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Judgment No. 1560

Decision

The complaint is dismissed.

Consideration 3

Extract:

"The complainant asks the Organization to say how often it has stopped a competition in order to change the duties of the vacant post and regrade it. There is no need for evidence on that score since the issue is not decisive: if the procedure is lawful it is immaterial how often UNESCO may have followed it before".

Keywords

submissions; evidence; disclosure of evidence; post classification; competition; competition cancelled; post

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
Jugement(s) TAOIT: 444, 1116

Keywords

staff regulations and rules; career; contract; duration of appointment; fixed-term; successive contracts; short-term; definition; difference

Consideration 9

Extract:

As was held in Judgment 782 [...] under 1, good faith requires an organisation to keep a promise subject to certain conditions: the promise must be substantive, i.e. to act or not to act or to allow; it must come from someone competent or deemed competent to make it; the breach of it must cause injury to the person who relies on it; and the position in law must not have altered between the date of the promise and the date at which fulfilment is due. It does not matter, however, what form the promise takes.

Reference(s)

Jugement(s) TAOIT: 782

Keywords

promise



 
Dernière mise à jour: 23.09.2021 ^ haut