Notice (395,-666)
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Keywords: Notice
Total judgments found: 69
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Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"Consistent precedent has it that even where an organisation's Staff Regulations say that a fixed-term contract is ipso facto extinguished on expiry non-renewal is to be treated as a distinct and challengeable administrative decision." After referring to Judgments 17 and 1040, the Tribunal observes that "that requirement is an indispensable safeguard of security of employment in the international civil service, which indeed, unlike many national civil services and some regional organisations, commonly grants fixed-term appointments."
Reference(s)
ILOAT Judgment(s): 17, 1040
Keywords:
case law; contract; decision; domestic law; fixed-term; international civil service principles; non-renewal of contract; notice; right of appeal; safeguard; staff regulations and rules;
Consideration 24
Extract:
Several recent rulings [...] sharply define the ambit of such review in line with the case law affirmed from the outset: see Judgments 956 [...] under 2 and 3; 1262 [...] under 4; and 1273 [...] under 8.
Reference(s)
ILOAT Judgment(s): 956, 1262, 1273
Keywords:
abuse of power; case law; contract; decision; discretion; due process; duty to substantiate decision; fixed-term; flaw; formal flaw; judicial review; mistake of fact; misuse of authority; non-renewal of contract; notice; organisation's interest; procedural flaw; right to reply;
Considerations 22-23
Extract:
The ITU, relying on material provisions in the Staff Regulations and Rules, argues that the complainant's fixed-term appointment automatically expired when his contract ran out and that it had no need to take a decision on non-renewal. The Tribunal, having made clear that those provisions "have counterparts in the Staff Regulations and Staff Rules of several other international organisations", holds that its ruling on this case "must be in line with what proves to be an important feature of the common law of international organisations, or at least of those that define contracts by category in determining relations with their employees. [...] Consistent precedent has it that [...] a fixed-term contract", even a temporary one, "is to be treated as a distinct and challengeable administrative decision."
Keywords:
case law; contract; coordinated organisations; decision; fixed-term; law of contract; non-renewal of contract; notice; rule of another organisation; staff regulations and rules;
Judgment 1193
73rd Session, 1992
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 to 12
Extract:
Under PAHO Staff Rule 1040 a career appointment can only be terminated after completion of the reduction-in-force procedure. The complainant submits that the notice of termination he got was premature inasmuch as the PAHO had not properly applied the reduction-in-force procedure. The Tribunal observes that "the Organization made no genuine effort to carry out the procedure properly and thereby to give the complainant the protection of the Staff Rules he was entitled to under the provisions on abolition of post." The Tribunal holds that "where a post is abolished compliance with the reduction-in-force procedure is a condition precedent to termination of the holder's appointment. Not being the outcome of a valid procedure, the notice of termination given to the complainant [...] was also invalid."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1040
Keywords:
abolition of post; due process; notice; post; procedure before the tribunal; staff reduction; staff regulations and rules; termination of employment;
Judgment 1159
72nd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As to the lack of proper notice, the Director-General's decision [...] to grant him another two years' appointment affords ample compensation".
Keywords:
compensation; contract; fixed-term; non-renewal of contract; notice;
Judgment 1145
72nd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Notwithstanding the terms of 4.6(d) the practice in the ILO is to give at least two months' notice of non-renewal of a fixed-term appointment. The Organisation admits that the practice was not followed in the complainant's case but points out that he got compensation for its mistake in the form of another two months' pay. The Tribunal holds such compensation to be adequate".
Reference(s)
Organization rules reference: ARTICLE 4.6(D) OF THE ILO STAFF REGULATIONS
Keywords:
compensatory allowance; contract; fixed-term; non-renewal of contract; notice; practice;
Judgment 1040
69th Session, 1990
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Precedent is clear: even when someone has just a temporary appointment a decision not to renew it must be taken when the contract period is expiring; the administration's decision not to renew must be notified to the employee within the prescribed time limit; and if due notice is not given there will be implied renewal for a further period." The complainant got notice four days too late and the Tribunal held that the extension of his contract by five days to make up the required period of notice had no effect.
Keywords:
compensatory measure; consequence; contract; effect; extension of contract; non-renewal of contract; notice; omission; organisation's duties; short-term;
Judgment 1022
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant relies on an acquired right to three months' notice as stipulated in her contract. The organization gave her six months' notice. "There is an acquired right only where an amendment to the material rules that is to the official's detriment disrupts the structure of the contract or impairs the fundamental terms of employment that induced him to take up duty with the organization." That condition is plainly not met in the instant case.
Keywords:
acquired right; contract; notice; termination of employment; terms of appointment; time limit;
Consideration 8
Extract:
"The main purpose of notice of termination is to protect someone who has his appointment terminated from sudden action that might put him in an awkward plight. Either he may go on working throughout the period or else he may be paid compensation in lieu. In any event there is nothing compulsory about compensation."
Keywords:
compensatory allowance; notice; purpose; separation from service;
Judgment 1021
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 1022, consideration 5.
Reference(s)
ILOAT Judgment(s): 1022
Keywords:
acquired right; contract; notice; termination of employment; terms of appointment; time limit;
Consideration 7
Extract:
Vide Judgment 1022, consideration 8.
Reference(s)
ILOAT Judgment(s): 1022
Keywords:
compensatory allowance; notice; purpose; separation from service;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
After initially accepting the organization's offer of transfer made in connection with its headquarters move, the complainants changed their minds. Their appointments were then terminated. The organization calculated the period of notice as if they had turned the transfer offers down from the start. The complainants argue that the period of notice must run from the day they made their position known and that they are therefore entitled to compensation. The Tribunal holds that such an interpretation runs counter to the applicable provisions since the organization's intention was to treat all staff members who refused the offer of transfer in the same way, whatever the date of their refusal.
Keywords:
compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination of employment; time limit; transfer; transfer of headquarters;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Vide Judgment 1020.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination of employment; time limit; transfer; transfer of headquarters;
Judgment 873
63rd Session, 1987
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Staff Regulations do not say what notice shall be given or how much shall be paid in compensation to the redundant staff member. [...] When his post is abolished someone with a fixed-term appointment is ordinarily entitled to notice and to fair and reasonable compensation. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation and seniority and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
abolition of post; amount; compensation; elements; moral injury; no provision; notice; organisation's duties; terminal entitlements;
Judgment 857
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has said there must be reasonable notice of non-renewal, with due regard to the particular circumstances of each case. But she was well warned, for the first time orally over a year before expiry and in writing fifty days before, that her appointment would not be renewed."
Keywords:
contract; fixed-term; non-renewal of contract; notice; organisation's duties; reasonable time; time limit;
Judgment 856
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"All that Unesco's rules say on the matter is that the holder of an indeterminate appointment, like the complainant, may resign by giving three months' notice and that the Director-General may, at his discretion, accept resignation at shorter notice."
Keywords:
discretion; executive head; notice; resignation;
Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"What good faith requires is that when someone is transferred he should be given proper notice, and not just of a vague intention, but of the nature of the post he is to get and of the duty station." The complainant did not accept the transfer and was dismissed. The decision is quashed and the Tribunal orders the restoration of the complainant's status as an official.
Keywords:
duty station; duty to inform; good faith; notice; organisation's duties; post description; reconstruction of career; refusal; termination of employment; transfer;
Consideration 7
Extract:
"A transfer decision that is made known five days before it comes into effect leaves the official no time in which to act or even to think".
Keywords:
notice; time limit; transfer;
Judgment 703
57th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The holder of a fixed-term appointment is entitled to know the date of separation early enough to enable him to arrange things."
Keywords:
contract; fixed-term; non-renewal of contract; notice; organisation's duties; reasonable time; secondment; time limit;
Judgment 702
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The Tribunal assesses the period of the notice which PAHO ought to have given as twelve months, that is, one month for every year or fraction of a year of service. This is the measure prescribed by Uruguayan labour law and it is also one which is employed in a number of other countries."
Keywords:
amount; contract; domestic law; enforcement; non-renewal of contract; notice; short-term;
Judgment 701
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
See Judgment 702, consideration 12.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
amount; contract; domestic law; enforcement; non-renewal of contract; notice; short-term;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The material date was that on which the complainant received the letter of termination. The period of notice should begin on that date and the termination payment and the disability payment should be calculated and paid accordingly. "Any other conclusion would offend against the rule that a decision must not be retroactive in effect. [...] No organisation may retroactively alter at will the position of its staff. The effect of the WHO's arrangement might be to do away with one of the benefits prescribed" in the material Staff Rules. The decision is set aside; the complainant's administrative position must be reviewed.
Keywords:
date; date of notification; disability benefit; non-retroactivity; notice; payment; terminal entitlements; termination of employment;
Judgment 577
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As the Tribunal observed in [Judgment 421] the question whether the action of the administration [...] was intended to have a contractual effect must be determined in the light of the circumstances in each case. In regard to the non-renewal of fixed-term contracts, it seems to the Tribunal that staff members would, in view of the practice, have come to rely on receiving reasonable notice as part of their contractual rights".
Reference(s)
ILOAT Judgment(s): 421
Keywords:
binding character; contract; fixed-term; non-renewal of contract; notice; practice; reasonable time;
Judgment 469
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Expiry of contract on 30 November. The complainant was informed of the abolition of her post with effect from 1 February and the extension of her contract until 31 January. "The fixed term of the complainant's contract being for a year, when the last date [one month before the end of the contract, the time limit stipulated by the Regulations] passed without notification of non-renewal, the effect was to extend the appointment until 30 November [of the following year]. The notice to extend until 31 January [of that same year], which was never accepted by the complainant, was therefore ineffective, and her appointment was terminated prematurely by the abolition of her post."
Reference(s)
Organization rules reference: ARTICLE 1050.4 OF THE PAHO STAFF RULES
Keywords:
abolition of post; complainant; contract; extension of contract; fixed-term; non-renewal of contract; notice; refusal;
Consideration 3
Extract:
The Staff Rules provide both for automatic termination of contract and advance notice. The Tribunal has consistently found that a decision not to re-appoint is required, as well as notice before the prescribed date. "To interpret the rule as terminating the appointment automatically on the expiry date whether or not a notification was given would not only do violence to the text by rendering the provision for notification otiose, but would also be unreasonable and unfair [...]."
Keywords:
case law; contract; date; fixed-term; interpretation; non-renewal of contract; notice; organisation's duties; provision; staff regulations and rules;
Consideration 5
Extract:
If an advance notice was necessary it was given out of time and thus the appointment was not terminated. If it was not necessary, the appointment terminated automatically. "Presumably, it must be the view of the organization that the failure to give notice in time does prevent the automatic termination, but preserves the right of the organization to give a month's notice at any time thereafter, irrespective of whether the circumstances are normal or abnormal. The Tribunal cannot adopt this construction of the rule."
Keywords:
consequence; contract; date; extension of contract; fixed-term; non-renewal of contract; notice; organisation's duties;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant was appointed on 25 June for two years; the first 12 months were probationary. On 20 June of the following year he was informed that his appointment would be terminated on 24 July. The complainant contends that there was no reason to extend the probation period just in order to respect the requirement of one month's notice. The plea fails: the measure in question was not in breach of any provision of the Staff Rules and it was to the complainant's advantage, who in any case was not bound to accept it.
Keywords:
extension of contract; notice; period; probationary period; termination of employment;
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