Contract (292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 661, 660, 686, 309, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 648, 654, 671,-666)
You searched for:
Keywords: Contract
Total judgments found: 428
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Judgment 1115
71st Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
The complainant wants the Tribunal to set aside two reports which describe his work as unsatisfactory as well as decisions to suspend his salary step increase and not to extend his appointment. He alleges bad faith and abuse of authority on the part of the administration. There is conflicting evidence. "A complainant must discharge the burden of proof and satisfy an internal appeal body or the Tribunal that the balance of probability is that his allegations of fact are true. [...] The Tribunal has [...] considered all the evidence, including a transcript of a recording the complainant secretly made of a conversation with his supervisor. It finds that he has not discharged the burden of proving his allegations".
Keywords:
abuse of power; appraisal of evidence; burden of proof; complainant; conduct; contract; evidence; fixed-term; good faith; increment withheld; lack of evidence; misuse of authority; non-renewal of contract; performance report; recording; unsatisfactory service;
Consideration 11
Extract:
"The Director General decided [...] not to allow his request for a permanent appointment on the grounds that he failed to meet the condition of seven years' satisfactory service. The complainant therefore has no right to any further extension".
Keywords:
condition; contract; fixed-term; non-renewal of contract; permanent appointment; refusal; unsatisfactory service;
Judgment 1114
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant, an official of the World Bank, was hired by UNESCO to work for a limited period in a "co- operative programme". His appointment was not extended. He "had no entitlement to any extension since according to Staff Rule 104.6 a fixed-term appointment ends automatically on expiry, without notice or indemnity, and carries no expectation of renewal: his mere expectation of renewal did not confer any right on him in law."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 104.6
Keywords:
contract; fixed-term; non-renewal of contract;
Consideration 8
Extract:
The complainant, whose appointment had not been extended, "accuses the organization of acting arbitrarily because it made no effort to find a position for him, though it did seek to place other members of [his division]. But the explanation is that he had the possibility of reinstatement in the World Bank - and indeed he himself arranged [...] to go back to the Bank - whereas the other members [of the division] presumably had no such alternative to fall back on. In the circumstances there was no abuse of authority or arbitrariness in the organization's stand."
Keywords:
abuse of power; contract; fixed-term; misuse of authority; non-renewal of contract; reassignment;
Judgment 1108
71st Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
After retiring from the Organization the complainant returned under a contract as a consultant. The letter of acceptance he signed indicated that he was being recruited locally. He argues that as a Swedish citizen whom the WHO contacted in Stockholm he was entitled to non-local status and the payment of a daily subsistence allowance. The Organization submits, rightly, that in putting his signature to the contract he accepted the terms of the offer.
Keywords:
acceptance; contract; daily subsistence allowance; external collaborator; local status; non-local status; terms of appointment;
Considerations 5-6
Extract:
"Although [WHO] Manual provision II.12.320 [...] says that consultants shall be paid the subsistence allowance applicable to the country of the duty station, Staff Rule 1330 empowers the Director-General to 'appoint consultants without regard to the provisions of the other sections of the Rules'. So the Director-General's offer of an appointment as a consultant without the per diem allowance was quite lawful anyway."
Reference(s)
Organization rules reference: WHO STAFF RULE 1330 WHO MANUAL PROVISION II.12.320
Keywords:
contract; daily subsistence allowance; enforcement; external collaborator; local status; provision; staff regulations and rules;
Consideration 4
Extract:
If the complainant laid claim to payment of the per diem allowance he should have said so before signing the offer of appointment; the Organization would then have had the opportunity of maintaining or amending the terms of its offer. The complainant might have been entitled to claim the allowance if he had not signed a contract that expressly excluded it; but as it was he was bound by the terms of appointment to which he put his signature. He had, after all, spent 25 years in the service of the WHO, during which, moreover, he had gained experience of personnel matters, until he retired in 1985. It is therefore not open to him to plead unawareness of the consequences of his acceptance.
Keywords:
acceptance; contract;
Judgment 1107
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, who joined CERN as a fireman, was transferred from a night-shift post to one confined to day work. The offer of the new post said that staff who gave up shift work could be compensated for loss of the shift allowance at digressive rates over three years. The Director- General decided to grant him compensation over a period of only one year. The Tribunal sets the decision aside on the grounds that "an offer of appointment holds good until it is withdrawn or accepted in good faith and without qualification, when it amounts to a contract."
Keywords:
acceptance; appointment; binding character; compensatory allowance; compensatory measure; contract; elements; good faith; offer; reduction of salary; salary; transfer;
Judgment 1105
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant is objecting to a decision based on a statement allegedly made by the Director-General about the circumstances of his departure from UNESCO. The Tribunal is competent ratione personae: under Article II(6) of its Statute it is open to former officials of UNESCO." But it is not competent ratione materiae under II(5) inasmuch as he is not alleging non-observance of the terms of his appointment or provisions of the Staff Regulations. "He must show not just some connection with the terms of his appointment but also 'non-observance' of them."
Reference(s)
ILOAT reference: ARTICLE II(5) AND (6) OF THE STATUTE
Keywords:
competence of tribunal; condition; contract; iloat statute; separation from service;
Judgment 1084
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A right will be acquired when he who has it may expect it to be respected notwithstanding any amendment of written rules. One instance is where the right arises under a clause of the contract that the parties intend should be inviolate. Not all contractual rights are acquired rights: the parties must have expressly or by implication precluded the possibility of impairing them." Inasmuch as the change in the complainant's title made no difference to the level of his duties and responsibilities, to the nature of his work or his salary, the Tribunal found no breach of an acquired right. He therefore sustained no appreciable injury.
Keywords:
acquired right; amendment to the rules; contract; definition; lack of injury; title of post;
Judgment 1052
69th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant worked in the International Labour Office as a language teacher. Though the complainant was not an ILO official, the Tribunal is competent to hear the complaint under Article II(4) of its Statute.
Reference(s)
ILOAT reference: ARTICLE II(4) OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; locus standi; status of complainant;
Consideration 4
Extract:
"Where the reason given for the non-renewal is unsatisfactory performance, the Tribunal will not replace with its own the organisation's view of the complainant's fitness for his duties."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; unsatisfactory service; work appraisal;
Consideration 4
Extract:
"The case law is 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, [etc]. Although such criteria hold good for the review of all discretionary decisions, the Tribunal will exercise especial caution in reviewing a decision not to confirm the appointment of someone who is still on probation; else probation would fail to serve its purpose as a period of trial. In the case of a probationer the administration must indeed be allowed the widest measure of discretion, and its decision will stand unless the flaw was particularly serious or glaring."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; probationary period; termination of employment;
Consideration 5
Extract:
The complainant objects to the non-renewal of his appointment after probation. He alleges breach of his right to a hearing. "The plea is unsound because there was no element of disciplinary sanction in the decision. What the administration did was to make an assessment of the complainant's performance and it was under no duty to enter into any dialogue with him on the subject."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's duties; probationary period; right to reply; termination of employment;
Judgment 1047
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"A decision by the Director-General not to renew an appointment is a discretionary one, but his discretion is not unfettered. Since one of the reasons he gave for the decision impugned in this case is unfounded and the other reason is tied in with it, the decision must be set aside."
Keywords:
contract; discretion; fixed-term; grounds; judicial review; non-renewal of contract;
Judgment 1046
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The organization alleges that the reason it put an end to the complainant's appointment was the expiry of his contract. The Tribunal is satisfied that it failed to extend his appointment because his performance was considered unsatisfactory. "The Director-General's decision confirming the complainant's termination must be set aside because he was not separated for the reason it gave."
Keywords:
contract; fixed-term; grounds; judicial review; non-renewal of contract; unsatisfactory service;
Summary
Extract:
The complainant was transferred on 1 February 1988. On 5 February he got notice that his contract would not be renewed because of an unsatisfactory report concerning his new assignment. The Tribunal holds that "it was incumbent on the [organization] to give him a fair trial in the job, and [...] to ask after the lapse of only four days for an immediate replacement was to act with undue haste."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's duties; reasonable time; time limit; unsatisfactory service; work appraisal;
Judgment 1045
69th Session, 1990
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Rule 1050.2 provides: 'When a post of indefinite duration, which is filled, is abolished, a reduction in force shall take place, in accordance with procedures established by the Director'. The procedures are set out in detail in the Manual of the WHO, and it is clear that the rules preclude the termination of an appointment until the reduction-in-force procedure has been completed. The notice [given to her] was therefore invalid, and in keeping with the reasoning in Judgment 469 the complainant's contract is renewed by implication and remains in force. She is entitled to payment of the salary and allowances due under her contract less any indemnity of earnings she may have received in the meantime."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.2
ILOAT Judgment(s): 469
Keywords:
abolition of post; amount; consequence; contract; enforcement; extension of contract; fixed-term; material damages; permanent appointment; post; procedure before the tribunal; staff reduction; termination of employment;
Judgment 1044
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Whether to renew a fixed-term appointment is a discretionary decision, and the Tribunal may not set it aside unless it was taken without authority, or in breach of a rule of form or of procedure, or unless it was based on a mistake of fact or of law, etc." The organization's financial difficulties constituted a proper basis on which to base the decision not to extend her appointment.
Keywords:
budgetary reasons; contract; discretion; fixed-term; judicial review; non-renewal of contract;
Summary
Extract:
The complainant objects to the non-renewal of her appointment. She alleges that upon recruitment she was given assurances that her fixed-term appointment would be converted into a continuing one on the date of expiry. But there is no evidence to suggest that she was given any such assurance.
Keywords:
contract; evidence; fixed-term; lack of evidence; non-renewal of contract; permanent appointment; promise;
Judgment 1040
69th Session, 1990
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Precedent is clear: even when someone has just a temporary appointment a decision not to renew it must be taken when the contract period is expiring; the administration's decision not to renew must be notified to the employee within the prescribed time limit; and if due notice is not given there will be implied renewal for a further period." The complainant got notice four days too late and the Tribunal held that the extension of his contract by five days to make up the required period of notice had no effect.
Keywords:
compensatory measure; consequence; contract; effect; extension of contract; non-renewal of contract; notice; omission; organisation's duties; short-term;
Judgment 1038
69th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant, who is challenging the non-renewal of his contract, is concerned that the Director-General's decision may have been prompted by unsubstantiated charges. He alleges breach of his right to a hearing. "The plea is unsound because there was no element of disciplinary sanction in that decision [...] The Director-General made a value judgement which did not require entering into a dialogue with him. There is no reason to hold that the Director-General was not genuine in his evaluation of the complainant's suitability for the post of administrator or that his decision was based on any mistake of fact."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's duties; right to reply;
Consideration 4
Extract:
"The Director-General took his decision [not to renew the complainant's contract] in the exercise of his discretionary authority. Even though colleagues of the complainant's thought him suitable and recommended extending his appointment, the decision was not theirs to make."
Keywords:
competence; contract; discretion; executive head; fixed-term; non-renewal of contract; qualifications; work appraisal;
Judgment 1037
69th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
After his appointment was extended several times and he received favourable staff reports, the complainant was denied the renewal of his appointment. That decision was based on a lack of leadership qualities, even though these were not mentioned in the requirements set out in his job description. As the decision mistakenly took account of facts unrelated to the duties assigned to him, it is tainted by a fatal flaw and the Tribunal will set it aside.
Keywords:
contract; fixed-term; mistaken conclusion; non-renewal of contract; post description; qualifications; work appraisal;
Judgment 1035
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's permanent post was abolished and he was appointed to a temporary one for a period of two years. Any post, whatever its duration or source of funding, may be abolished because of a change of programme. Besides, the organisation had assured him that his post description, status and conditions of service would be the same as before. Under the circumstances the Tribunal finds that the decision has neither infringed his contractual rights nor otherwise affected him adversely.
Keywords:
abolition of post; budgetary reasons; contract; fixed-term; lack of injury; permanent appointment; post; terms of appointment; transfer;
Judgment 1034
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The pension rights of an employee in the United Nations family of institutions are governed by the Regulations of the United Nations Joint Staff Pension Fund and are determined by the kind of contract he holds. The complainant was employed for a certain time under special service agreements which do not entitle him to membership in the Fund.
Keywords:
contract; external collaborator; fund regulations; participation excluded; pension; pension entitlements;
Judgment 1022
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant relies on an acquired right to three months' notice as stipulated in her contract. The organization gave her six months' notice. "There is an acquired right only where an amendment to the material rules that is to the official's detriment disrupts the structure of the contract or impairs the fundamental terms of employment that induced him to take up duty with the organization." That condition is plainly not met in the instant case.
Keywords:
acquired right; contract; notice; termination of employment; terms of appointment; time limit;
Judgment 1021
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 1022, consideration 5.
Reference(s)
ILOAT Judgment(s): 1022
Keywords:
acquired right; contract; notice; termination of employment; terms of appointment; time limit;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
According to Article 53 of the Staff Regulations, those regulations may be amended or supplemented only "without prejudice to the rights the organization's officials have acquired" thereunder. That is an affirmation of the rule that an official "may plead an acquired right not only where it is contractual but even when staff regulations have been amended."
Reference(s)
Organization rules reference: ARTICLE 53 OF INTERPOL STAFF REGULATIONS
Keywords:
acquired right; amendment to the rules; contract; staff regulations and rules;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
Organization rules reference: ARTICLE 53 OF THE INTERPOL STAFF REGULATIONS
ILOAT Judgment(s): 1020
Keywords:
acquired right; amendment to the rules; contract; staff regulations and rules;
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