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 605
52nd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant had been renting a villa from the WHO at Brazzaville. The Organization terminated his lease after learning that he had a guest of his living with him without the WHO's consent. Neither the Staff Regulations nor the Staff Rules nor any other text adopted thereunder lay any obligation whatever on the WHO to provide accommodation for staff stationed at Brazzaville. The lease makes no reference to the Regulations, nor does any of its clauses allow of indirect reference to them. The complainant's expulsion had no bearing on WHO work as such. It follows that the Tribunal is not competent to hear the complaint.
Keywords:
competence of tribunal; contract; staff regulations and rules;
Judgment 600
52nd Session, 1984
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The question is [...] whether [the complainant] continues to be worth his place in the organisation. If he does, it is prima facie in the interests of the organisation to retain his services; if he does not, it is the Director-General's duty to allow the appointment to terminate. The Director-General must reach an informed and unprejudiced conclusion, but that is all that is required of him."
Keywords:
contract; discretion; fixed-term; limits; non-renewal of contract; organisation's interest; right to reply;
Judgment 592
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The report on the complainant's performance expresses reservations about it; it appears from several items filed that there was disagreement between the complainant and those he was in touch with. "The Tribunal accordingly holds that the [...] decision [not to renew the complainant's appointment] should be deemed to be in the ITU's interests and therefore suffers from none of the defects which would entitle the Tribunal to set it aside. In particular it does not draw any clearly mistaken conclusions from the facts. The complaint must therefore be dismissed."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's interest; working relations;
Consideration 5
Extract:
"An organisation may not get rid of a [fixed-term] staff member as it pleases, and without stating reasons, when the period of his appointment expires. It must take care that its decision suffers from none of the defects which entitle the Tribunal to set it aside."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; non-renewal of contract;
Summary
Extract:
The complainant has no right to conversion of his fixed-term contract into a permanent one. There is no provision in the Staff Regulations and Staff Rules which says that the incumbent of a permanent post should perforce have a permanent appointment.
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; no provision; permanent appointment; right;
Consideration 4
Extract:
"The case law is that whether or not to extend an appointment is a matter of discretion. The Tribunal may exercise only a limited power of review over such a decision".
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 3
Extract:
The complainant was appointed for a fixed term. "It is immaterial that he received assurances about the possibility of confirmation, that he holds a permanent post. That his predecessor had a permanent appointment and that other staff members have been granted permanent appointments after fixed-term ones. None of these facts warrants the grant of the permanent appointment. In particular there is no provision in the Staff Regulations and Staff Rules which says that the incumbent of a permanent post should perforce have a permanent appointment."
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; non-renewal of contract; permanent appointment; post; right;
Summary
Extract:
The organisation argues that by accepting the final extension of his appointment, the complainant waived his right to appeal and the complaint is irreceivable because it is in breach of the principles of good faith and estoppel. The Tribunal holds that waiver of a right to bring action may not be presumed; waiver is binding only if it is express or clearly implied on the facts. Mere acceptance of a decision giving him partial satisfaction does not necessarily denote waiver of the claims which had not yet been met.
Keywords:
acceptance; condition; contract; estoppel; extension of contract; good faith; receivability of the complaint; waiver of right of appeal;
Judgment 588
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"In endorsing the adverse comments in the last report the WHO did not rely on isolated or incorrect facts or draw clearly mistaken conclusions from the evidence. [...] The Director took account only of what was revealed by the report [...] and he considered the complainant's comments thereon. His decision to terminate the appointment shows none of the defects [which could lead the Tribunal to quash it] and is sound in law."
Keywords:
contract; fixed-term; judicial review; mistaken conclusion; non-renewal of contract; performance report; unsatisfactory service;
Judgment 584
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The PAHO contends that because the complainant did not hold a post of indefinite duration, Rule 1050.2 does not apply to him. The Tribunal finds that Rule 1050.2 applies for reasons set out in Judgment 581 (Judgment 581 refers to the reasoning and conclusions in Judgment 470 concerning the applicability of the same rule).
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 581
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;
Judgment 583
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 584, consideration 3.
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 581, 584
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;
Judgment 582
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 584, consideration 3.
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 581, 584
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;
Judgment 581
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"In [Judgment 470] the Tribunal considered the applicability of [a rule] to a staff member whose fixed-term appointment had been regularly extended and held that [the rule] applied in such a case. [...] In the instant case, [as in P.] the complainant was the holder of a post of indefinite duration. The Tribunal sees no reason to differ from the conclusion reached in [case P.] or the reasoning on which that conclusion was based." The Article applies in the instant case.
Reference(s)
Organization rules reference: ARTICLE 1050.2 PAHO STAFF RULES
ILOAT Judgment(s): 470
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;
Judgment 577
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision not to renew the complainant's contract was taken in the framework of economy measures requiring the abolition of certain posts. The complainant was not qualified to hold any of the vacant posts available [...] and his linguistic skills were insufficient to [permit] alternative employment [to be obtained] for him. His allegation of discrimination is, in the circumstances, unfounded."
Keywords:
abolition of post; budgetary reasons; condition; contract; fixed-term; non-renewal of contract; qualifications; reassignment;
Consideration 7
Extract:
"As the Tribunal observed in [Judgment 421] the question whether the action of the administration [...] was intended to have a contractual effect must be determined in the light of the circumstances in each case. In regard to the non-renewal of fixed-term contracts, it seems to the Tribunal that staff members would, in view of the practice, have come to rely on receiving reasonable notice as part of their contractual rights".
Reference(s)
ILOAT Judgment(s): 421
Keywords:
binding character; contract; fixed-term; non-renewal of contract; notice; practice; reasonable time;
Judgment 570
51st Session, 1983
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The plea correctly regards [the national] law as a question of fact. It is not binding on the Tribunal and its relevance in this case is not an aid to the interpretation of the contract between the parties."
Reference(s)
ILOAT Judgment(s): 507, 508
Keywords:
applicable law; contract; domestic law; enforcement; interpretation; tribunal;
Judgment 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"As a matter of principle a strike is lawful. It does not break the contract of employment or the administrative link between an organisation and its staff. The employee continues to be a member of the staff and the only provisions of the Staff Regulations to be suspended are those which are incompatible with the work stoppage. Salary is withheld by virtue of a provision in the Regulations, the requirement of payment for services rendered, and any provision which is not incompatible with the existence of a strike remains in force."
Keywords:
consequence; contract; entitlement for service rendered; right to strike; salary; strike;
Judgment 549
50th Session, 1983
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The principles on which the Tribunal exercises a limited power of review of decisions of the Director General not to renew a fixed-term contract are now established in the Tribunal's jurisprudence and are not in any material point in this case in dispute. It is therefore unnecessary to restate them in general terms."
Keywords:
case law; contract; fixed-term; non-renewal of contract;
Consideration 4
Extract:
"The ending of the work on which an officer is engaged is not in all circumstances a conclusive justification of non-renewal; the possibility of using his services in other ways is also a factor to be considered. In the present case, however, the organization rightly contends that the complainant's qualifications as an analyst programmer were so specialised as to make it useless to consider posts in other departments."
Keywords:
contract; fixed-term; non-renewal of contract; qualifications;
Judgment 544
50th Session, 1983
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
An article of the Staff Rules "provides that there shall be no internal appeal against any decision not to renew a contract. There may therefore be a direct appeal to the Tribunal against such a decision, without any breach of the Statute, and whether the internal means of redress were exhausted is not a material issue in this case."
Keywords:
contract; direct appeal to tribunal; exception; fixed-term; internal remedies exhausted; non-renewal of contract; receivability of the complaint;
Consideration 3
Extract:
The organization "is disregarding the restrictions on the Director-General's authority. It believes that the Director-General need provide no justification for not extending a fixed-term appointment. Not only did it fail to inform the complainant, at least in writing, of the reasons for the decision but it has said nothing whatever about them in the course of the present proceedings. In short, it acts as if the Director-General were free from any review of the exercise of his authority. It is not so. The non-renewal was therefore tainted with a mistake of law and should be quashed."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; flaw; judicial review; non-renewal of contract;
Judgment 542
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Someone who tries to conceal an awkward truth, even with skillful phrasing, may not defend the ruse by accusing the reader of an oversight. The Tribunal [...] holds that the complainant's attitude warranted the [organization's] imposing the penalty provided for in the letter of appointment" (withdrawal of the offer).
Keywords:
contract; misrepresentation; offer withdrawn;
Consideration 3
Extract:
The penalty imposed was justified, but the complainant's appointment was terminated "without warning of the action that might be taken against him, although it [was] never said that the matter was urgent. The general principle of lawis that an administration may not impose a penalty on anyone before giving him an opportunity to comment on the charges against him".
Keywords:
contract; flaw; general principle; misrepresentation; offer withdrawn; procedural flaw; right to reply;
Judgment 523
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant asks [...] for [...] compensation for prejudice caused to his career as an international civil servant; no doubt he could have expected that, but for the reorganisation, his contract in Washington would have been renewed; nevertheless, as things have happened, the reorganisation would have been a good ground for non-renewal."
Keywords:
career; contract; fixed-term; injury; professional injury; termination of employment;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
According to a staff rule, an appeals board shall advise the Director-General "when a staff member lodges an appeal against an administrative decision 'alleging that it conflicts with the terms of his appointment or with any regulation or rule'." A decision therefore which is not in conflict with the complainant's terms of appointment or with any regulation or rule is not appealable."
Keywords:
competence; contract; enforcement; internal appeals body; provision; staff regulations and rules;
Judgment 516
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
After the lodging of an internal appeal - the complainant sought a further short-term appointment - an extension was granted from 1 April to 31 May. A further extension was granted retroactively on 3 November from 31 May to 31 July. "None of this means [...] that the appeal was allowed or that the [...] complaint is therefore without substance. The two short extensions were granted for compassionate reasons, and they were not tantamount either to acceptance of the appeal or to an offer of any further short-term appointment. Accordingly the complainant still has a cause of action and the Tribunal will hear his claims for relief."
Keywords:
cause of action; contract; extension of contract; fixed-term; internal appeal; non-renewal of contract; receivability of the complaint; short-term;
Considerations
Extract:
"The complainant was an honourable and useful official and committed no misconduct. Moreover, the non-renewal was a personal decision taken by the Director-General at his discretion. The same compassionate reasons which warranted retroactive extension of the appointment to 31 July [...] may therefore justify a further and final retroactive extension to 29 August [*] [...] Be that as it may, it is not a matter for the Tribunal to decide."
[*] date based on a medical certificate.
Keywords:
contract; discretion; extension of contract; fixed-term; judicial review; non-renewal of contract; sick leave;
Summary
Extract:
The Tribunal is limited in the extent to which it can assess the legality of a decision not to grant the renewal of a contract. The Tribunal finds none of the defects which it would have competence to redress. There was no abuse of authority, and no essential facts were overlooked; nor were clearly mistaken conclusions drawn from the evidence. The Tribunal noted that a further extension of the appointment for compassionate reasons could be justifiable, but the Tribunal did not take a stand on the matter.
Keywords:
contract; discretion; extension of contract; fixed-term; judicial review; non-renewal of contract;
Judgment 515
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's appointment was terminated, and the rule concerning termination of limited duration posts, applied. The complainant contends that the rule for posts of indefinite duration should have been applied. The Tribunal held that posts attached to projects whose own duration is limited, are likewise of limited duration. The complainant's post came under such a project.
Keywords:
abolition of post; applicable law; contract; fixed-term; post; project personnel; termination of employment;
Judgment 514
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is unnecessary here to consider to what extent [an administration] directive can confer on the staff member a contractual right capable of being enforced by the Tribunal. Assuming that it can, and that in this case it does, the reasoning in paragraph 7 of Judgment No. 426 would apply to prevent it from being an acquired right." Judgment 426 states that an official is given an acquired right to fundamental benefits only. Reimbursement of tax on lump-sum payments from the pension fund may not be construed as a fundamental benefit.
Reference(s)
ILOAT Judgment(s): 426
Keywords:
acquired right; administrative instruction; contract; lump-sum; pension; refund; tax;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal granted that a rule allowed for dismissal in cases of economic problems of a permanent kind. No explanation of the circumstances which may have made staff reductions unavoidable is contained in the dossier. Although prudence might have led to such a measure, that would not suffice to bring the relevant clause into operation. "In supposing that it was [sufficient], the Director-General must have misconstrued the rule and thus been led to exceed his powers. The [dismissal] decision impugned was outside his authority and must be quashed on that ground."
Keywords:
abolition of post; abuse of power; contract; grounds; misuse of authority; permanent appointment; staff reduction; termination of employment;
Consideration 9
Extract:
The Regulations provide for the organisation to contribute "to a national social security system" in respect of its employees. The organisation claims that national law is not binding upon it and that it can adopt what parts of the scheme it chooses. This is mistaken. Having voluntarily decided to contribute to the scheme and to require its employees to do likewise, the organisation has put itself under the contractual obligation to the complainants to comply fully with the scheme."
Keywords:
contract; domestic law; enforcement; insurance; organisation's duties;
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