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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)

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Keywords: Contract
Total judgments found: 428

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  • Judgment 23


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (L)

    Extract:

    Vide Judgment 22, consideration (l).

    Reference(s)

    ILOAT Judgment(s): 22

    Keywords:

    conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;



  • Judgment 22


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (L)

    Extract:

    The complainant was dismissed because of doubts concerning her integrity. "The fact that in this case the doubts raised as to the loyalty to her own government brought by a government which enjoys in all respects the highest prestige, must be without any influence upon the consideration of the facts in the case and the determination of the principles whose respect the Tribunal must ensure."

    Keywords:

    conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;



  • Judgment 21


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (L)

    Extract:

    Vide Judgment 22, consideration (l).

    Reference(s)

    ILOAT Judgment(s): 22

    Keywords:

    conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;

    Consideration on the substance (E)

    Extract:

    A circular provides for renewal if, in particular, the services of the person concerned are needed. "This expression cannot mean that the person concerned must be irreplaceable, in that no successor can be found; [...] it means only that the requirements of the service [...] must be permanent and that the said person must give full satisfaction therein and otherwise in all manner in the performance of his duties".

    Keywords:

    contract; fixed-term; interpretation; non-renewal of contract; organisation's interest; work appraisal;

    Consideration on prejudice

    Extract:

    "An official who combines all the necessary qualities has a legitimate expectancy of being offered a new appointment in the position which he occupied [...]. Not only is such an almost absolute quod plerumque fit but also [...] in thus acting the administration has as its objective to create a permanent body of officials experienced in their duties, who are destined to follow a career in the organisation".

    Keywords:

    career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;

    On the substance (A)

    Extract:

    "Any unmotivated decision would not be subject to the general legal review which is vested in the Tribunal, and would be liable to become arbitrary."
    At issue is the non-renewal of a fixed-term contract.

    Keywords:

    contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;



  • Judgment 19


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    On the substance (E)

    Extract:

    Vide Judgment 22, consideration (l).

    Reference(s)

    ILOAT Judgment(s): 22

    Keywords:

    conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;

    Consideration on the substance (E)

    Extract:

    Vide Judgment 21, consideration on the substance, (e).

    Reference(s)

    ILOAT Judgment(s): 21

    Keywords:

    contract; fixed-term; interpretation; non-renewal of contract; organisation's interest; work appraisal;

    Consideration (A)

    Extract:

    Vide Judgment 21, consideration (a).

    Reference(s)

    ILOAT Judgment(s): 21

    Keywords:

    contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;

    Consideration on prejudice

    Extract:

    Vide Judgment 21, consideration on prejudice.

    Reference(s)

    ILOAT Judgment(s): 21

    Keywords:

    career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;



  • Judgment 18


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (A)

    Extract:

    Vide Judgment 21, consideration (a).

    Reference(s)

    ILOAT Judgment(s): 21

    Keywords:

    contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;

    Consideration on the substance (E)

    Extract:

    Vide Judgment 22, consideration (l).

    Reference(s)

    ILOAT Judgment(s): 22

    Keywords:

    conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;

    Consideration on prejudice

    Extract:

    Vide Judgment 21, consideration on prejudice.

    Reference(s)

    ILOAT Judgment(s): 21

    Keywords:

    career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;



  • Judgment 17


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    On the substance (A)

    Extract:

    Vide Judgment 21, consideration a.

    Reference(s)

    ILOAT Judgment(s): 21

    Keywords:

    contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;

    Consideration on prejudice

    Extract:

    Vide Judgment 21, consideration on prejudice.

    Reference(s)

    ILOAT Judgment(s): 21

    Keywords:

    career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;

    On the substance (E)

    Extract:

    Vide Judgment 22, consideration l.

    Reference(s)

    ILOAT Judgment(s): 22

    Keywords:

    conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;



  • Judgment 14


    4th Session, 1954
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Staff Regulations provide that in the event of a reduction of staff preference be given to staff members with permanent appointments. The "systematic recourse to the statutory exception would be contrary to the spirit of the provisions governing the conditions of service of permanent officials who must in principle be protected against [budgetary] fluctuations, and would thus lead to rendering the notion of permanency of function void of substance; [...] such a procedure would impede good administration and endanger the sound functioning of the international organisations.

    Keywords:

    abolition of post; budgetary reasons; contract; effect; organisation's interest; permanent appointment; priority; staff reduction; termination of employment;

    Considerations

    Extract:

    Alleging the inferior quality of the complainant's work, the organization failed by way of exception to give her preferential treatment when implementing staff reductions. "As regards the comparative evaluation of service [...], the Director-General [...] has discretionary power [...]. This discretionary power cannot be used to misuse recourse to the aforementioned exception."

    Keywords:

    abolition of post; contract; discretion; permanent appointment; priority; staff reduction; work appraisal;



  • Judgment 12


    4th Session, 1954
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "The judgement of the Director-General is final and [in the present case] is not subject in law to any rule which has not been observed [...]. In consequence, the Tribunal is not competent to judge the merits of the decision reached by the Director-General in the exercise of the powers conferred on him by the Staff Regulations."

    Keywords:

    competence of tribunal; contract; discretion; fixed-term; judicial review; non-renewal of contract;

    Consideration 11

    Extract:

    The provision to which the complainant refers "states expressly that the Director-General may retain an official in service until he reaches the age of 65 years but [...] it grants the Director-General discretionary power to decide in which cases exception may be justified."

    Keywords:

    age limit; contract; discretion; exception; extension beyond retirement age; fixed-term; non-renewal of contract; retirement;

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Last updated: 05.07.2024 ^ top