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Notice (395,-666)

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Keywords: Notice
Total judgments found: 69

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  • Judgment 339


    40th Session, 1978
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 13-14

    Extract:

    There is a clause in the contract which provides that the employment may be terminated by either party upon written notice of two weeks. "The organization contends that if the appointment had been made, it could and would have terminated it by giving a fortnight's notice and accordingly that the indemnity payable to the complainant should be calculated on the loss of two weeks' employment. In the opinion of the Tribunal good faith would forbid the use of a clause of this type simply for the purpose of destroying the contract. There must be reasonable grounds to justify a premature termination."

    Keywords:

    contract; enforcement; good faith; notice; offer withdrawn; organisation; provision; termination of employment;



  • Judgment 337


    40th Session, 1978
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    By the extension of his contract, "the complainant was actually given five months' notice and there is nothing in [the Regulations] which required the administration to tell him the reasons for not renewing his appointment, provided the reasons were not tainted with any of the flaws which enable the Tribunal to interfere".

    Keywords:

    contract; discretion; duty to substantiate decision; extension of contract; fixed-term; non-renewal of contract; notice;



  • Judgment 132


    21st Session, 1969
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Whereas the complainant had to be informed beforehand that his transfer was contemplated, since this was a measure affecting him personally and entailing a major change of residence [...] all the circumstances on which the competent authority based its decision were [...] known to the complainant [...] he had commented on them at length [...] his chief had [...] warned him [...] that [...] the existing situation could not but seriously impair the satisfactory operation of the [service]."

    Keywords:

    duty to inform; grounds; notice; organisation's interest; right to reply; transfer;



  • Judgment 131


    21st Session, 1969
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Under the applicable provision, a staff member who has been appointed, by a fixed-term appointment, for one year or more must be notified of the organization's decision not to reappoint him no less than one month before the date of expiry. "The decision taken by the Director-General under the above-mentioned rule lies within his discretion. It cannot therefore be reviewed by the Tribunal unless it is tainted by [...]" (etc.).

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal of contract; notice;

    Consideration 3

    Extract:

    On 21 August, the complainant was informed that his appointment would terminate at the end of his contract, on 31 August. This decision is the final step in the termination procedure. On 6 April, the complainant had been notified of the termination of his contract. An extension was granted for reasons of health. The "complainant had been aware for over three months that the organization had decided to terminate his contract." This decision merely confirmed those taken earlier while altering the conditions for their execution. It did not defeat the purpose of the applicable provision "which is to protect the staff member from the consequences of a sudden termination of his appointment."

    Keywords:

    confirmatory decision; contract; extension of contract; fixed-term; non-renewal of contract; notice; sick leave;



  • Judgment 54


    9th Session, 1961
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Where, as in the present case, no specific decision is taken, either at the request of the person concerned or by the administration acting on its own initiative, specifying that the temporary employment contract of [an] official is not to be renewed, the period within which the official may appeal against the refusal to renew his contract is reckoned from the day on which the contract expires."

    Keywords:

    contract; date; fixed-term; internal appeal; non-renewal of contract; notice; start of time limit; time limit;



  • Judgment 42


    8th Session, 1960
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Although it is not specifically provided for in [the material rule], it is permissible to terminate the appointment of a probationer official in the course of his period of probation with the result that he ceases to be entitled to his salary provided that one month's notice is given. If on the conclusion of the probationary period the appointment of a member of the staff [...] may be terminated with one to three months' notice [...] a probationer official cannot have more extensive rights."

    Keywords:

    notice; probationary period; termination of employment;



  • Judgment 33


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Under the applicable provisions, the complainant's fixed-term appointment expired on the set date without notice or indemnity; the separation from service resulting from the expiration of a fixed-term appointment did not constitute a termination within the meaning of the Staff Regulations; "therefore there is no recourse against the complainant's separation from service [on the set date]".

    Keywords:

    contract; fixed-term; non-renewal of contract; notice;



  • Judgment 32


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    On the substance

    Extract:

    Vide Judgment 33, paragraph 5.

    Reference(s)

    ILOAT Judgment(s): 33

    Keywords:

    contract; fixed-term; non-renewal of contract; notice;



  • Judgment 25


    6th Session, 1957
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (A)

    Extract:

    "The offer of a new appointment, coupled with a transfer, exempts the organization from having to give advance notice of the expiration of the current appointment."

    Keywords:

    contract; fixed-term; non-renewal of contract; notice; organisation's duties; transfer;

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