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You searched for:
Keywords: Contract
Total judgments found: 428
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Judgment 421
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 7
Extract:
the staff regulations make no special provisions about the way in which a decision not to renew a contract is to be taken. the director-general had set up a working party to advise him on the matter of staff reductions. the instructions to the working party cannot in the opinion of the tribunal be read as requiring it to apply the statutory procedure appropriate to decisions concerning termination of appointment in the event of staff reductions.
Keywords:
abolition of post; contract; fixed-term; no provision; non-renewal of contract; procedure before the tribunal; staff reduction;
Consideration 9
Extract:
the tribunal concludes that an information note on the setting up of a working party did not become part of the contractual relationship between the organisation and the complainant. it is not therefore competent to consider allegations that the terms of the note were not observed. the note may have constituted an agreement between the director and the staff union, but that would not bring it within the competence of the tribunal.
Keywords:
binding character; competence of tribunal; contract; elements; information note; staff union agreement;
Judgment 417
44th Session, 1980
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The Tribunal believes that the complainant was expressly excluded, by his contract of employment, from participation in the Pension Fund. An alteration in the contract could be made only by mutual consent. The Tribunal treats a letter addressed to the complainant as "an offer, which the organization was rightly confident would be accepted to remove the exclusion clause".
Keywords:
amendment to the rules; contract; offer; organisation; participation excluded; pension; unjspf;
Consideration 12
Extract:
"It is not necessary to decide that in all circumstances and for all purposes a notice of personnel action is part of the contract of employment. On the face of it is a summary in a convenient form of what a concluded contract contains. If the form contains provisions that are not in the concluded contract, the staff member could refuse to sign it as unacceptable. If he signs it as acceptable, it must depend on the circumstances whether or not any new matter is to be treated as supplementing the [...] contract and thus becoming part of it."
Keywords:
amendment to the rules; contract; elements;
Consideration 12
Extract:
The complainant received a form, summarising for the needs of the organisation the elements of his contract. The heading "Pensions" was marked "Not applicable". The complainant fulfilled the required conditions for participation in the fund; the Tribunal therefore considers that the expression in question could be justified only if participation was excluded by the contract. The existing contract was silent about pension rights. The expression is "only making explicit what is implied in the contract already executed."
Keywords:
contract; participation excluded; pension; unjspf;
Consideration 12
Extract:
A new provision as well as an [indirect] amendment to his contract allowed the participation of the complainant in a pension fund. He may not validate prior service because his earlier participation was specifically excluded under the terms of his contract of employment, such a situation having been provided for by the material provisions.
Keywords:
amendment to the rules; contract; participation; participation excluded; pension; unjspf; validation of service;
Judgment 415
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
It is not open to the Director-General to substitute another preference for that expressed in the Staff Regulations for "persons already in the service [...] to do so is beyond his lawful powers. [...] The Regional Director in deciding not to extend the complainant's contract on the ground that her post was abolished, failed to take into consideration the other posts that were or should have been open to her and for which she should have been given preference."
Keywords:
abolition of post; contract; fixed-term; non-renewal of contract; organisation's duties; priority; reassignment;
Consideration 5
Extract:
The complainant's post was abolished and she was not offered two vacant posts. The Tribunal draws the inference "that the continuation of her own work was not offered to the complainant (who would have accepted it, although at a lower grade) with the consequent renewal of her contract, because a decision had already been taken not to extend her contract on the grounds of her nationality."
Keywords:
abolition of post; contract; fixed-term; grounds; nationality; non-renewal of contract;
Consideration 7
Extract:
The complainant's post was abolished and her contract was not renewed. The Staff Regulations stipulate that preference should be given to "persons already in the service" but the complainant was denied the benefit of such preference. "She has not been deprived of any contractual rights to salary or pension, but only of expectation of further employment. The Tribunal considers that the appropriate award of compensation is 8,000 Swiss francs."
Keywords:
abolition of post; amount; contract; damages; fixed-term; legitimate expectation; non-renewal of contract; organisation's duties; priority; reassignment;
Judgment 414
44th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Although such a change is not expressly provided for in any text, it is by no means precluded. There is nothing to prevent an official who has left the organisation for some reason or other from being reappointed and it is therefore equally admissible to replace one kind of appointment with another."
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; permanent appointment;
Consideration 4
Extract:
The organisation experienced financial difficulties and reduced the number of posts. Efforts were made to reassign the complainant, whose contract without limit of time had been replaced by a fixed-term appointment. The "lack of success [of these efforts] does not mean that the [organisation] failed in its obligations. indeed it was only to be expected in the circumstances. [...] There is no evidence to suggest that it appointed staff members less well qualified than he to duties which might have suited him."
Keywords:
abolition of post; amendment to the rules; budgetary reasons; contract; duration of appointment; fixed-term; organisation's duties; permanent appointment; reassignment; staff reduction;
Consideration 2
Extract:
The complainant had a choice between two solutions: either to go ahead with the internal procedure or to enter into a fixed-term contract. He was able to make his choice freely and was not subject to any pressure. "The most that can be said is that there would have been duress had the [organisation] declared a fictitious abolition of the complainant's appointment without limit of time in order to make him consent to a fixed-term appointment. But it did not do so. The abolition of his permanent post formed part of a real reorganisation and was no mere pretext.
Keywords:
abolition of post; acceptance; contract; duration of appointment; duress; fixed-term; permanent appointment; waiver of right of appeal;
Judgment 406
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
In the circumstances of the case, it appears to be natural that the appointment should not be renewed. In his submissions the complainant offers no proof of prejudice or illegality. The material "may or may not be such as would give the complainant a remedy for breach of contract. But its only relevance to a complaint of non-renewal is to show that the relationship between the parties was such that it could not conceivably be in the interests of the organization to continue it."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's interest;
Considerations
Extract:
There is provision for the possibility of an extension and an expert, "whose assignment has run smoothly and for whom the circumstances show a continuing need, is entitled to expect that [...] an unprejudiced decision will be taken in the interests of the organisation. This does not mean that the organisation is required to justify a non-renewal as if it was an interference with a contractual right."
Keywords:
contract; fixed-term; legitimate expectation; non-renewal of contract; organisation's duties; organisation's interest; project personnel;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(D)
Extract:
No provision provides for converting an appointment of indeterminate duration into a fixed-term one. "There is neither any general principle of law nor any provision of the Staff Regulations nor any term of her contract of appointment which precludes such a change of status."
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; no provision; permanent appointment;
Consideration 6
Extract:
The Director-General stated that he would inquire into the truth of the alleged assurances given to the complainant. "That was a conciliatory gesture, and it meant neither the continuation of her earlier appeal nor the introduction of a new one. [...] Since the action he intended was informal, [the Director-General] was under no duty to give the complainant an opportunity to comment on the outcome. That she was not allowed to give evidence in the course of the inquiry therefore constituted no breach of the right to a hearing."
Keywords:
contract; executive head; inquiry; investigation; promise; right to reply;
Consideration 2
Extract:
"There was one consideration which alone warranted the non-renewal of [the complainant's] appointment. That was the organisation's straitened financial circumstances [...] which required a reduction in staff. It was no abuse of authority for the Director-General to decide that, of those whose appointment the organisation was considering terminating, the choice should fall on the complainant: she held a fixed-term appointment and had received less satisfactory performance reports than other members of the staff."
Keywords:
budgetary reasons; contract; fixed-term; grounds; non-renewal of contract; staff reduction; unsatisfactory service;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendments to the rules." Either of the following circumstances may give rise to an acquired right: a) "a right should be considered to be acquired when it is laid down in a provision of the Staff Regulations or Staff Rules and is of decisive importance to a candidate for appointment"; b) "a right will be acquired if it arises under an express provision of an official's contract of appointment and both parties intend that it should be inviolate."
Keywords:
acquired right; amendment to the rules; condition; contract; definition; provision; staff regulations and rules; terms of appointment;
Considerations 11 and 13
Extract:
The organisation imposed four days of unpaid leave on officials. The provisions which relate to exceptions and amendments to the Staff Regulations do not preclude the application of the provision respecting the amendment of contracts of employment, and upon which the organisation acted. This provision takes precedence over the text which enumerates the list of deductions.
Keywords:
amendment to the rules; contract; enforcement; provision; staff regulations and rules;
Consideration 14
Extract:
The organisation imposed four unpaid days of leave on officials over a period of six months. "It is immaterial that the decision made no formal amendment to the Staff Regulations or to individual contracts of employment of the staff members to which it applied. First, it was a temporary measure, and so there was no question of amending the Staff Regulations. Secondly, what happened was that individual contracts of employment were subject to implied amendment for a period of six months, as provided for" in the provision concerning the modification of contracts.
Keywords:
amendment to the rules; compensatory measure; contract; deduction; formal requirements; leave; reduction of salary; salary; staff regulations and rules;
Consideration 7
Extract:
The amount of salary is contractual and is immune to amendment only if the parties intend that it should be inviolate. "At the time when the complainants' basic salary was determined and later when it was adjusted, the parties are unlikely to have had in mind the circumstances [which led to the impugned decision]. "But, had they done so, would they ordinarily have intended that the amount of remuneration should be inviolate?"
Keywords:
acquired right; amendment to the rules; amount; contract; salary;
Consideration 6
Extract:
"A right will be acquired if it arises under an express provision of an official's contract of appointment and both parties intend that it should be inviolate. Thus not all rights arising under a contract of appointment are acquired rights, even if they relate to remuneration: it is of the essence that the contract should make express or implied provision that the rights will not be impaired."
Keywords:
acquired right; condition; contract; provision;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
According to the FAO Manual, before terminating an expert's appointment the organization must make sure that it cannot find him other employment. The organization "must show the diligence which the circumstances of the case require." In this case, "it was dilatory", took "a hasty decision and one which had not been preceded by any prompt inquiries."
Keywords:
abolition of post; contract; organisation's duties; project personnel; reassignment;
Consideration 8
Extract:
The complainant lost his job by virtue of a provision concerning the abolition of posts. For reasons of his age, seniority, the expectation that he would soon retire and family responsibilities, "the complainant had a certain right to preference, even over more highly qualified candidates. That does not mean [...] that he should have been appointed in preference to any other candidate. [...] In putting him on the same footing as the others, the organization failed to take due account of all the relevant factors of his case."
Keywords:
abolition of post; contract; disregard of essential fact; organisation's duties; priority; project personnel; reassignment; termination of employment;
Judgment 381
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The obligation put upon an employer to negotiate changes in salary may be a condition of the contract of employment, but it would have to be specifically expressed in the individual contract or very clearly implied. "Merely because the term is contained in a collective agreement, it cannot be deemed ipso facto to be incorporated in the individual contracts of all those affected by the collective agreement."
Keywords:
amendment to the rules; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
Vide Judgment 381, consideration 6.
Reference(s)
ILOAT Judgment(s): 381
Keywords:
amendment to the rules; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;
Consideration 13
Extract:
The complainants must "establish that they are entitled to enforce [the] agreements as a part of their contracts of employment over which alone the Tribunal has jurisdiction."
Keywords:
burden of proof; competence of tribunal; complainant; contract; elements; enforcement; staff union agreement; terms of appointment;
Judgment 372
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The privileges at issue derive from the headquarters agreement and have been expressly granted in the interests of the organisation. "Hence, according to the terms of the agreement [...] the privileges granted [...] and now claimed by the complainant were not a personal right, and so could not have been of decisive importance to him when he accepted appointment. Furthermore, he may not rely on an express guarantee in his contract; "new staff members should [...] have realised that the benefits depended" on an agreement with a state which could be amended at any time. He may not rely on an acquired right.
Keywords:
acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;
Consideration 4
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendment to the Rules. It may be either a right which is laid down in a provision of the Staff Regulations or Staff Rules and which is of decisive importance to a candidate for appointment, or a right which arises under an express or implied provision of an official's contract of appointment and which the parties intend should be inviolate."
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Consideration 11
Extract:
"An acquired right might be established in the present case only if, either expressly or by implication, for example in the light of conclusive evidence, the complaint's contract of appointment had guaranteed the benefits he is claiming. [...] He cannot rely on any clause in his contract: there is no express guarantee."
Keywords:
acquired right; condition; contract; provision;
Considerations 10-11
Extract:
Vide Judgment 372, considerations 5 and 6.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;
Judgment 368
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendment to the rules. In particular, it may be either a right which arises under an official's contract of appointment and which both parties intend should be inviolate, or a right which is laid down in a provision of the Staff Regulations or Staff Rules and which is of decisive importance to a candidate for appointment."
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 366, consideration 6.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 359
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's claims for damages are excessive. Since he had been informed that an extension of his contract gave him one "last chance", "he must have known that his position in [the organization] was precarious. The extensions of his appointment [...] were so short that he should have realised that he stood to lose his employment in a few months' time and that it would therefore be reasonable to look for employment outside [the organization]."
Keywords:
amount; contract; extension of contract; fixed-term; material damages; non-renewal of contract; successive contracts;
Consideration 6
Extract:
It is not desirable to allow the complainant's claim for reinstatement. "It does not appear from the dossier that [the organization] could at present make use of his services in any vacant post. [T]he sum of one year's salary will compensate the prejudice for which he is entitled to damages." [17 years' service; non-renewal of appointment resulting from abuse of authority.]
Keywords:
amount; contract; damages; decision quashed; fixed-term; non-renewal of contract; reinstatement;
Consideration 5
Extract:
"[I]t appears from the evidence in the dossier that the circumstances in which the complainant's appointment ended amount to an abuse of authority." [no description of post, no detailed comment on his performance, hence either omission of essential facts or clearly mistaken conclusions from the facts, hence quashing of decision.]
Keywords:
abuse of power; contract; disregard of essential fact; fixed-term; mistaken conclusion; misuse of authority; non-renewal of contract; omission; organisation's duties; performance report; post description;
Judgment 358
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A decision by the Director [...] to extend a staff member's appointment beyond the age limit set in the Staff Regulations is purely discretionary" and the Tribunal may interfere with such a decision only in exceptional circumstances set out in the case law.
Keywords:
age limit; contract; discretion; extension beyond retirement age; judicial review; retirement;
Considerations
Extract:
"Although the Director is empowered to extend a staff member's appointment to the age of 65, he is in no case bound to do so. He may exercise that authority to allow an exception only in the interests of the [organisation], not in the exclusive interests of the staff member. In deciding on the complainant's case he would have to bear in mind the possibility that the complainant might obtain a pension, but that was only one fact to be taken into account among others."
Keywords:
age limit; contract; contributory service; discretion; extension beyond retirement age; organisation's interest; pension; retirement; staff member's interest;
Judgment 357
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"A staff member may derive an acquired right either from a clause of his contract of appointment or from a provision of the Staff Regulations or the Staff Rules which was important enough to affect the mind of the ordinary applicant when he was considering joining the staff of the organisation." [In the instant case, the provision on compensation for accumulated leave was modified; but there is nothing to suggest that an applicant for a position on the staff would have joined the organisation in reliance on the earlier rule.]
Keywords:
acquired right; amendment to the rules; commutation of accrued leave; contract; provision; staff regulations and rules;
Judgment 354
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In deciding whether or not to extend a staff member's appointment the Director-General must take account of all the facts in the file of the person concerned. Where the latter has been subject to a disciplinary sanction, that must be weighed against other facts in the staff member's favour in order to reach a decision in the organisation's interests alone. It is lawful, save in exceptional circumstances, to take into account a disciplinary sanction. To impose a covert disciplinary sanction would be unlawful.
Keywords:
contract; disciplinary measure; fixed-term; hidden disciplinary measure; non-renewal of contract; organisation's interest;
Consideration 2
Extract:
It appears from the applicable rule "that it is within the Director-General's discretionary authority to decide whether or not to renew a fixed-term appointment. Because that authority is discretionary, [the person concerned] has no right to extension of appointment, and where it is not extended the tribunal's power of review is limited. The Tribunal may interfere with the Director-General's exercise of his discretionary authority only if the decision not to extend [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 3
Extract:
The Director-General's decision, "inasmuch as it was based on appreciations of fact [...] is not subject to review by the Tribunal."
Keywords:
contract; fixed-term; judicial review; non-renewal of contract;
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