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You searched for:
Keywords: Contract
Total judgments found: 428

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• Judgment 1687

  
  84th Session, 1998
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5(a)

  Extract:

  "There will be no contract unless an offer is made and accepted, and both offer and acceptance take effect upon notification to the other party. Here the ILO's offer was in law no more than an intention since it was never notified to the complainant himself nor sent to his address before being withdrawn."

  Keywords:

  consequence; contract; extension of contract; intention of parties; non-renewal of contract; offer; request by a party;
  

  
  
  

• Judgment 1666

  
  83rd Session, 1997
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6(c)

  Extract:

  It may not be inferred from Short-Term Rule 3.5 and from the extension of his appointment that the complainant was entitled to the retroactive grant of non-local status. "The effect of the Rule is to bestow retroactively on a short-term official benefits granted to the holder of a fixed-term appointment. If, like the complainant, he belongs to the professional category the place of recruitment will have no bearing on the terms of his appointment. So neither does it have any bearing on entitlements granted retroactively."

  Reference(s)

  Organization rules reference: ILO SHORT-TERM STAFF RULE 3.5
  
  

  Keywords:

  appointment; contract; duty station; local status; non-local status; professional category; short-term; staff regulations and rules; terms of appointment;
  

  
  
  

• Judgment 1659

  
  83rd Session, 1997
  European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  The complainants "plead breach of Regulation 12.2(b) which confers priority for re-employment on permanent employees whose posts had to be abolished. But since all the posts were abolished the Association had no choice in the matter and nothing to offer the redundant staff but the opportunity of applying for jobs in the new Secretariat."

  Reference(s)

  Organization rules reference: EFTA STAFF REGULATION 12.2(B)
  
  

  Keywords:

  abolition of post; competition; contract; exception; organisation's duties; permanent appointment; priority; reassignment; reorganisation; separation from service; staff regulations and rules; termination of employment;
  

  
  
  

• Judgment 1643

  
  83rd Session, 1997
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  It is true that the suspension of the unit in which the complainant was employed was based on a mistake about the date of expiry of her contract. But she was aware of the mistake and knew full well what she was doing when she accepted the impugned decision. "So she may not plead lack of consent."

  Keywords:

  abolition of post; acceptance; contract; date; decision; duration of appointment; lack of consent; secondment;
  

  
  
  

• Judgment 1634

  
  83rd Session, 1997
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 19

  Extract:

  "The Laboratory contends that the terms of the contract prevail over the Staff Rules and Regulations on the grounds that the latter are not 'given a superior rank over the provisions in the individual contract'. The Tribunal rejects the contention. Not only was the Director-General bound to abide by the Staff Rules and Regulations but the contract itself recognised that it was subject to the Staff Rules and Regulations."

  Keywords:

  contract; organisation's duties; precedence of rules; staff regulations and rules;
  

  Consideration 17

  Extract:

  "If the Director-General had really intended to employ the complainant as a supernumerary he ought to have given him a contract which complied with the Staff Rules and Regulations. He did not. The contract was therefore not one for supernumerary employment even though that was the label it bore."

  Keywords:

  contract; flaw; intention of parties; offer; organisation's duties; staff regulations and rules;
  

  
  
  

• Judgment 1633

  
  83rd Session, 1997
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "The Organization may not rely on the complainant's apparent willingness in March 1995 to accept a two-year extension of his contract: since it did not reply to his letter [...] it did not accept his offer. In April 1995 he sought an extension by five years, thereby withdrawing any offer to settle for two."

  Keywords:

  consequence; contract; extension of contract; failure to answer claim; intention of parties; offer; refusal; request by a party;
  

  Consideration 9

  Extract:

  "When [the complainant's] unpaid leave expired the Organization took no decision for sixteen months as to whether or not to extend his appointment, which was therefore automatically extended". The consequence of its failure to take a decision at the time is that the automatic extension of his contract was "by whatever period would have been normal." (In this case the normal period would have been five years).

  Keywords:

  consequence; contract; extension of contract; failure to answer claim; implied decision; practice;
  

  
  
  

• Judgment 1618

  
  82nd Session, 1997
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The complainants, who are permanent officials, object to a change in the Service Regulations which applies to officials under fixed-term appointments. "For the same reasons as those stated in Judgment 1451 the present complaints are receivable. What is at issue is not a general decision setting out the arrangements governing pay or other conditions of service. Such arrangements take the form of individual implementing decisions that each employee may eventually challenge [...]. What is at issue here is the adoption of rules on the employment of contract staff that may have indirect effects on the status of permanent employees as to their pay - if they have to bear a heavier financial burden - or as to their indirect involvement in the framing of EPO policy" as members of advisory bodies.

  Reference(s)

  ILOAT Judgment(s): 1451
  

  Keywords:

  case law; competence of tribunal; contract; duration of appointment; exception; fixed-term; general decision; individual decision; permanent appointment; receivability of the complaint; staff regulations and rules;
  

  
  
  

• Judgment 1617

  
  82nd Session, 1997
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "Whether the case is one of non-renewal or of dismissal, the rules on notice must be observed: so say the precedents. The need for such a safeguard is ordinarily not so great when the appointment is extended, but extended by a shorter term than the current one."

  Keywords:

  case law; contract; duration of appointment; extension of contract; non-renewal of contract; notice; termination of employment;
  

  Consideration 3

  Extract:

  "On the strength of the unfavourable appraisal non-renewal of her appointment may have seemed too harsh for someone who until then had had good reports which offered hope of improvement. So the [Organization] concluded that the right expedient was to give a shorter extension so that she might show her mettle. In coming to those conclusions on the evidence before him the Director-General did not go beyond the bounds of his discretion".

  Keywords:

  contract; different appraisals; discretion; duration of appointment; executive head; extension of contract; non-renewal of contract; proportionality; staff member's interest; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 1616

  
  82nd Session, 1997
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The mere remittance of pay does not meet the requirement of notice "unless the parties to the contract of service agree that the employee should not work out the period of notice or the Organisation puts him on special leave during that period. Failing those exceptions the employee must be given actual notice so that he may make proper arrangements for leaving and possibly look for another job. It is inadmissible that any official, let alone an established one, should be told of dismissal on the very day on which it takes effect and left to his own devices without further ado."

  Keywords:

  compensatory allowance; contract; effect; exception; notice; organisation's duties; permanent appointment; purpose; special leave; staff member's interest; termination of employment;
  

  
  
  

• Judgment 1610

  
  82nd Session, 1997
  World Customs Organization (Customs Co-operation Council)
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  "In a case of non-renewal the Tribunal will be especially cautious in reviewing any appraisal by a supervisor of the staff member's performance: the supervisor has the technical background and the knowledge of the staff member's work and personality that qualify him better than anyone else to advise the head of the Secretariat on that score. Some appraisals of the complainant's performance are not good." Others are more positive, though not unreservedly. "Though she does produce letters of commendation from several quarters, it is not for the Tribunal to choose between conflicting assessments: it is the executive authority that has discretion to do so."

  Keywords:

  contract; different appraisals; discretion; executive head; fixed-term; judicial review; limits; non-renewal of contract; qualifications; supervisor; work appraisal;
  

  Consideration 24

  Extract:

  "Career prospects are not something that exist independently. If the refusal of renewal is lawful, so is the ending of the career."

  Keywords:

  career; contract; fixed-term; international civil service principles; legitimate expectation; non-renewal of contract; separation from service;
  

  
  
  

• Judgment 1596

  
  82nd Session, 1997
  European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 25-26

  Extract:

  "The Tribunal is satisfied on the evidence that the Association calculated the extensions of the complainants' appointments so as to make the dates of expiry and of abolition of their posts coincide and to avoid paying them the [terminal] indemnities in accordance with Regulation 12.5(c). [...] EFTA was not free to manipulate renewal so as to avoid the payment of the indemnity where, if the normal pattern had been followed, the indemnity would have been payable. EFTA must therefore pay the complainants termination indemnities to be reckoned according to length of service as provided in Regulation 12.5."

  Reference(s)

  Organization rules reference: EFTA STAFF REGULATION 12.5
  
  

  Keywords:

  abolition of post; contract; due process; extension of contract; separation from service; terminal entitlements;
  

  
  
  

• Judgment 1583

  
  82nd Session, 1997
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6(a)

  Extract:

  "An organisation may not in good faith end someone's appointment for poor performance without first warning him and giving him an opportunity to do better. The warning need not contain express mention of the risk of termination if performance does not improve: the risk is implied. Nor need any later shortcomings be the same as those that prompted the warning: it suffices that the official understood that his performance as a whole must improve".

  Reference(s)

  ILOAT Judgment(s): 1546
  

  Keywords:

  contract; formal requirements; good faith; non-renewal of contract; organisation's duties; termination of employment; unsatisfactory service; warning;
  

  
  
  

• Judgment 1560

  
  81st Session, 1996
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The complainant had a temporary appointment. The Staff Regulations and Rules distinguish such an appointment both from a permanent and a fixed-term one and from a traineeship and supernumerary employment. It differs in particular from a fixed-term appointment in that it is expected from the outset to be a fairly short stint, with no more than a few brief extensions, whereas the fixed-term appointment is commonly extended and may even afford the basis of a career in the Organization".

  Reference(s)

  Organization rules reference: UNESCO STAFF RULE 104.8
  ILOAT Judgment(s): 444, 1116
  

  Keywords:

  career; contract; definition; difference; duration of appointment; fixed-term; short-term; staff regulations and rules; successive contracts;
  

  
  
  

• Judgment 1554

  
  81st Session, 1996
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "The complainant is wrong in contending that for challenging the non-renewal of his contract the time limit of ninety days was somehow held over because of a connexion with his application for a post. His complaint shows two distinct elements: the non-renewal of his contract on 31 January 1994 and his unsuccessful application for a post in April 1994. His failure to file a complaint with the Tribunal within ninety days of 31 January 1994 means that any claim in relation to his contract is time-barred. As for his application for a post, by the time he made it he was no longer an employee of the Organisation. Since an outside candidate for employment does not have access to the Tribunal his complaint is irreceivable in that regard as well."

  Reference(s)

  ILOAT reference: ARTICLE VII OF THE STATUTE
  
  

  Keywords:

  candidate; competition; complainant; contract; external candidate; locus standi; non-renewal of contract; ratione personae; receivability of the complaint; status of complainant; time bar; time limit;
  

  
  
  

• Judgment 1548

  
  81st Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 21

  Extract:

  The grounds for non-renewal being deterioration from 1990 in the complainant's performance and conduct, "the burden is on the Organization to show that its decision rested upon proper appraisal of the complainant's performance. [...] All the reports up to September 1990 having been satisfactory, the Organization's failure to have proper appraisal reports made since then is a flaw in the decision."

  Keywords:

  breach; burden of proof; conduct; contract; decision; different appraisals; flaw; non-renewal of contract; organisation's duties; performance report; period; procedural flaw; rating; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 1546

  
  81st Session, 1996
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  "The conclusion is that he had quite sufficient warning [two written warnings in addition to oral warnings and written comments on the quality of his work] about shortcomings in his performance and the risk of non-renewal. So it is immaterial whether the earlier criticisms are the same as those on which the decision rests. Furthermore, although the Organization's warning was sufficient, it was at liberty to cite prior incidents as well."

  Keywords:

  conduct; contract; discretion; fixed-term; grounds; non-renewal of contract; unsatisfactory service; warning;
  

  
  
  

• Judgment 1544

  
  81st Session, 1996
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "A firm line of precedent has it that though a fixed-term appointment ends automatically at the scheduled date of expiry the staff member must be told of the true grounds for non-renewal and given reasonable notice of it even if the contract does not expressly so require."

  Keywords:

  case law; contract; date of notification; duty to substantiate decision; fixed-term; grounds; non-renewal of contract; notice; organisation's duties;
  

  Consideration 14

  Extract:

  "Reinstatement would not be appropriate in the circumstances of the case. The complainant's appointment was limited to service in Zimbabwe. From the beginning of 1993 she knew that relations with her first-level supervisor were so unsatisfactory that she could not continue to serve in that country; indeed she herself had made several requests for transfer. She could have had no expectancy of renewal of her appointment in Zimbabwe. She is, however, entitled to damages for the material and moral injury she suffered on account of the premature termination of her appointment and the failure to give her due notice of non-renewal."

  Keywords:

  contract; due process; fixed-term; non-renewal of contract; notice; organisation's duties;
  

  
  
  

• Judgment 1542

  
  81st Session, 1996
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "A complaint is receivable only if it is about an individual official's status as an employee of the organisation, not about the collective interests of trade unionists." Insofar as the present complaint purports to be made on behalf of a trade union it is irreceivable.

  Keywords:

  cause of action; competence of tribunal; complainant; complaint; contract; locus standi; receivability of the complaint; staff representative; staff union; status of complainant;
  

  
  
  

• Judgment 1539

  
  81st Session, 1996
  European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "Since the complainant was in Switzerland at the time of recruitment she was not locally recruited for employment at the Brussels Office. It is true that the Association was free to incorporate in the letters of appointment a clause saying that she was nevertheless deemed to have local status. [...] For want of a clause expressly prescribing local status the presumption is that the parties did not agree that she should have such status. The conclusion is that the contracts, read together with the Staff Regulations, set out all the terms and conditions of employment, which conferred non-local status on the complainant and gave the association no right or power to treat her as having any other. And even if there was doubt on that score it was the association, which was the source of all the relevant documents, that had the duty to resolve it."

  Keywords:

  complainant; contract; duty station; intention of parties; local status; non-local status; offer; organisation's duties; place of origin; staff regulations and rules; status of complainant; terms of appointment;
  

  Consideration 13

  Extract:

  "Inasmuch as the letters of appointment say nothing of 'local' or 'non-local' status, the Tribunal will treat the facts of the case as decisive. A contractual provision on status would be necessary only if the matter were uncertain or if the parties had agreed that she should have a status different to the status that the facts determine. Since such agreement would involve a waiver by the complainant of her rights of non-local status, it may not be presumed in the absence of clear evidence of such waiver."

  Keywords:

  appraisal of evidence; contract; evidence; intention of parties; local status; non-local status; place of origin; status of complainant; terms of appointment;
  

  Consideration 12

  Extract:

  "The material issue is not what the complainant believed her status to be. Whatever she may have believed is immaterial to the meaning and effect of her contract. Her contract implicitly gave her non-local status".

  Keywords:

  contract; local status; non-local status; status of complainant;
  

  
  
  

• Judgment 1526

  
  81st Session, 1996
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "An organisation owes its staff a general duty of care, and must not cause them undue hardship. A case of non-renewal is no exception. The duty may entail avoidance or reduction of injury that termination may cause [...] at least when it was not a short-term appointment, when the record of service was long, and when the official had reasonable expectations of making a career in the organisation."

  Keywords:

  career; contract; duration of appointment; general principle; injury; legitimate expectation; moral injury; non-renewal of contract; official; organisation's duties; respect for dignity; short-term;
  

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