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
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 | next >
Judgment 1525
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Consulting an advisory board before the Director-General takes a decision not to extend an appointment "is no idle formality: it is supposed to afford a means of working out a fair solution. In this case it offered the hope of redeploying someone with a long record of service.Several judgments have stressed the importance of advisory boards: see for example Judgment 352 [...], under 5."
Reference(s)
ILOAT Judgment(s): 352
Keywords:
advisory body; advisory opinion; contract; decision; non-renewal of contract; organisation's interest; patere legem; procedure before the tribunal; purpose; staff member's interest;
Consideration 4
Extract:
The Director-General took a premature decision not to renew the complainant's appointment. The Tribunal holds that "for want of a valid decision to terminate his appointment, the contract between the complainant and the organization is still in force and he is entitled to payment of salary and allowances as from the purported date of termination. UNESCO must also decide whether to reinstate him. In view of his seniority his appointment would not have been bound to end if due process had been observed. In deciding whether or not to renew his contract the organization must comply with any procedural and substantive rules that are material."
Keywords:
advisory body; advisory opinion; consequence; contract; extension of contract; flaw; non-renewal of contract; procedural flaw; reinstatement;
Judgment 1510
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"An international civil servant may not ordinarily impugn a general rule that does not affect himself. Yet he may challenge any individual decision that does him injury; in so doing he may support his claims with any plea he likes; and he may thus plead breach of some general principle or of a written rule or clause of his contract that constitutes a term of appointment." The complainants are "just as free to plead flaws in the material rules as any mistakes of law or fact in assessing the peculiarities of their own position."
Keywords:
breach; cause of action; complaint; contract; general decision; general principle; individual decision; receivability of the complaint; terms of appointment;
Judgment 1509
81st Session, 1996
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
When the complainant lodged a claim to reinstatement "he was neither a serving nor a former official of UNIDO, to which he was no more than an outside applicant for employment and whose decision was in fact a refusal to recruit him. That decision raises no question of non-observance of the terms of appointment of an official of UNIDO, or of its Staff Regulations. So again the Tribunal may not entertain the claim."
Keywords:
appointment; breach; candidate; competence of tribunal; competition; complainant; contract; external candidate; locus standi; official; refusal; reinstatement; staff regulations and rules; status of complainant;
Consideration 13
Extract:
"The fact that UNIDO was administering the [joint UN and UNIDO service in which the complainant was working] made neither the complainant one of its officials nor the organization a party to the contract of employment. According to his letters of appointment the complainant was subject to the Staff Regulations and Staff Rules of the United Nations, not of UNIDO. And even if in administering the service UNIDO did apply its own Staff Regulations to the complainant he did not on that account become a member of its staff. So any complaint by him that UNDO failed to apply, or misapplied, its Staff Regulations to him is not within the Tribunal's competence."
Reference(s)
ILOAT reference: ARTICLE 11 OF THE STATUTE
Keywords:
applicable law; competence of tribunal; contract; iloat statute; locus standi; non official; official; rule of another organisation; staff regulations and rules; status of complainant;
Consideration 12
Extract:
"Article II(5) empowers the Tribunal to hear a complaint which an official of an international organisation that has duly recognised its jurisdiction has filed and which alleges non-observance of either the terms of the official's appointment or the Staff Regulations. As the Tribunal said in Judgment 231 [...], those are 'two conditions which in practice coincide'. The reference to 'Staff Regulations' means those of the organisation of which a complainant is or was an official and does not include the Staff Regulations of any other."
Reference(s)
ILOAT reference: ARTICLE II(5) OF THE STATUTE
ILOAT Judgment(s): 231
Keywords:
applicable law; breach; case law; competence of tribunal; contract; declaration of recognition; iloat statute; locus standi; official; rule of another organisation; staff regulations and rules; status of complainant;
Consideration 11
Extract:
The complainant was assigned to a joint service of the United Nations and UNIDO at Vienna. The service was under UNIDO management. But "it was the United Nations that offered him both the appointments which he had while he was at Vienna, and it was to the United Nations that he addressed his acceptance of each offer, thereby concluding a contract of employment with the UN. Indeed that is why he addressed his letter of resignation to the Secretary-General of the UN. True, he addressed it to the Director-General of UNIDO as well, but that was merely in recognition of UNIDO's supervision of his work and did not mean that the un had ceased to be his employer. In sum, he was an official, not of UNIDO, but of the UN."
Keywords:
acceptance; appointment; complainant; contract; offer; official; organisation; resignation;
Judgment 1494
80th Session, 1996
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Though the Tribunal held in [Judgment 938 under] 12 that 'a staff member cannot be separated while on sick leave', the ruling must be seen in context: it cannot apply to termination in any circumstances whatever. [...] In [that] case the defendant organisation had dismissed [a staff member] at a time when she said she was ill and had applied for sick leave. The Organisation refused to grant her the leave on the grounds that she was not ill."
Reference(s)
ILOAT Judgment(s): 938
Keywords:
case law; contract; extension of contract; illness; international civil service principles; interpretation; non-renewal of contract; sick leave; social benefits; staff regulations and rules;
Consideration 6
Extract:
"The judgments [607 and 938 that the complainant] relies on must not be read out of context. The Tribunal was not ruling therein that someone who falls ill towards the end of his appointment should, whatever the circumstances, be entitled to sick leave, to the consequent extension beyond the date of expiry and to pay for the same term. Indeed it ruled out the idea of such extension in Judgment 157 [...]."
Reference(s)
ILOAT Judgment(s): 157, 607, 938
Keywords:
case law; contract; extension of contract; illness; non-renewal of contract; salary; sick leave; staff regulations and rules;
Consideration 7
Extract:
"Whether sick leave is to be extended beyond the date of expiry of an appointment is a question to be seen first and foremost in the light of the social protection afforded by an organisation's rules, which are to be construed according to the law of the international civil service."
Keywords:
case law; contract; international civil service principles; interpretation; sick leave; social benefits; staff regulations and rules;
Consideration 8
Extract:
"In such circumstances, where the staff member's appointment expires and he decides, when still well, not to carry on, and where he has adequate social protection against illness and invalidity, there are no social grounds [...] for granting him sick leave after the expiry of his appointment."
Keywords:
contract; sick leave; social benefits;
Judgment 1451
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"The Tribunal concurs fully with what the Union says about the legal process it chose to follow in setting up its provident scheme [under municipal law]. It is true that other such schemes have been set up under international law and that the Tribunal has generally preferred that any dispute it may hear be resolved by the rules of the international civil service. But it has also been at pains to except any case in which there is express renvoi to municipal law in an organisation's rules or in the terms of appointment: for recent examples see Judgments 1311 and 1369, both under 15."
Reference(s)
ILOAT Judgment(s): 1311, 1369
Keywords:
applicable law; case law; contract; domestic law; provident fund; staff regulations and rules;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"However municipal law on the grant of fixed-term contracts may vary from country to country, the fact is that in the international civil service such contracts are common and the policy is seen as a proper and even necessary method of administration. So the EPO acted unimpeachably in resorting to fixed-term contracts to get auxiliary work done and so ease the undue rigidity of its staff structure."
Keywords:
contract; domestic law; duration of appointment; fixed-term; international civil service principles; organisation's interest; practice;
Consideration 23
Extract:
"[E]specially when there is not full employment, the decision not to renew a contract on expiry may cause hardship. But that is why, in keeping with precedent, the Tribunal will in each case look to the circumstances in which the decision not to renew or not to convert to permanent appointment may have come about."
Keywords:
case law; contract; fixed-term; judicial review; non-renewal of contract; permanent appointment;
Consideration 24
Extract:
"The organisation is free to make whatever use it wishes of the possibility of granting fixed-term contracts. The Tribunal will not interfere in the exercise of such discretion. So there is another issue that it will not entertain, namely whether [...] the complainants' duties were permanent or temporary. Whether duties are permanent or not will depend not just on the sort of work to be done but also on the organisation's own shifting requirements."
Keywords:
contract; discretion; duration of appointment; fixed-term; judicial review; organisation's interest; post description;
Consideration 25
Extract:
The complainants "quite wittingly consented [...] to the contracts of service they were offered and were aware that, being for a fixed term ,the contracts could not run beyond the period of two years they set. [They may not] object a posteriori to an essential term of the contract, viz. its duration, in an attempt to have it converted to a permanent appointment. They have adduced not a jot of evidence to suggest that the organisation acted in any but its own legitimate interests either when the contracts were made out or when they came to an end."
Keywords:
abuse of power; acceptance; contract; duration of appointment; evidence; fixed-term; lack of evidence; misuse of authority; permanent appointment; terms of appointment;
Consideration 19
Extract:
"The Tribunal has never ruled out municipal law a priori. Although it is ordinarily and essentially competent in a context of international law, it may well have to heed some provisions of municipal law where, as indeed in this case, there is renvoi to such law in a contract of service or in an organisation's rules. Precedent further has it that there may be reference to municipal law for the sake of comparison and so as to educe certain general principles of law that apply to the international civil service."
Keywords:
applicable law; case law; contract; domestic law; general principle; international civil service principles; staff regulations and rules; tribunal;
Judgment 1446
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The precedents have it that a right is 'acquired' when someone who has it may, because of its fundamental importance to the balance of rights and duties that define the relationship of employment, demand that it be respected not withstanding any amendment to the rules: see Judgments 61, 368 [...], 832, 986 [...] and, under 6, 1330 [...]."
Reference(s)
ILOAT Judgment(s): 61, 368, 832, 986, 1330
Keywords:
acquired right; amendment to the rules; case law; condition; contract; staff regulations and rules; terms of appointment;
Considerations 16-17
Extract:
The material issue is whether abolition of the entitlement to a step increase for long service infringed an acquired right by interfering with a fundamental term of service that led the complainants to accept employment. "The Tribunal holds that the prospect of increases in emoluments after 20, 25, 30 and 35 years of satisfactory service was too remote to influence seriously the mind of the ordinary applicant in deciding to accept appointment [within the organization]".
Keywords:
acceptance; acquired right; amendment to the rules; complainant; contract; increment; satisfactory service; seniority; staff regulations and rules; terms of appointment;
Judgment 1444
79th Session, 1995
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Termination of an appointment is a discretionary decision which the Tribunal will set aside only on limited grounds".
Keywords:
contract; discretion; executive head; judicial review; non-renewal of contract; separation from service;
Judgment 1441
79th Session, 1995
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The complainant held a fixed-term appointment. His proven shortcomings and misconduct were undoubtedly such that the organization might have refused without further ado to extend his appointment. As the Tribunal has always acknowledged, an organisation has discretion in the matter and, as many rulings bear out, it may refuse renewal on grounds of unsatisfactory performance or misconduct: for a recent example see Judgment 1405."
Reference(s)
ILOAT Judgment(s): 1405
Keywords:
case law; contract; discretion; fixed-term; misconduct; non-renewal of contract; unsatisfactory service;
Judgment 1432
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Some days before the expiry of her contract the complainant's doctor prescribed a medical certificate for one month's sick leave. The complainant invokes Judgment 932 [...] which states that "a staff member cannot be separated while on sick leave" and argues that her appointment was prolonged for the duration of the sick leave. The Tribunal holds that "the effect was not to postpone the scheduled date of expiry of her contract. The fact is that she was not treated as having been on sick leave [during the period preceding the expiry of her contract]. So Judgment 938 [...] does not support her case."
Reference(s)
ILOAT Judgment(s): 938
Keywords:
case law; contract; non-renewal of contract; separation from service; sick leave;
Consideration 8
Extract:
"The Tribunal is satisfied that even though there was no formal written agreement between the organization and the complainant all the conditions that the case-law requires were met for the existence of a legally binding contract." The Tribunal recites the circumstances which allowed it to arrive at this conclusion.
Keywords:
case law; condition; contract; definition;
Consideration 12
Extract:
"It is immaterial to the fact of recruitment that the decision to recruit her may have been taken ultra vires. [...] The organization must bear the consequences of any decision taken by someone it has itself appointed for the purpose".
Keywords:
appointment; contract; decision; decision-maker; lack of consent; liability; organisation; organisation's duties;
Consideration 12
Extract:
It is immaterial to the fact of recruitment that the decision to recruit her [...] may not have followed the necessary formalities. [...] The lack of prior medical clearance for the new post does not amount to a fatal flaw in the mutual agreement between the WHO's agents and the complainant."
Keywords:
appointment; contract; lack of consent; medical examination;
Consideration 14
Extract:
The organization wrongly told the complainant that she was not under contract after reassigning her to a post in the field following a break in service. The Tribunal concludes that the complainant had been reemployed by the organization and that "on account of [its] attitude towards her she has sustained moral injury over and above the [material] injury [that she sustained]".
Keywords:
contract; material injury; moral injury; organisation's duties;
Judgment 1425
79th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The judgment on which the complainant relies, "restored her contractual rights by quashing the unlawful dismissal. But it did not confer on her any rights beyond those she derived from her contract. Since the contract was for a fixed term CERN had no duty either to convert it into a permanent one or to extend it until she was fit to go back to work."
Keywords:
contract; execution of judgment; fixed-term; judgment of the tribunal; organisation's duties; reinstatement; termination of employment;
Consideration 12
Extract:
The complainant argues that an international official who is unfit for work may be dismissed only for reasons of health. "That is beside the point because hers is not a case of dismissal. What happened was that [...] CERN refused to renew her appointment".
Keywords:
complainant; contract; health reasons; incapacity; non-renewal of contract; separation from service; sick leave; termination of employment; termination of employment for health reasons;
Judgment 1418
78th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"According to the case law a decision not to renew a staff member's appointment is discretionary and will be set aside only if taken without authority or in breach of a rule of form or of procedure, or if based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority. Those criteria hold good for any discretionary decision, but in reviewing a decision not to confirm the appointment of a probationer the Tribunal will be particularly cautious; otherwise probation would fail to serve as a period of trial."
Keywords:
case law; contract; discretion; judicial review; limits; non-renewal of contract; probationary period; purpose;
Judgment 1406
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant may not validly argue that she held a contract with the organization. Although she and various officers of the WHO did sign a proposal to extend her contract, it "was never approved by the competent officers; besides, it did not purport to be a decision and was not binding upon the WHO. So there is no valid basis in law for the rights she is claiming from the organization."
Keywords:
binding character; contract; decision; effect; non-renewal of contract; proposal;
Consideration 11
Extract:
"The Tribunal dismisses [the complainant's] claims to reinstatement or payment of two years' salary and to further moral damages to cover the injury to her future financial prospects since there was nothing unlawful in the WHO's refusal to reinstate her or extend her appointment."
Keywords:
claim; contract; good faith; material damages; moral injury; non-renewal of contract; organisation's duties; reinstatement;
Judgment 1405
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Disciplinary proceedings, and the safeguards they afford, are relevant in the event of misconduct warranting disciplinary action while an official is under contract, and one possible sanction is termination of the appointment, whatever its duration may be. Disciplinary proceedings do not apply in the event of due expiry of a fixed-term appointment, when the issue is whether in the light ofpast performance the contract should be renewed. An organisation must be allowed full freedom to decide the issue without having to go through the disciplinary procedure."
Keywords:
consequence; contract; disciplinary measure; disciplinary procedure; discretion; fixed-term; misconduct; non-renewal of contract; organisation's interest; safeguard;
Consideration 4
Extract:
"Precedent acknowledges an organisation's wide discretion in renewing a fixed-term appointment and its right to refuse renewal for reasons that include misconduct and unsatisfactory performance".
Keywords:
case law; contract; discretion; fixed-term; misconduct; non-renewal of contract; unsatisfactory service;
Consideration 3
Extract:
The complainant was charged with unsuitability for the international civil service and the Organization decided not to renew his appointment. "The WHO's reasons for not renewing his appointment might have warranted disciplinary proceedings [...]. Though in no way bound to take disciplinary action against him, it was of course free to take into account any evidence of behaviour that led it to believe - as it does - that he was unfit for international service."
Keywords:
conduct; contract; disciplinary procedure; fitness for international civil service; grounds; non-renewal of contract; organisation's interest; staff member's duties;
Consideration 6
Extract:
"Since disciplinary proceedings are irrelevant to non-renewal of a fixed term appointment, the complainant may not properly allege hidden disciplinary action."
Keywords:
contract; disciplinary measure; disciplinary procedure; fixed-term; hidden disciplinary measure; non-renewal of contract;
Judgment 1403
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"An entitlement that Staff Regulations or Rules provide for need not be stated in the contract of employment."
Keywords:
contract; right; staff regulations and rules;
Judgment 1396
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant objects to the grade she got when she took up her appointment. The Tribunal observes that the vacancy notice stated that the post could be filled at that grade. "She accepted the offer, before being actually appointed, both by her answer to [the organisation's offer] and by signing the letter of appointment. She thereby surrendered her right to challenge ex post facto any clause of the contract of service which she freely consented to and which was the prerequisite of her becoming a Eurocontrol official.
Keywords:
acceptance; appointment; competition; contract; grade; offer; vacancy notice;
Judgment 1386
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
Consistent precedent has it "that the administrative authority has the widest measure of discretion in confirming the appointment of a probationer (see Judgments 503, [...] under 2; 687, [...] under 2; 1052, [...] under 4; and 1161, [...] under 4). The purpose of such discretion is to ensure that the organisation may choose staff in full freedom and independence and in so doing it will assess the imponderable aspects of the probationer's personality, which must pose no threat to the harmony of staff relations. Here the Tribunal will not intervene in the administration's choice except in the event of abuse of authority or a clear mistake of law or of fact."
Reference(s)
ILOAT Judgment(s): 503, 687, 1052, 1161
Keywords:
case law; contract; criteria; discretion; judicial review; official; organisation's interest; permanent appointment; probationary period; working relations;
Judgment 1385
78th Session, 1995
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
The complainant had his short-term appointment extended after a break during which he had an external collaboration contract. Under Rule 3.5 of the short-term rules whenever the appointment of a short-term official is extended by a period of less than one year so that the total continuous contractual service amounts to one year or more, the terms and conditions of a fixed-term appointment - with certain exceptions - apply. "The interruption of the complainant's appointment by the external collaboration contract was merely a device to deny him the protection of Rule 3.5 without forfeiting the benefit of his services. There being no change in the actual conditions of employment, the real intention was that he should continue to do the same work as before. [...] The external collaboration contract must be treated like any other of his short-term contracts that ensured continuity of service. So his 'total continuous contractual service' [exceeded one year] and he thus became entitled [...] to 'the terms and conditions of a fixed-term appointment'."
Reference(s)
Organization rules reference: ILO SHORT-TERM RULE 3.5
Keywords:
contract; duration of appointment; enforcement; extension of contract; external collaborator; fixed-term; intention of parties; interpretation; non-renewal of contract; short-term; staff regulations and rules; successive contracts;
Consideration 12
Extract:
"As the Tribunal held in Judgment 701, under 5: 'the function of a court of law is to interpret and apply a contract in accordance with the intention of the parties.'"
Reference(s)
ILOAT Judgment(s): 701
Keywords:
case law; contract; enforcement; intention of parties; interpretation;
Judgment 1384
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant was accused of removing computer equipment from the work place. The organization accordingly decided not to renew his fixed-term appointment. After carrying out an inquiry, the regional director submitted a first report which "showed that there was at most mere suspicion that the complainant might have been involved. There was no basis on which the organization could contend that the charge of theft had been satisfactorily proved. What it did in effect was to reverse the burden of proof by expecting the complainant to show that hisconduct was 'spotless'."
Keywords:
burden of proof; conduct; contract; evidence; fixed-term; inquiry; investigation; lack of evidence; misconduct; non-renewal of contract; presumption of innocence;
Consideration 16
Extract:
The complainant was accused of removing computer equipment from the work place. For that reason the organization decided not to renew his fixed-term appointment. "The decision not to renew the complainant's contract was based on loss of confidence consequent upon the finding of misconduct. That finding was based on an error of law as to the burden of proof; rules of procedure relating to the right of defence were seriously violated; essential facts were not taken into consideration; and clearly mistaken conclusions were drawn from the facts. so the finding cannot stand, and the plea of loss of confidence which the organization based thereon must be rejected."
Keywords:
breach; burden of proof; conduct; contract; disregard of essential fact; evidence; fixed-term; misconduct; mistaken conclusion; non-renewal of contract; right to reply;
Consideration 17
Extract:
The complainant was charged with removing computer equipment from the work place but no evidence of theft was ever produced. "The decision not to renew his contract, based as it was on a finding of theft, must have seriously harmed his moral and social standing and his prospects of finding other employment."
Keywords:
contract; fixed-term; misconduct; moral injury; non-renewal of contract; professional injury;
Consideration 18
Extract:
The complainant was accused of stealing computer equipment but no formal proof of this was ever given. The organization decided not to renew his fixed-term appointment on grounds of theft. The Tribunal holds that the complainant "must be put in the same position as if his contract had never terminated and be reinstated as from the date of termination up to the date of this judgment. Since his performance was good he should be granted any within-grade salary increases he would ordinarily have been entitled to. Although any indemnities or earnings from employment after termination may be deducted from the amounts due, he is entitled to the payment of interest on all arrears of pay at the rate of 8 per cent a year from the dates at which each component sum fell due. [...] He is to be granted an appointment for a period of two years starting at the date of delivery of this judgment."
Keywords:
compensation; contract; date; fixed-term; increment; interest on damages; non-renewal of contract; procedural flaw; professional injury; reckoning; reconstruction of career; reinstatement;
Consideration 15
Extract:
The complainant was accused of removing computer equipment from the work place. For that reason the organization did not renew his fixed-term contract. "There were many flaws in the procedure that the organization followed. It did not allow the complainant to be present when statements were taken from the witnesses or to question them. [...] Not only was he denied access to their statements but even their identity was concealed from him. [...] No verbatim record of the statements by the witnesses was ever produced." He never got to see the results of the investigation carried out into the matter and he was not given an opportunity to put forward any arguments in his favour. "The conclusion is that he was denied his right to defend himself before an adverse decision was taken [...]. The complainant's right of defence was seriously prejudiced."
Keywords:
conduct; contract; due process; fixed-term; flaw; inquiry; investigation; misconduct; non-renewal of contract; procedural flaw; right to reply;
Consideration 9
Extract:
"As the Tribunal has consistently affirmed - more recently, for example, in Judgment 1317 [...], under 24 and 28 - an organisation is required to give a reason for [the] non-renewal [of a fixed-term appointment]".
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
case law; contract; decision; duty to substantiate decision; fixed-term; non-renewal of contract;
Consideration 18
Extract:
The organization accused the complainant of removing computer equipment from the work place. It decided not to renew his fixed-term appointment on the grounds of theft. "The damage to the complainant's career and reputation is so grave that nothing short of reinstatement and the grant of a further contract of employment will suffice."
Keywords:
compensation; contract; fixed-term; moral injury; non-renewal of contract; professional injury; reinstatement;
Judgment 1381
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 18 and 20
Extract:
During a staff meeting the complainant spoke out on issues of a personal nature. Although he then heeded an order not to raise personal matters at staff meetings, "his subsequent remarks show some defiance, even if they were not intended to threaten; by circulating the text of his statement to the staff he thwarted that ruling; and the language he used in it, and his refusal to withdraw it,only made matters worse. He was thereby guilty of misconduct likely to undermine the authority of his supervisors and to disrupt the functioning of the organization by embroiling other officials in personal disputes. [...] The organization was justified in deciding not to renew the complainant's appointment."
Keywords:
conduct; contract; fixed-term; insubordination; non-renewal of contract; organisation's interest; serious misconduct; staff member's duties;
Considerations 19-20
Extract:
"As to his suitability for the international civil service, the flow of documents between him and his supervisors on matters which could easily have been dealt with by discussion and dialogue shows a deterioration in his relationswith others at work, and for that he was at least partly to blame. The many notes for the record also indicate some lack of mutual respect and trust. He got a written reprimand [...] for ignoring normal channels of communication and for threatening to ask [his government] to make an official request to the organization, but even that did not deter him. His conduct fell below the standards expected of an international civil servant. The organization was justified in deciding not to renew the complainant's appointment."
Keywords:
censure; conduct; contract; disciplinary measure; fitness for international civil service; fixed-term; non-renewal of contract; serious misconduct; working relations;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 | next >
|
