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 351
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was informed on 28 June that her appointment, which was to expire on 30 September, would not be extended. On 30 June she applied for prenatal and postnatal leave, expecting her confinement on 22 October. The Director saw no objection to extending her appointment to the date of expiry of her maternity leave. The complainant was prematurely confined on 9 August. As a consequence of this new fact the organization granted her postnatal leave of 12 weeks and extended her appointment to 31 October. The complainant suffered no prejudice; the organization not only committed no impropriety but correctly applied the relevant provisions of the Staff Rules.
Keywords:
contract; enforcement; extension of contract; fixed-term; maternity leave; non-renewal of contract; staff regulations and rules;
Considerations
Extract:
There is no evidence that the dismissal in question was based on reasons extraneous to the interests of the organization or was tainted with abuse of authority. The organization maintains that the measure was due solely to the savings which it must now make. "The Tribunal may neither pass judgment on a policy which falls within the sole competence of the [organization] nor review action taken in pursuance of that policy."
Keywords:
budgetary reasons; contract; discretion; fixed-term; judicial review; non-renewal of contract; organisation's interest;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
The organisation was in breach of contract in that it failed to specify and pay the night work indemnity. The complainant is accordingly entitled to be paid the indemnity in full; were it not for a regulation which prescribes that claims relating to the payment of indemnities may not be raised later than six months from the date on which the staff member became entitled to raise such a claim, he would have been entitled to back payments from the time he joined the organisation. But he is thereby barred from claiming more than six months' arrears.
Keywords:
allowance; breach; contract; night differential; organisation; payment; time limit;
Consideration 32
Extract:
The complainant was summarily dismissed for disrespectful conduct. His dismissal was out of proportion with the offence. "The Tribunal will not order the reinstatement of the complainant. This could create a difficult situation [...] for which the complainant's abrasive conduct would be partly to blame." Compensation must be substantial: he had indefinite employment in an excellent post and suffered serious economic losses from the loss of employment. "The Tribunal must however take account of the fact that while the complainant's employment with the organisation might have lasted for the rest of his working life, [he was thirty years of age at the time.] There is a risk that a man of his temperament might sooner or later have given just cause for dismissal."
Keywords:
amount; conduct; contract; insubordination; material damages; misconduct; permanent appointment; proportionality; termination of employment;
Consideration 29
Extract:
"The complainant can only claim overtime in accordance with his contract and his contract was never amended. [...] The complainant cannot base a separate claim for overtime on a provision that was not a term of his contract [...]."
Keywords:
condition; contract; overtime; payment; provision; right;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
In the opinion of the Tribunal it is the words "terms of appointment" which are crucial in Article II, paragraph 5, of the Statute of the Tribunal. "The appointment is not imposed upon the official on such terms as the organization alone thinks fit; it is the result of a contract which contains the terms agreed between the organization and the person to be appointed."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
contract; iloat statute; terms of appointment;
Consideration 1
Extract:
"[F]or jurisdiction to be conferred on the Tribunal the complainant must establish that there was a binding contract of appointment; but if, as here, there is a dispute about that, it is a dispute which under paragraph 7 [of Article Il of its Statute] the Tribunal is competent to determine."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 7, OF THE STATUTE
Keywords:
competence of tribunal; condition; contract; evidence;
Considerations 13-14
Extract:
There is a clause in the contract which provides that the employment may be terminated by either party upon written notice of two weeks. "The organization contends that if the appointment had been made, it could and would have terminated it by giving a fortnight's notice and accordingly that the indemnity payable to the complainant should be calculated on the loss of two weeks' employment. In the opinion of the Tribunal good faith would forbid the use of a clause of this type simply for the purpose of destroying the contract. There must be reasonable grounds to justify a premature termination."
Keywords:
contract; enforcement; good faith; notice; offer withdrawn; organisation; provision; termination of employment;
Consideration 12
Extract:
The parties are bound by a contract for conditional appointment. One condition relates to "government and other internal clearances". The dossier contains no explanation of what this phrase means. "[S]ince it occurs in a document composed and proffered by the organization it is for the organization in the first place to attribute a meaning to it. Without this elucidation the Tribunal cannot hold that the condition has not been fulfilled [...]."
Keywords:
acceptance; condition; contract; judicial review; medical examination; member state; offer;
Consideration 4
Extract:
The dispute turns on whether or not a contract was concluded. "The question whether the present case is within the Staff Regulation depends on whether a person whom the organization had agreed to appoint formally as a staff member is to be deemed to be de facto a staff member within the meaning of the Regulation."
Keywords:
contract; enforcement; offer; offer withdrawn; organisation; staff regulations and rules; status of complainant;
Consideration 11
Extract:
The language and form of the document and the circumstances in which it was executed support the view that the organization intended to make a commitment, albeit one that was subject to conditions. "Owing to its failure to distinguish between a contract to appoint and the fact of appointment itself, the organization erroneously believed that it would not be legally bound until the appointment was actually made."
Keywords:
appointment; condition; consequence; contract; formal requirements; intention of parties; organisation's duties;
Consideration 5
Extract:
The complainant addressed himself to the Director of Personnel who informed him that no procedure existed for an appeal by a person not belonging to the staff of the organization. The complainant subsequently brought the matter to the attention of the Director-General who said that the organization considered his appeal to be irreceivable because he was not a staff member. The complainant concluded that this was a final decision and that he had exhausted his means of appeal. He informed the organization that he intended to file a complaint with the Tribunal. The organization did not reply. The organization thus led the complainant to believe that an appeal would be pointless and the organization cannot now be heard to object that it was not made.
Keywords:
contract; direct appeal to tribunal; good faith; internal remedies exhausted; locus standi; offer; receivability of the complaint; status of complainant;
Consideration 4
Extract:
The jurisdiction of an appeals committee need not necessarily be the same as the jurisdiction of the Tribunal. "It would be neither irrational nor inconvenient if the question whether a contract of appointment had or had not been concluded was left outside the jurisdiction of a committee designed to deal with staff grievances rather than with questions of law."
Keywords:
competence; competence of tribunal; contract; evidence; internal appeals body; offer;
Considerations 11-12
Extract:
There is nothing to suggest that the organization did not at the time of the contract intend to commit itself. The letter announcing the cancellation did not suggest that there had never been any commitment. The reason given was the financial situation of another body which was said to constitute a case of force majeure [...]. This point has not been pursued. the document constituted a contract for a conditional appointment.
Keywords:
budgetary reasons; condition; contract; force majeure; grounds; intention of parties; offer; offer withdrawn; organisation;
Consideration 15
Extract:
The withdrawal of finance by another body might be shown "as having such a crippling effect on the organization's ability to continue with the contract as to constitute reasonable grounds for its termination. But there is no material in the dossier which would enable the Tribunal to reach any conclusion about the effect of the withdrawal [...]. There is nothing [...] to connect the disapprovals with any financial situation." And there are further reasons for supposing that there may have been other factors to consider.
Keywords:
budgetary reasons; contract; grounds; judicial review; lack of evidence; offer; offer withdrawn;
Judgment 337
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The extension of fixed-term appointments is a matter which falls within the Director-General's discretionary authority and the Tribunal may interfere with his decision only in specific and limited circumstances."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Considerations
Extract:
"In his pleas the complainant merely contests the judgments of fact made by the Director-General, and so the Tribunal may not interfere."
Keywords:
contract; executive head; fixed-term; judicial review; non-renewal of contract;
Considerations
Extract:
By the extension of his contract, "the complainant was actually given five months' notice and there is nothing in [the Regulations] which required the administration to tell him the reasons for not renewing his appointment, provided the reasons were not tainted with any of the flaws which enable the Tribunal to interfere".
Keywords:
contract; discretion; duty to substantiate decision; extension of contract; fixed-term; non-renewal of contract; notice;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant argues that as a permanent official who had lost his post he was entitled to be appointed to a suitable vacant post without having to take a test. The applicable regulation provides for the grant of priority subject to two conditions: the existence of a suitable vacant post and the staff member's capacity to give useful service in that post. "To determine whether the two conditions are met it may sometimes be necessary to test the staff member whose post has been abolished." There was no mistake of law.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; condition; contract; permanent appointment; priority; probationary period; qualifications; reassignment; termination of employment; vacancy;
Judgment 327
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Up to a certain date, the complainant was employed as a contractual employee. She then became an official subject to the Staff Regulations. The second appointment was not simply an extension of the first, but must be considered "a quite separate, fixed-term appointment. In other words, she was not dismissed: her appointment was not extended."
Keywords:
amendment to the rules; contract; effect; extension of contract; status of complainant;
Judgment 325
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant refused two successive appointments. His appointment under a contract of indeterminate duration was terminated; "it appears from the documents in the dossier that the Director-General ordered the transfers in the interests of the organization and that the allegation of abuse of authority is not proved."
Keywords:
complainant; contract; organisation's interest; permanent appointment; refusal; termination of employment; transfer;
Judgment 324
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The impugned decision was a refusal to renew the complainant's contract. "That is a decision of a discretionary nature and one which the Tribunal may quash only if [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 3
Extract:
"Use of a computer by an unqualified or unscrupulous person may lead to errors or breaches of confidence. That is why it is important to define exactly the duties of the staff of a body such as the International Computing Centre and require every single employee to show strict respect for the limits of his duties. The complainant was employed as an operator and in exceeding his functions as such failed in a basic duty. In other words, whatever the actual consequences of his conduct may have been, it warranted the decision not to renew his appointment."
Keywords:
contract; fixed-term; grounds; misconduct; non-renewal of contract; staff member's duties;
Consideration 7
Extract:
"It is [...] immaterial whether the complainant caused his employer any material prejudice. What matters is that he committed a breach of duty which warranted the decision not to renew his appointment."
Keywords:
condition; consequence; contract; misconduct; non-renewal of contract; staff member's duties;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
"The conception of a legislative enactment, insofar as it applies to matters within the jurisdiction of the Tribunal, means the power to alter unilaterally by general enactment the relationship created by the contract. The Tribunal has recognised this power to the extent that it may affect those terms of the contract which appertain to the structure and functioning of the international civil service and to benefits of an impersonal nature and subject to variation, but not the the extent to which it purports to affect the individual terms and conditions of an official in consideration of which he accepted appointment."
Keywords:
acquired right; amendment to the rules; contract; discretion; judicial review; legislative body; limits; staff regulations and rules;
Consideration 28
Extract:
According to the organization, the modification of the salary schedule was decided by a legislative enactment of the Council. If this is true, "it means that there is no control whatever over the dealings of an executive body such as the Council with the staff of the organization [...]. Since the Director-General in his dealings with the staff is subject to the control of the Council, it means that an official's contract gives him no rights which the Council cannot nullify and in particular that he is paid his salary ex gratia and not as a matter of contract. In the opinion of the Tribunal this is not the law."
Keywords:
amendment to the rules; contract; enforcement; legislative body; right; salary; scale;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In accordance with Article II of its Statute the Tribunal hears complaints of breach of terms of appointment or of Staff Regulations and Staff Rules. In reaching its decisions it construes such texts by the accepted methods of legal interpretation."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; staff regulations and rules;
Judgment 321
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's contract, a fixed-term appointment, expired. "The very fact that the Director-General gave him several short extensions of appointment shows that the organization did indeed try to keep him on the staff by granting him an appointment of longer duration. Although he applied unsuccessfully for many vacancies, it was for the Director-General alone, since he is responsible for the efficient running of the organization, to decide whether to offer the complainant any of those vacancies. Besides, because of his grade [D.1] few posts could be offered to him."
Keywords:
contract; discretion; fixed-term; non-renewal of contract; organisation's duties; short-term; successive contracts;
Judgment 317
39th Session, 1977
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The organisation and the Provident Scheme jointly concluded a contract with the complainant. "According to Article VII of its Statute the Tribunal hears complaints which challenge decisions and decisions alone, and that excludes contracts, for example. Unless the complainant is impugning a decision her complaint is irreceivable. If the complainant wished to avoid or vary the contract [...] she ought first to have asked the other parties and called for decisions from them on the matter. Those are the only kind of decisions she might have impugned before the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
application for quashing; cause of action; competence of tribunal; condition; contract; iloat statute; no cause of action; receivability of the complaint;
Judgment 316
39th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The decision to renew or not to renew a contract falls within the discretion of the Director-General. His conclusion that the allegations are not well founded must be accepted by the Tribunal unless he has misused his discretion."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 315
39th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The clauses [of the letter of appointment] are clearly worded and formally establish that the salary stated in the contract was exclusive of any allowance, indemnity or additional sum of any kind. Hence the complainant may not claim a 'separation allowance' since none was provided for in his contract. In any case no such allowance existed at the time the contract was concluded."
Keywords:
allowance; complainant; contract; interpretation; right; salary;
Judgment 312
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In the circumstances, the Appeals Committee's finding that [the complainant] was [...] wholly commendable and that her retention in employment would have served the [organization's] interests was no reason for the Director-General, who bears sole responsibility for the smooth running of the organization, not to exercise his authority and, on the expiry of the complainant's appointment, either refuse her a new appointment [...] or conclude a new contract with her or with [someone with different qualifications]."
Keywords:
abolition of post; contract; discretion; fixed-term; non-renewal of contract; satisfactory service;
Judgment 310
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"This was a decision which fell within the discretion of the Director-General and therefore the Tribunal's power of review is limited to certain grounds of which the only one here relevant would be an improper motivation. The main reason why the complainant's contract was not renewed was that his superiors considered that he was not the type of person who could work within a team. They may have been right or wrong about this, but a careful study of the dossier does not indicate the existence of any improper motive or of any other ground which could justify the intervention of the Tribunal."
Keywords:
contract; discretion; fixed-term; grounds; judicial review; non-renewal of contract; working relations;
Judgment 307
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
There can be a binding contract before a letter of appointment has been issued. "There is a binding contract if there is manifest on both sides an intention to contract and if all the essential terms have been settled and if all that remains to be done is a formality which requires no further agreement."
Keywords:
condition; contract; definition; evidence; intention of parties;
Consideration 16
Extract:
"[T]here is a clear distinction between a contract to appoint and the appointment itself, and it is normal to have an interval between the two so as to allow for the preparation of the formal documents. The payment of salary and the start of the official's duties, including the duty to travel to his place of work, would naturally be contemporaneous and begin on a date to be fixed by the letter of appointment."
Keywords:
appointment; contract; date; payment; salary; time limit;
Consideration 4(D)
Extract:
"Paragraph 5 [of Article II] in the English text refers to non-observance of 'the terms of appointment', but in this context the word 'appointment' is not in the opinion of the Tribunal to be restricted to the narrow sense of a formal appointment. It must be treated as embracing a contract to make an appointment and in this sense it is consistent with the French text, 'contrat d'engagement'."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; interpretation; language of rule; terms of appointment;
Consideration 5
Extract:
The complainant relies on an interview with an official acting as the spokesman of the organisation "and upon the previous correspondence between himself and the organisation. It is quite often the case that, when a contract of this sort has been concluded, it will be followed by a formal document; in the case of a large organisation which is accustomed to use its own forms, there will almost certainly be a letter of appointment. This does not mean that there can be no binding contract until the letter of appointment".
Keywords:
contract; evidence; formal requirements;
Judgment 306
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complete turn around in assessments of the complainant's work within the space of ten months is unexplainable. The organisation's belated explanations are not borne out by the evidence. "Hence, although the impugned decision cannot be said to have been taken for reasons contrary to the interests of the [service], it is clear at least that the decision drew clearly mistaken conclusions from the facts and should therefore be quashed."
Keywords:
amount; contract; different appraisals; fixed-term; mistaken conclusion; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;
Judgment 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Two conclusions may be drawn from the dossier. First, the complainant has professional and other merits [...]. Secondly, according to his own correspondence his relationship with the chief of his division had deteriorated to the point of precluding co-operation between them. [...] In refusing to renew the complainant's appointment, the Director-General did not draw clearly mistaken conclusions from the dossier."
Keywords:
contract; fixed-term; mistaken conclusion; non-renewal of contract; satisfactory service; supervisor; working relations;
Consideration 3
Extract:
"In its report the Appeals Committee set out the parties' allegations and commented on them. The Director-General knew of the Committee's report since he expressed his views on it. He was therefore aware of the facts which the complainant alleges were essential, and there is nothing to suggest that he disregarded them."
Keywords:
contract; disregard of essential fact; fixed-term; internal appeals body; non-renewal of contract; recommendation;
Consideration 1
Extract:
"The impugned decision not to extend the complainant's appointment [...] falls within the Director-General's discretionary authority."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 295
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The [organisation] was willing to sign the contract with the complainant as early as 1 October [...] the postponement to 21 October was due entirely to the attitude of the complainant, who of his own accord and for personal reasons delayed coming to [headquarters] [...] the [organisation], which did its utmost to have the complainant's contract ready by 1 October, was not to blame for any delay and was not at fault. The complainant alone was responsible for postponement of the signing of his contract to 21 October and on no grounds whatever can he properly claim any compensation in respect of the period prior to his appointment."
Keywords:
complainant; contract; date; delay; material damages; negligence; organisation;
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