Duration of appointment (316, 317, 318, 319, 320, 321, 322, 323,-666)

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Keywords: Duration of appointment
Total judgments found: 48

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• Judgment 505

  
  48th Session, 1982
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "The complainant contends that her short-term appointments were tainted with irregularity on the grounds that her duties were of a lasting nature. The [organization] argues convincingly, however, that the duties attributed to the complainant [...] were of a kind normally performed by temporary staff. [...] The Appeals Committee was therefore right in rejecting the arguments she bases on the duration of her appointments. the tribunal need not consider the [organization's] contention that it enjoys complete discretion in giving short-term appointments to general service category staff."

  Keywords:

  contract; duration of appointment; flaw; post; short-term; successive contracts;
  

  
  
  

• Judgment 444

  
  46th Session, 1981
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  Assurances were allegedly given that the complainant's temporary contract would be replaced by a fixed-term contract. This was done later than expected and the complainant suffered some financial loss. However, he does not prove that the assurance he allegedly received was anything more than an expression of hope and belief.

  Keywords:

  administrative delay; amendment to the rules; burden of proof; contract; duration of appointment; fixed-term; lack of evidence; promise; short-term;
  

  
  
  

• Judgment 431

  
  45th Session, 1980
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The complainant relies on a practice whereby inspectors who have given satisfactory service for two years would normally have their appointments renewed for five-year periods. "That is only a general practice [...] not a binding rule. In other words, it neither laid any obligation on the Director-General in this case nor conferred any right on the complainant."

  Keywords:

  amendment to the rules; binding character; contract; duration of appointment; extension of contract; five-year review; fixed-term; practice;
  

  
  
  

• 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 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;
  

  
  
  

• Judgment 402

  
  43rd Session, 1980
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  As to loss of earning capacity on account of long-term invalidity, "there is no general principle by which compensation is restricted to the period of the employee's contract with the employer who is liable. It is quite usual for persons of pensionable age to seek further employment and there is no reason why a loss of earning capacity should not apply to that."

  Keywords:

  compensation; duration of appointment; incapacity; invalidity; material damages; period; professional accident; retirement; service-incurred;
  

  
  
  

• Judgment 245

  
  33rd Session, 1974
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The complainant cannot properly take the [organisation] to task for appointing him without informing him of its general practice of not granting fixed-term appointments of more than five years' duration. It may of course be regrettable that he was not informed at the outset of that restriction, as new staff members [...] apparently now are. But since he should have expected his appointment to be terminated [...] he cannot found any claim on the omission which he attributes to [the organisation]."

  Keywords:

  contract; contributory service; duration of appointment; duty to inform; fixed-term; forfeiture of benefit; limits; negligence; non-renewal of contract; organisation;
  

  Consideration 5

  Extract:

  "[B]y limiting the period of the complainant's service to five years the Director-General would not have departed from the practice of regarding only appointments of more than five years as permanent."

  Keywords:

  contract; duration of appointment; fixed-term; limits; permanent appointment; practice;
  

  
  
  

• Judgment 115

  
  18th Session, 1967
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "[The] complainant's transfer, which involved no reduction in her salary, did not affect the nature of her appointment. In spite of her assignment to a temporary post, she continued to enjoy all the rights resulting from her appointment as a permanent staff member of the Organization. It follows that the [transfer] decision is not tainted by illegality."

  Keywords:

  amendment to the rules; assignment; duration of appointment; effect; permanent appointment; salary; short-term; terms of appointment; transfer;
  

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