Fixed-term (317, 318,-666)
You searched for:
Keywords: Fixed-term
Total judgments found: 292
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Judgment 3990
126th Session, 2018
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to terminate her fixed-term contract and to refuse to pay her the termination indemnity.
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; terminal entitlements; termination of employment;
Judgment 3950
125th Session, 2018
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew his fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; non-renewal of contract;
Judgment 3948
125th Session, 2018
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to renew her fixed-term contract.
Consideration 2
Extract:
The basic applicable principles where a decision not to renew a contract is challenged have been relevantly stated, for example, in Judgment 3586, considerations 6 and 10, as follows:
“6. It bears recalling at this juncture that the Tribunal’s scope of review in a case such as this is limited. Firm and consistent precedent has it that an organization enjoys wide discretion in deciding whether or not to extend a fixed-term appointment. The exercise of such discretion is subject to limited review because the Tribunal respects an organization’s freedom to determine its own requirements and the career prospects of staff (see, for example, Judgment 1349, under 11). The Tribunal will not substitute its own assessment for that of the organization. A decision in the exercise of this discretion may only be quashed or set aside for unlawfulness or illegality in the sense that it was taken in breach of a rule of form or procedure; or if it is based on an error of fact or of law, if some essential fact was overlooked; or if there was an abuse or misuse of authority; or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgments 3299, under 6, 2861, under 83, and 2850, under 6).
[...]
10. It is firm principle that the reason not to extend a fixed-term contract must be a valid one and not one that was given to conveniently get rid of a staff member (see, for example, Judgment 1154, under 4).”
Reference(s)
ILOAT Judgment(s): 3586
Keywords:
fixed-term; general principle; non-renewal of contract;
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; non-renewal of contract;
Judgment 3940
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish his post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; outsourcing;
Judgment 3932
125th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to renew her fixed-term appointment due to unsatisfactory performance.
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; non-renewal of contract; unsatisfactory service;
Judgment 3929
125th Session, 2018
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and to terminate her appointment while she was on sick leave.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; termination of employment;
Judgment 3922
125th Session, 2018
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to offer her a three-month renewal of her contract and to reject the claims she made with respect to her performance evaluation for 2012, the reclassification of her post, the length of her last contract and her allegations of harassment, retaliation and intimidation.
Consideration 21
Extract:
[T]he Tribunal recalls that it has consistently stated that the non-renewal of a fixed-term contract is discretionary and is subject to only limited review to respect the freedom of an international organization to determine its own staffing requirements and the career prospects of staff members. A person who is employed under such a contract does not, in principle, have a right to a contract extension. However, notwithstanding the discretionary nature of such a decision, it must be taken within the rules and guidelines of the organization and the Tribunal’s case law. Failing this, the decision would be set aside for legal or procedural irregularity (see, for example, Judgment 3257, under 7). The Tribunal has further stated that a valid reason and reasonable notice must be given for a decision not to renew a fixed-term contract (see Judgment 3838, under 6).
Reference(s)
ILOAT Judgment(s): 3257, 3838
Keywords:
discretion; fixed-term; non-renewal of contract;
Judgment 3920
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her fixed-term appointment pursuant to the abolition of her post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; fixed-term; termination of employment;
Judgment 3916
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his fixed-term appointment pursuant to the abolition of his post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; fixed-term; termination of employment;
Judgment 3914
125th Session, 2018
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew his project-based fixed-term contract.
Consideration 4
Extract:
It is settled principle in the Tribunal’s case law that a decision not to renew a fixed-term contract is within the discretion of the executive head of an international organization and that such a decision is subject to only limited review. Accordingly, the Tribunal has stated as follows in Judgment 3448, consideration 7:
“It is well established in the Tribunal’s case law that the non-renewal of a fixed-term contract is discretionary. Such a decision is subject to only limited review by the Tribunal, which respects the freedom of an international organization to determine its own staffing requirements and the career prospects of staff members. A person who is employed on a fixed-term contract does not have a right or a legitimate expectation to a contract extension. Accordingly, the Tribunal will not interfere with a decision not to extend such a contract unless the decision was made without authority, or in breach of a rule of [form or] procedure, or was based on a mistake of fact or of law, or overlooked some essential fact, or amounted to an abuse of authority.”
Reference(s)
ILOAT Judgment(s): 3448
Keywords:
fixed-term; non-renewal of contract;
Consideration 11
Extract:
It is convenient to re-state that the complainant held a fixed-term contract, albeit that it was subject to the Short-Term Staff Rules. The case law states that even where a staff rule or regulation provides that such a contract shall expire automatically and without prior notice on the given expiration date, that does not exempt an international organization from notifying a staff member of the non-renewal of her or his contract (see, for example, Judgment 675, under 9 to 11).
Reference(s)
ILOAT Judgment(s): 675
Keywords:
fixed-term; general principle; non-renewal of contract; notice;
Judgment 3909
125th Session, 2018
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of his temporary appointment.
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; non-renewal of contract;
Judgment 3908
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish his post and terminate his appointment.
Consideration 21
Extract:
The complainant’s appointment, but for the abolition of his post, was due to expire on 13 March 2017. In those circumstances it is inappropriate to order the complainant’s reinstatement. Nonetheless he is entitled to moral and material damages for the ICC’s failure in its duty of care towards him to take adequate steps to find him a new position on the abolition of his existing position and unlawfully terminating his employment.
Keywords:
fixed-term; material damages; reinstatement;
Judgment keywords
Keywords:
abolition of post; complaint allowed; fixed-term; termination of employment;
Judgment 3907
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; termination of employment;
Judgment 3904
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his fixed-term appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; termination of employment;
Judgment 3903
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his fixed-term appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; termination of employment;
Judgment 3900
125th Session, 2018
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her contract owing to the closure of the CDE and the terms and conditions of that termination.
Judgment keywords
Keywords:
abolition of post; closure of organisation; complaint allowed; fixed-term; termination of employment;
Judgment 3849
124th Session, 2017
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the non-renewal of his fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; late appeal; non-renewal of contract;
Judgment 3847
124th Session, 2017
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In both complaints, the complainant contests the non-renewal of her fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; non-renewal of contract;
Judgment 3840
124th Session, 2017
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew his fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; non-renewal of contract;
Judgment 3838
124th Session, 2017
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment.
Consideration 6
Extract:
It is a general principle of international civil service law that there must be a valid reason for the non-renewal of any contract, and the official must be informed of that reason explicitly in a decision against which she or he can appeal. This principle also applies to the non-renewal of a fixed-term appointment which, under the staff regulations or by agreement between the parties, ends automatically upon its expiry. This approach is justified by the fact that international organisations frequently resort to fixed-term contracts and the fact that the legitimate career expectations of those entering the service of these organisations would otherwise be denied.
It follows that an official who holds a fixed-term contract that automatically ends upon expiry must be informed of the true reasons for not renewing that contract and must receive reasonable notice thereof (see for example Judgments 1154, under 4, 1544, under 11, 1983, under 6, 3368, under 11, and 3582, under 11).
Reference(s)
ILOAT Judgment(s): 1154, 1544, 1983, 3368, 3582
Keywords:
fixed-term; general principle; non-renewal of contract;
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