Fixed-term (317, 318,-666)
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Keywords: Fixed-term
Total judgments found: 292
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Judgment 2107
92nd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant's claim that he should be considered as a fixed-term staff member cannot be sustained. The complainant was recruited as a short-term staff member, without having to go through a competition process; he accepted several contract renewals. It was within the discretionary authority of the Director-General to decide during the years that the complainant was with the organization whether to renew each short-term contract or offer him a fixed-term contract. There is no basis on which the complainant can claim to be treated retroactively as if he had a fixed-term contract. He was at all times a short-term staff member."
Keywords:
acceptance; appointment; claim; competition; complainant; contract; decision; discretion; executive head; fixed-term; non-retroactivity; official; participation; refusal; short-term; status of complainant; terms of appointment;
Judgment 2097
92nd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
Because of serious financial difficulties the organisation had to employ the complainants simultaneously under a fixed- term appointment at half-time and a short-term part-time appointment. After being restored to their full-time fixed-term status they complained about the rates of remuneration received by them under their short-term contracts. "The principle which guarantees equal remuneration for work of equal value [...] is designed to prevent discrimination by employers between employees and to ensure that persons performing different work of the same or similar value shall receive equal remuneration. The organization is right to submit that its most common application is to the classification or grading of jobs [...]. That principle was never intended to apply so as to give rise to a claim by an individual to be paid at the same rate for all work which he or she performs: differential rates for work performed under different conditions, such as overtime to take a common example, are not discriminatory. In the present case there is nothing improper in the who's paying lower rates to persons such as the complainants doing temporary work on a short-term basis."
Keywords:
amount; budgetary reasons; condition; contract; difference; enforcement; equal treatment; fixed-term; general principle; official; organisation; overtime; part-time employment; post classification; safeguard; salary; scale; short-term; status of complainant; terms of appointment;
Consideration 12
Extract:
The complainants worked simultaneously under a fixed-term appointment at half-time and a short-term part-time appointment. "While it is unusual to find an employee working simultaneously for a single employer under two different contracts of employment, there is nothing inherently illegal about such an arrangement."
Keywords:
contract; difference; exception; fixed-term; official; organisation; part-time employment; short-term; terms of appointment;
Judgment 2090
92nd Session, 2002
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organisation asserts that "Article 1010.1 allows it to terminate an appointment by giving one month's notice per year of service [...] The Tribunal observes that [...] 1010.1 may not be interpreted as authorising [the organisation] to terminate [fixed- term] contracts arbitrarily. Decisions of this kind must be based on unsatisfactory performance, or the interests of the service. Furthermore, there must be no breach of adversarial procedure nor any error of fact or of law, nor abuse of authority, nor obvious misappraisal of the facts."
Reference(s)
Organization rules reference: ARTICLE 1010.1 OF THE IFRC STAFF REGULATIONS
Keywords:
abuse of power; adversarial proceedings; bias; contract; due process; duty to substantiate decision; fixed-term; grounds; mistake of fact; mistaken conclusion; misuse of authority; notice; organisation's duties; organisation's interest; provision; staff regulations and rules; termination of employment; unsatisfactory service;
Judgment 2086
92nd Session, 2002
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In order to be awarded a personal promotion the complainant must have completed 18 years of continuous service under a fixed-term or permanent contract. "The [organisation] is arguing that [...] in determining whether the complainant fulfilled [such a] requirement [...] reference must be made to clauses of the contracts which came into force unopposed, [including] short-term contracts [...] The approach is too rigid [...] The issue was [not] one of applying or interpreting the complainant's early appointments [...] It is a matter of applying a rule which is currently in force and which concerns the legal nature of former contractual relationships between the parties. In other words, in the light of the current rule, what type of appointment did the early contracts establish? It should be noted that the name they were given will not necessarily express the actual relationship".
Keywords:
applicable law; condition; contract; criteria; definition; effective date; enforcement; fixed-term; interpretation; permanent appointment; personal promotion; provision; reckoning; short-term; working hours;
Judgment 2018
90th Session, 2001
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The decision not to confirm the complainant's appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract is quashed. "The complainant is entitled to be reinstated in his post or in one of an equivalent grade with full salary and benefits (including any salary increases which he would have received if he had not been terminated) to the end of his fixed-term appointment."
Keywords:
allowance; condition; contract; date; fixed-term; grade; increase; post; post held by the complainant; probationary period; reconstruction of career; refusal; reinstatement; right; salary; termination of employment;
Consideration 8
Extract:
The complainant's appointment was not confirmed after a probationary period and his employment was terminated before the expiry of his fixed-term contract. "The Tribunal finds that the Staff Regulations, Rules and Administrative Directives in force at the time do not contain specific provisions for the non-confirmation of fixed-term appointments during or at the end of a probationary period. The provisions relating to the termination of fixed-term appointments without probationary periods therefore apply."
Keywords:
administrative instruction; analogy; applicable law; contract; fixed-term; no provision; probationary period; refusal; staff regulations and rules; termination of employment; written rule;
Considerations 14-15
Extract:
The complainant attacks the decision not to confirm his appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract. "The Tribunal [...] notes that [...] the organisation's legal division advised the administration of the procedure to be followed in terminating the complainant's appointment. Specifically [...] the administration was advised of its obligation to set up a special advisory board to investigate the case and to report back to the Director-General. This advice, like the [...] findings of the Special Advisory Board, appear inexplicably to have been simply ignored by the Director-General. In the circumstances, the impugned decision [...] must be quashed."
Keywords:
advisory body; advisory opinion; contract; decision quashed; executive head; fixed-term; organisation's duties; probationary period; procedure before the tribunal; refusal; termination of employment;
Judgment 1938
88th Session, 2000
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant worked continuously for the organization for 17 years under various short term contracts - including contractual service agreements - after his fixed-term appointment as a staff member expired. "In practice he is seeking to obtain a revision of the whole of his career from 1976 to 1996. But he himself accepted the contractual conditions offered to him. He did not challenge the decision taken in 1979 not to renew his fixed-term appointment and not to convert it into a permanent appointment. Moreover, he offers no legally valid argument to challenge the way he has been treated since 1979. His claims must therefore be dismissed [...]."
Keywords:
complainant; contract; duration of appointment; external collaborator; fixed-term; locus standi; project personnel;
Judgment 1911
88th Session, 2000
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
"It is a general principle of the international civil service that there must be a valid reason for any decision not to renew a fixed-term contract and that the reason must be given to the staff member [...]. An official whose fixed-term contract is reaching expiry must be informed in a timely manner of the real reasons for the decision not to renew it [...]. In this case a mere reference to a letter sent to the complainant nearly two years previously cannot, in the absence of any other indication as to the real reasons for the decision to be taken, exempt the observatory from stating the grounds clearly."
Keywords:
contract; date; decision; duty to inform; duty to substantiate decision; fixed-term; general principle; grounds; international civil service principles; non-renewal of contract; organisation's duties; separation from service;
Judgment 1886
87th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9(2)
Extract:
"The fact of accepting the offer of a new contract of indefinite duration cannot deprive the complainant of the rights he acquired whilst he was in the service of the [organisation] under successive fixed-term contracts."
Keywords:
acquired right; continuance of operations; contract; fixed-term; offer; permanent appointment; successive contracts;
Judgment 1807
86th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The organisation submits that the contract signed by the complainant was a new contract, not an extension of the old one, since his status had shifted from "paid associate" to "international staff member". So he was not entitled to the protection of acquired rights bestowed by an internal memorandum. According to the Tribunal, "the contract which [the complainant] was offered [...] and which he signed [in October 1995] was not his first fixed-term contract, since he had begun at the [organisation] in 1991 under a fixed-term one that it had renewed more than once. nor was it a new, indefinite contract, since [...] his last contract was a fixed-term one for three years. Under his earlier contracts he was a staff member".
Keywords:
acquired right; contract; extension of contract; fixed-term; official; permanent appointment; successive contracts;
Judgment 1793
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Posts under field projects will as a rule fare as do the projects themselves. If the project is of limited duration, so too will be the post."
Keywords:
fixed-term; post; project personnel;
Judgment 1783
85th Session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"When the Tribunal quashes a flawed decision not to renew a fixed-term appointment it has discretion as to the relief it grants. It may send the case back for a new decision by the Organisation on renewal [...] but if it considers that renewal would be only fair, it will, instead of ordering a new decision, actually order reinstatement under a new contract for an appropriate term. [...] But if it considers neither a new decision nor reinstatement to be possible or advisable, it may, as authorised by Article VIII of its Statute, award the complainant compensation."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
allowance; application for execution; case sent back to organisation; compensation; contract; decision quashed; duration of appointment; effect; fixed-term; iloat statute; judgment of the tribunal; non-renewal of contract; reinstatement; subsidiary;
Judgment 1775
85th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Staff Rule 1050.2, which [the complainant] relies on, states that [the reduction-in-force procedure] applies only to a post of indefinite duration'. The post held by the complainant [...] was designated as a 'project post'. As Manual paragraph II.9.260 makes plain, the reduction-in-force procedure does not apply to posts of 'limited duration', a category which specifically includes country project posts."
Keywords:
criteria; enforcement; fixed-term; permanent appointment; post; project personnel; staff reduction; staff regulations and rules;
Judgment 1750
85th Session, 1998
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A steady line of precedent does indeed have it that non-renewal and valid reasons for it must be duly notified so that the staff member may act accordingly and in particular exercise the right of appeal [...]. The case law does not require that the reasons be stated in the text that gives notice of non-renewal."
Keywords:
case law; contract; decision; duty to substantiate decision; fixed-term; grounds; non-renewal of contract; right of appeal;
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 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 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 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 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;
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;
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