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You searched for:
Keywords: Contract
Total judgments found: 428
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Judgment 1273
75th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A decision not to renew an appointment, though discretionary, must be taken for proper reasons that are notified to the staff member. It will be unlawful if it was not taken by the competent authority and in line with the set rules of procedure, if there was a mistake of law or of fact or abuse of authority, or if some clearly mistaken conclusion was drawn from the evidence."
Keywords:
abuse of power; competence; contract; decision; decision-maker; discretion; due process; duty to substantiate decision; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; organisation's duties;
Judgment 1272
75th Session, 1993
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
If someone from outside of the organization who was picked on the strength of experience and qualifications "is given responsibilities that confer authority over serving staff or entail even a temporary change in the organisation's structure, his appointment must comply with the usual rules on the establishment and filling of posts. That is so even where the contract he signs stipulates that he shall not be an international civil servant."
Keywords:
appointment; contract; creation of post; due process; external collaborator; staff regulations and rules; supervisor;
Consideration 9
Extract:
"The Tribunal is competent to rule on the effects that the recruitment of [Mr. X] may have on the complainants' rights under the Regulations because the organisation established a special relationship with him: see what the Tribunal said on the subject, albeit in another context, in Judgment 122 [...] - in the second paragraph."
Reference(s)
ILOAT Judgment(s): 122
Keywords:
case law; competence of tribunal; contract; staff regulations and rules;
Judgment 1267
75th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Since the claim does not arise out of a dispute over any contract to which the organisation was a party, the Tribunal is not competent to entertain it."
Keywords:
competence of tribunal; complaint; contract; organisation;
Judgment 1262
75th Session, 1993
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The case law has made it consistently plain that a decision not to renew a fixed-term appointment, being discretionary, may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority. Moreover, when the reason given for non-renewal is unsatisfactory performance, the Tribunal will not replace the organisation's assessment of the complainant's fitness for his duties with its own."
Keywords:
abuse of power; case law; contract; decision; discretion; disregard of essential fact; fixed-term; flaw; formal flaw; grounds; judicial review; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; procedural flaw; qualifications; unsatisfactory service;
Considerations 6-7
Extract:
"The complainant argues that the ESO drew mistaken conclusions from the facts in that it was not free to have him perform tasks other than those provided for under the terms of his contract [...]. A description of the complainant's post [...] that he himself signed included what were called 'background activities', and they went beyond the tasks that had originally been required of him. The Tribunal is satisfied that by confining himself to [certain tasks] he displayed a lack of commitment which properly put at issue the question as to whether the observatory should extend his contract." The ESO did not draw plainly mistaken conclusions about his performance.
Keywords:
contract; decision; discretion; fixed-term; judicial review; mistaken conclusion; non-renewal of contract; post description; unsatisfactory service; work appraisal;
Considerations 11-12
Extract:
The complainant objects to a decision not to extend his appointment. "The complainant was involved in the layout and design of the staff magazine, which, he says, was at times critical of the ESO. [...] The charge of victimisation, which is easy enough to make, has to be supported by serious evidence. The complainant has failed to discharge the burden that lies on him to prove the charge against the Observatory. For one thing, he was not even an official of the Staff Association. For another, his allegation that he was victimised merely because he helped with the publication of the magazine is unsupported by a shred of evidence."
Keywords:
burden of proof; contract; decision; evidence; fixed-term; freedom of speech; harassment; hidden disciplinary measure; non-renewal of contract; staff representative;
Judgment 1260
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant wants the Tribunal to order the removal of a mention in his file after he turned down the offer of a post which allegedly puts an "obstacle" on his name to get jobs from the organization. The organization contends that it has not had any contractual ties with the complainant since a short contract it gave him some time ago, and it points out that his present claims have no bearing on that contract. "The Tribunal's competence is restricted under Article II(5) of its Statute to hearing complaints alleging the non-observance, in substance or in form, of the terms of appointment of an official or of provisions of the organisation's Staff Regulations. The complaint fails because the Tribunal lacks competence to entertain it."
Reference(s)
ILOAT reference: ARTICLE II(5) OF THE STATUTE
Keywords:
competence of tribunal; complaint; contract; iloat statute; locus standi; non official; personal file; receivability of the complaint; staff regulations and rules;
Judgment 1249
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The impugned decision [not to renew the complainant's appointment] was warranted neither by the WHO's concern for the purported interests of the country of the complainant's nationality nor by its desire to keep on good terms and work effectively with its membership. Relations with a member state may be good without the Organization's allowing any of its Member States the right to interfere in the area of personnel management."
Keywords:
complainant; contract; decision; fixed-term; independence; international civil service principles; member state; nationality; non-renewal of contract; organisation; place of origin;
Consideration 7
Extract:
The organization decided not to extend the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The organization makes out that, having derived from his status as a 'seconded' official the privilege of being relieved of going through the usual competitive process, the complainant may not, according to the doctrine of estoppel, 'take advantage of a special situation in his favour and then later deny the validity of this in order to obtain some further advantage'. The simple answer to that is that the organization bypassed the usual procedure because of an understanding it had with [a Member State]. So it may not properly expect the complainant to suffer for its own failure to follow the usual procedure as laid down in its rules."
Keywords:
appointment; breach; competition; complainant; contract; decision; enforcement; fixed-term; general principle; good faith; non-renewal of contract; procedure before the tribunal; secondment; staff regulations and rules;
Consideration 4
Extract:
WHO put an end to the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The Director-General took himself to be bound by the attitude of the government of the Soviet Union. In doing so, he mistook the limits of his own discretion. As was held in Judgment 15 [...] among others, he must in exercising that discretion observe the general principles that govern the international civil service and safeguard the independence of organisation and official alike. The Director-General has committed a mistake of law."
Reference(s)
ILOAT Judgment(s): 15
Keywords:
case law; complainant; contract; decision; discretion; executive head; extension of contract; fixed-term; independence; international civil service principles; limits; member state; nationality; non-renewal of contract; official; organisation; secondment;
Consideration 5
Extract:
The organization failed to renew the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. the director-general has "committed a mistake of fact by wrongly taking the complainant to be on secondment [...] the organization actually concedes the point in its surrejoinder: his appointment 'could not [...] be described as a true secondment'".
Keywords:
complainant; contract; decision; fixed-term; mistake of fact; non-renewal of contract; secondment;
Judgment 1247
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant's termination has not been justified on the grounds of serious misconduct. "Reinstatement is no longer possible. The Tribunal therefore awards him, in accordance with Article VIII of its Statute, compensation in a sum of 600 dollars, the full amount of remuneration due for the rest of his contract."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
compensation; contract; grounds; iloat statute; reinstatement; salary; serious misconduct; termination of employment; tribunal;
Judgment 1232
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant, a civil servant of the organization who had been sentenced in his country of origin, was released from prison but was not allowed to leave the country. Under duress he wrote a letter applying for early retirement which was forwarded to the organization by his government. The organization accepted the request and rejected the complainant's internal appeal against that decision. The Tribunal quashes the decision. "On the evidence he was a good employee and he had his appointment constantly renewed from the start of his imprisonment until the date of consent to his early retirement. He might therefore have reasonably expected renewal of appointment up to the age of retirement."
Keywords:
condition; contract; extension of contract; fixed-term; legitimate expectation; satisfactory service; work appraisal;
Judgment 1230
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The impugned decision - the non-renewal of the complainant's contract until his retirement- was made on the basis of mistake of fact, an erroneous interpretation of certain statements made by the complainant regarding his availability. It was also established that the Agency must have known that the government of the complainant's country of origin wanted him to return home. The Agency, in this context "ought to have paid especial heed, for the sake of the independence of the international civil service, and his own in particular, to finding out just what he really intended and conveying it accurately to the competent committee."
Keywords:
contract; fixed-term; independence; intention of parties; international civil service principles; member state; non-renewal of contract; official; organisation; organisation's duties;
Consideration 4
Extract:
The Agency granted the complainant only a short contract renewal, refusing to renew the contract until the date of his retirement. According to the defendant, this decision was based on information in its files which indicated that the complainant wasn't available after a certain date. Now it has been established that the complainant said he would be available as long as the Agency wished. "A decision by an international organization to grant only a short extension of appointment or none at all, though it is discretionary, must still be based on correct findings of fact."
Keywords:
contract; discretion; fixed-term; judicial review; mistake of fact; mistaken conclusion; non-renewal of contract; organisation;
Judgment 1226
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 832.
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; breach; budgetary reasons; case law; cause; contract; criteria; staff regulations and rules;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The complainant's appointment expired on 31 March 1992 and there was no reason why the organization should renew it. In the light of all the material circumstances, including her behaviour, the Tribunal disallows her claim to reinstatement."
Keywords:
complainant; conduct; contract; fixed-term; non-renewal of contract; refusal; reinstatement; request by a party; tribunal;
Judgment 1175
73rd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"As the case law makes plain - for example, judgments 736 [...] and 1161 [...] - a decision not to confirm a probationer's appointment is a matter of discretion for the President. Although the Tribunal may review the lawfulness of dismissal of a probationer, the nature of the decision is such that its power of review is limited. It will set aside the decision only if there was a mistake of fact or law, or a formal or procedural flaw, or if some essential fact was overlooked, or if a clearly mistaken conclusion was drawn from the evidence, or if there was abuse of authority."
Reference(s)
ILOAT Judgment(s): 736, 1161
Keywords:
abuse of power; case law; contract; discretion; disregard of essential fact; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; probationary period; procedural flaw; termination of employment;
Judgment 1166
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The organization contends that the complaint is irreceivable. In its submission the complainant has no locus standi because he was not an official of CERN, had no relationship of employment with it, did not work for it and was subject to its rules only to a strictly limited extent. [...] In accordance with the terms of his appointment and [the relevant] Staff Rules the complainant was [...] free to [...] lodge a complaint as a member of CERN's staff. [...] But the complaint is irreceivable for another reason [...] the decision he impugns is irrelevant to his contract with CERN".
Keywords:
competence of tribunal; contract; decision; locus standi; receivability of the complaint; staff regulations and rules; status of complainant;
Judgment 1159
72nd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
WHO Staff Rule 1050.2.3 "distinguishes between holders of a career-service appointment and temporary staff. Whereas the former 'shall be given priorities', the Director-General enjoys discretion to 'establish priority' among the latter. He was therefore under no obligation to give any particular priority to the holder of a temporary appointment like the complainant."
Reference(s)
Organization rules reference: WHO STAFF RULE 1050.2.3
Keywords:
career; contract; discretion; fixed-term; organisation's duties; priority;
Consideration 6
Extract:
"As to the lack of proper notice, the Director-General's decision [...] to grant him another two years' appointment affords ample compensation".
Keywords:
compensation; contract; fixed-term; non-renewal of contract; notice;
Judgment 1154
72nd Session, 1992
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is a general principle of international civil service that there must be a valid reason for any decision not to renew a fixed-term appointment and that the reason must be given to the staff member. That principle was set out, for example, in Judgment 675 [...] in 10 and 11."
Reference(s)
ILOAT Judgment(s): 675
Keywords:
case law; contract; duty to substantiate decision; fixed-term; international civil service principles; non-renewal of contract;
Judgment 1151
72nd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
After many years in CERN's employ under fixed-term appointments, the complainants applied for indefinite appointments. Their cases having been reviewed according to a new procedure for the grant of such appointments. CERN told them it would neither grant them indefinite appointments or renew their fixed-term ones on expiry. "But there is no obvious logical connection between the refusal to grant an indefinite appointment and the refusal to renew a fixed-term one."
Keywords:
contract; duration of appointment; fixed-term; non-renewal of contract; permanent appointment;
Judgment 1145
72nd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Notwithstanding the terms of 4.6(d) the practice in the ILO is to give at least two months' notice of non-renewal of a fixed-term appointment. The Organisation admits that the practice was not followed in the complainant's case but points out that he got compensation for its mistake in the form of another two months' pay. The Tribunal holds such compensation to be adequate".
Reference(s)
Organization rules reference: ARTICLE 4.6(D) OF THE ILO STAFF REGULATIONS
Keywords:
compensatory allowance; contract; fixed-term; non-renewal of contract; notice; practice;
Judgment 1138
72nd Session, 1992
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
"By virtue of UNESCO Staff Rule 104.6(b) a fixed-term contract may at the Director-General's discretion be extended or converted into an indefinite appointment, but the staff member has neither any right to an extension nor any legitimate expectancy of one. In keeping with precedent [...] the Tribunal will not interfere with the discretionary decision not to extend an appointment unless it was made without authority or in breach of a rule of procedure, or was based on a mistake of fact or of law, or overlooked some essential fact, or amounted to an abuse of authority."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 104.6
Keywords:
contract; discretion; extension of contract; judicial review; non-renewal of contract; titularization;
Consideration 3
Extract:
"The unsatisfactory nature of [the complainant's] services is well-documented, was the conclusion of objective assessment and amply justified the decision not to renew his contract."
Keywords:
contract; fixed-term; non-renewal of contract; unsatisfactory service;
Judgment 1128
71st Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
As stated in Judgment 675, "an international organisation is under an obligation to consider whether or not it is in its interests to renew a contract and to make a decision accordingly: though such a decision is discretionary, it may not 'be arbitrary or irrational'; there 'must be a good reason for it and the reason must be given'."
Reference(s)
ILOAT Judgment(s): 675
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; grounds; limits; non-renewal of contract; organisation's duties; organisation's interest;
Consideration 6
Extract:
Two police reports show that the complainant was held in disfavour by the local authorities at two duty stations. As a result his appointment was not renewed. "On the evidence the Tribunal is satisfied not only that the Organization's doubts about the complainant were legitimate but also that it was free to conclude that he was unsuitable for future assignments and, more particularly, to fear that, if granted any further assignment, he might not, as was his duty under [Regulation] 301.014, behave 'in a manner befitting [his] status' as an international civil servant and with proper 'reserve and tact'."
Reference(s)
Organization rules reference: FAO STAFF REGULATION 301.014
Keywords:
conduct; contract; duty of discretion; fitness for international civil service; fixed-term; non-renewal of contract; staff member's duties;
Judgment 1116
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant submits that the decision not to renew his appointment was tainted with breach of his right of defence since he failed to get a copy of a report concerning him by the Joint Disciplinary Committee. The Tribunal observes that such reports are confidential under Rule 110.2(e). "Besides, the report is immaterial, even in the present context, because the Committee recommended no disciplinary action and the stated reasons for termination were financial stringency and abolition of post."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 110.2(E)
Keywords:
abolition of post; advisory body; budgetary reasons; confidential evidence; contract; disclosure of evidence; fixed-term; lack of injury; non-renewal of contract; report; right to reply;
Consideration 5
Extract:
The complainant, whose post was abolished, alleges that the organization committed a mistake of law by keeping him in its employ under a long string of short-term appointments. He relies on what he says was UNESCO's established practice of extending fixed-term appointments for never less than one year. The Tribunal observes that there is no rule binding the organization to a minimum or maximum period of extension and that the complainant does not offer a shred of evidence of the practice he says it followed.
Keywords:
burden of proof; contract; duration of appointment; evidence; extension of contract; fixed-term; non-renewal of contract; organisation's duties; practice; short-term; successive contracts;
Consideration 2
Extract:
"According to consistent precedent the Director-General has discretion to extend a fixed-term appointment or convert it into an indeterminate one and his decision will be set aside only if taken without authority [etc]".
Keywords:
amendment to the rules; contract; discretion; duration of appointment; fixed-term; judicial review; non-renewal of contract; permanent appointment;
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