TERMS OF APPOINTMENT
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Keywords: TERMS OF APPOINTMENT
Total judgments found: 1,647
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Judgment 703
57th session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
"THOUGH A SECONDED OFFICIAL HOLDS A FIXED-TERM APPOINTMENT HIS POSITION IS OUT OF THE ORDINARY. HE CANNOT EXPECT HIS CONTRACT TO LAST MORE THAN TWO YEARS UNLESS THE ORGANISATIONS DECIDE DIFFERENTLY. BUT ON LEAVING THE RECEIVING ORGANISATION HE GOES BACK TO THE RELEASING ONE [...] IT IS THEREFORE ONLY REASONABLE THAT EITHER ORGANISATION SHOULD HAVE THE RIGHT TO END THE SECONDMENT IF IT SO WISHES ON THE EXPIRY OF THE PRESCRIBED PERIOD WITHOUT HAVING TO EXPLAIN ITS DECISION."
Keywords:
consequence; contract; discretion; duty to substantiate decision; fixed-term; non-renewal; organisation's duties; reinstatement; secondment;
CONSIDERATION 7
Extract:
"THE ALLEGED PROMISES WERE NOT IN WRITING, THE FAO DENIES THEY WERE EVER MADE AND IT IS NOT PROVED THAT THEY WERE. BESIDES, TO BE ENFORCEABLE, THEY WOULD HAVE HAD TO BE AGREED TO BY BOTH ORGANISATIONS".
Keywords:
condition; contract; extension; fixed-term; non-renewal; promise; secondment;
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:
complaint allowed in part; contract; fixed-term; non-renewal; notice; organisation's duties; reasonable time; secondment; time limit;
CONSIDERATION 2
Extract:
"THE PURPOSE OF SECONDMENT IS EXCHANGE OF STAFF BETWEEN ORGANISATIONS, AND IT IS GOVERNED BY AN INTER-ORGANIZATION AGREEMENT CONCERNING TRANSFER, SECONDMENT OR LOAN OF STAFF AMONG THE ORGANIZATIONS APPLYING THE UNITED NATIONS COMMON SYSTEM OF SALARIES AND ALLOWANCES."
Keywords:
definition; inter-agency agreement; secondment;
CONSIDERATION 2
Extract:
ACCORDING TO THE INTER-ORGANIZATION AGREEMENT ON SECONDMENT, "WHILE RETAINING HIS RIGHTS IN THE 'RELEASING' ORGANISATION, THE STAFF MEMBER SHALL BE SUBJECT TO THE STAFF REGULATIONS AND RULES OF THE 'RECEIVING' ORGANISATION."
Keywords:
applicable law; inter-agency agreement; secondment; staff regulations and rules;
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; complaint allowed; contract; damages; decision quashed; domestic law; enforcement; non-renewal; notice; short-term;
CONSIDERATION 9
Extract:
"FROM ALL THE EVIDENCE IN THE DOSSIER THE TRIBUNAL CONCLUDES THAT THE WORK DONE FOR THE PAHO BY THE COMPLAINANT OVER MORE THAN ELEVEN YEARS WAS A CONTINUOUS WHOLE AND THAT ITS DIVISION INTO CONTRACTUAL PERIODS AS A SHORT-TERM CONSULTANT WAS FICTITIOUS. THE MUTUAL INTENTION, FORMED, IF NOT AT THE BEGINNING, THEN AT THE LATEST BY 1976, WAS THAT THE COMPLAINANT SHOULD BE EMPLOYED FOR AS LONG AS HIS SERVICES WERE REQUIRED AND HE WAS WILLING TO GIVE THEM."
Keywords:
external collaborator; intention of parties; interpretation; short-term; successive contracts; tribunal;
CONSIDERATION 1, SUMMARY
Extract:
THE TRIBUNAL FINDS THAT EVEN THOUGH THE COMPLAINANT WAS NEVER STRICTLY SPEAKING A STAFF MEMBER OF THE ORGANIZATION HIS LINK WITH IT WAS MORE THAN A PURELY CASUAL ONE. ACCORDINGLY, THE ORGANIZATION'S OBJECTION TO THE TRIBUNAL'S JURISDICTION IS OVERRULED.
Keywords:
competence of tribunal; contract; external collaborator; short-term; status of complainant;
Judgment 701
57th session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 12
Extract:
VIDE JUDGMENT 702, CONSIDERATION 12.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
amount; complaint allowed; contract; damages; decision quashed; domestic law; enforcement; non-renewal; notice; short-term;
CONSIDERATION 1, SUMMARY
Extract:
VIDE JUDGMENT 702, CONSIDERATION 2, SUMMARY.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
competence of tribunal; contract; external collaborator; short-term; status of complainant;
CONSIDERATION 9
Extract:
VIDE JUDGMENT 702, CONSIDERATION 9.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
external collaborator; intention of parties; interpretation; short-term; successive contracts; tribunal;
Judgment 699
57th session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
ARTICLE 59 OF THE EPO SERVICE REGULATIONS PROVIDES THAT THE PRESIDENT SHALL LAY DOWN THE LIST OF APPLICABLE PUBLIC HOLIDAYS UP TO A MAXIMUM OF TEN DAYS. ON 8 NOVEMBER 1983 THE PRESIDENT ISSUED A LIST OF 14 PUBLIC HOLIDAYS, THE FOUR ADDITIONAL WORKING DAYS LOST TO BE MADE UP BY EXTENDING WORKING HOURS FOR A TIME BY HALF-AN-HOUR. THE TRIBUNAL HOLDS THAT WHILE THE PRESIDENT MAY IGNORE THE TEN-DAY LIMIT HE MAY NOT PUT THE NUMBER OF HOURS IN THE WORKING WEEK AT MORE THAN 40 EXCEPT WHEN THEY ARE REMUNERATED OR MADE NECESSARY BY ABNORMAL CIRCUMSTANCES. IN THE INSTANT CASE SUCH CIRCUMSTANCES DO NOT EXIST.
Reference(s)
Organization rules reference: ARTICLE 59 OF THE EPO SERVICE REGULATIONS
Keywords:
compensatory measure; complaint allowed; decision quashed; discretion; increase; judicial review; leave; overtime; public holiday; working hours;
Judgment 698
57th session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 10
Extract:
"THE COMPLAINANT SUBMITS THAT ACCORDING TO THE TRIBUNAL'S CASE LAW THE TERMINATION OF SECONDMENT NEED NOT ENTAIL THE TERMINATION OF APPOINTMENT IN AN INTERNATIONAL ORGANISATION. THE PLEA IS MISTAKEN."
Keywords:
contract; fixed-term; non-renewal; secondment; separation from service;
Judgment 694
57th session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT TOOK NOTICE OF A 'SENIORITY LIST'. HE OBJECTS TO THE LEVEL AT WHICH HE WAS PLACED ACCORDING TO THE DOCUMENT. THE TRIBUNAL DISMISSES THE GRIEVANCE ON THE GROUNDS THAT THE LIST DOES NOT CONSTITUTE A DECISION AND HAS NO EFFECT IN LAW.
Keywords:
competence of tribunal; receivability; seniority list;
Judgment 692
57th session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
UNLIKE SPECIAL LEAVE, LEAVE REQUIRED IN THE SERVICE OF THE ORGANISATION MUST BE GRANTED, AS PROVIDED BY THE REGULATIONS, ACCORDING TO CIRCUMSTANCES AND IS NOT OTHERWISE SUBJECT TO A TIME LIMIT. THE 12-DAY LEAVE REQUESTED BY THE COMPLAINANT IS JUSTIFIED FOR TRANSFER FROM ONE DUTY-POST TO ANOTHER, I.E. FOR PROFESSIONAL PURPOSES. THE TRIBUNAL ALLOWS THE COMPLAINT.
Keywords:
amendment; complaint allowed; decision quashed; duty station; grounds; leave; request; transfer;
Judgment 688
57th session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT HAS BEEN EMPLOYED UNDER FIXED-TERM CONTRACTS SINCE 1976. HE CLAIMS TO BE ENTITLED TO AN APPOINTMENT OF INDETERMINATE DURATION BY VIRTUE OF NATIONAL LEGISLATION. THE TRIBUNAL WILL NOT RULE ON THE APPLICABILITY OF NATIONAL LEGISLATION. IT LIMITS ITSELF TO NOTING THAT IF NATIONAL LEGISLATION IS APPLICABLE, THE TRIBUNAL HAS NO POWER OF REVIEW AND IF IT IS NOT APPLICABLE, THE TRIBUNAL MUST EXAMINE THE ALLEGED BREACHES OF STAFF REGULATIONS BY THE ORGANISATION; IT FINDS NO EVIDENCE OF A BREACH.
Keywords:
competence of tribunal; contract; domestic law; fixed-term; permanent; right; successive contracts;
Judgment 687
57th session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2
Extract:
"ALTHOUGH THE TRIBUNAL MAY REVIEW THE LAWFULNESS OF THE DISMISSAL, THE NATURE OF THE DECISION IS SUCH THAT ITS POWER OF REVIEW, WHERE IT FINDS NO FORMAL OR PROCEDURAL FLAW, IS LIMITED. IT WILL SET THE DECISION ASIDE ONLY IF THERE WAS A MISTAKE OF LAW [ETC]... IN A CASE OF DISMISSAL OF A PROBATIONER THE ADMINISTRATION SHOULD BE ALLOWED THE WIDEST MEASURE OF AUTHORITY, AND THE DECISION WILL BE QUASHED ONLY IF THE MISTAKE OR THE ILLEGALITY IS ESPECIALLY SERIOUS OR GLARING."
Keywords:
discretion; judicial review; probation; termination;
CONSIDERATION 9
Extract:
THE COMPLAINANT WAS DISMISSED FOR REASONS OF UNSATISFACTORY PERFORMANCE AFTER A SIX-MONTH EXTENDED PERIOD OF PROBATION EVEN THOUGH HIS WORK SHOWED IMPROVEMENT DURING THE EXTENSION. IT DOES NOT "MATTER THAT THE COMPLAINANT EXPERIENCED DIFFICULTIES IN THE FIRST YEAR OF PROBATION. IN AGREEING TO EXTEND THE PROBATION THE PRESIDENT ACKNOWLEDGED THAT THERE MIGHT BE IMPROVEMENT, AND INDEED THERE WAS. IT WAS A SERIOUS ABUSE OF DISCRETION FOR HIM TO OVERLOOK THOSE FACTS UNLESS THE DOSSIER CONTAINS EVIDENCE PRODUCED AFTER THE END OF THE NORMAL PROBATION PERIOD."
Keywords:
appraisal of facts; complaint allowed; decision quashed; disregard of essential fact; extension; probation; satisfactory service; termination; unsatisfactory service;
SUMMARY
Extract:
ALTHOUGH THE COMPLAINANT'S PERFORMANCE SHOWED IMPROVEMENT BY THE END OF AN EXTENDED PERIOD OF PROBATION, THE ORGANISATION DISMISSED HIM. THE TRIBUNAL HOLDS THAT THE EXTENSION OF PROBATION GAVE HIM REASON TO BELIEVE THAT IF HIS WORK WAS FOUND SATISFACTORY HE WOULD GET APPOINTED. THE PRESIDENT DREW CLEARLY MISTAKEN CONCLUSIONS FROM THE EVIDENCE. HIS DECISION IS SET ASIDE AND THE COMPLAINANT IS REFERRED BACK TO THE ORGANISATION FOR DETERMINATION OF HIS RIGHTS ON REINSTATEMENT IN ITS EMPLOY AS FROM THE DATE OF HIS DISMISSAL.
Keywords:
case sent back to organisation; confirmation of appointment; decision quashed; extension; legitimate expectation; mistaken conclusion; probation; reconstruction of career; reinstatement; satisfactory service; termination;
CONSIDERATION 1
Extract:
"IMPLICIT IN [ARTICLE 13 OF THE EPO SERVICE REGULATIONS] AND IN THE GENERAL PRINCIPLES WHICH GOVERN THE INTERNATIONAL CIVIL SERVICE IS THE NOTION THAT THE PURPOSE OF PROBATION IS TO FIND OUT WHETHER THE OFFICIAL IS CAPABLE OF A SATISFACTORY CAREER IN THE ORGANISATION. THE COMPETENT AUTHORITY WILL DETERMINE ON THE EVIDENCE BEFORE IT, AND POSSIBLY AFTER EXTENSION OF THE PROBATION, WHETHER TO DISMISS THE OFFICIAL OR TO CONFIRM HIS APPOINTMENT."
Reference(s)
Organization rules reference: ARTICLE 13 EPO SERVICE REGULATIONS
Keywords:
international civil service principles; probation; purpose; qualifications; staff regulations and rules;
Judgment 686
57th session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT ALTERED AN APPRAISAL REPORT ON HER OWN PERFORMANCE. AFTER BEING CRITICISED FOR HER CONDUCT BY A SUPERVISOR, SHE TENDERED HER RESIGNATION. THE COMPLAINANT CLAIMS TO HAVE ACTED UNDER PRESSURE. IN THE VIEW OF THE TRIBUNAL, SHE HAD AMPLE TIME TO CONSIDER WHETHER OR NOT TO RESIGN. HER RESIGNATION IS THEREFORE VALID.
Keywords:
lack of consent; offer; resignation;
Judgment 685
57th session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT OBJECTS TO THE DETRIMENT TO HIMSELF AND HIS FAMILY CAUSED BY HIS ASSIGNMENT TO NEPAL. SO THE DECISION HE IMPUGNS IS THE ONE INFORMING HIM OF HIS TRANSFER, OF WHICH HE GOT NOTICE IN MARCH 1981. SINCE HE WAITED UNTIL MARCH 1983 TO PUT HIS CASE TO THE APPEAL BOARD THE COMPLAINT IS IRRECEIVABLE.
Keywords:
consequence; internal appeal; receivability; start of time limit; time bar; time limit; transfer;
Judgment 684
57th session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT ASKS THE TRIBUNAL TO DECLARE THAT A STAFF REPORT ON HIS PERFORMANCE IS CONTRARY TO CERTAIN RULES AND NOT OBJECTIVE. THE TRIBUNAL DISMISSES THE COMPLAINT INASMUCH AS NO INJURY RESULTED FROM THE ACTS WHICH THE COMPLAINANT PUTS FORWARD AND HE IS NO LONGER IN THE EMPLOY OF THE ORGANISATION.
Reference(s)
ILOAT Judgment(s): 637, 638, 639
Keywords:
cause of action; lack of injury; no cause of action; performance report; separation from service;
Judgment 675
56th session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
HAVING SERVED THE ORGANIZATION SINCE 1969, THE COMPLAINANT WAS SECONDED FOR TWO YEARS TO THE UNDP IN 1980. IN 1982 THE ORGANIZATION DECIDED NOT TO EXTEND THE APPOINTMENT OR THE SECONDMENT. THE TRIBUNAL HOLDS THAT THE ORGANIZATION COMMITTED AN ERROR OF LAW BY ASSUMING THAT A FIXED-TERM APPOINTMENT EXPIRES AUTOMATICALLY ON THE SPECIFIED EXPIRATION DATE, AND AN ABUSE OF POWER FOR HAVING TERMINATED THE COMPLAINANT WITHOUT STATING ITS REASONS. THE AWARD OF DAMAGES REFLECTS THE ESPECIALLY GRAVE MORAL INJURY SUSTAINED BY THE COMPLAINANT.
Keywords:
complaint allowed; contract; damages; decision quashed; discretion; duty to substantiate decision; fixed-term; flaw; legitimate expectation; mistake of law; misuse of authority; moral injury; non-renewal; secondment;
Judgment 674
56th session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT MAKES UNSOUND OBJECTIONS TO THE APPLICATION OF GUIDELINES PRESENTLY IN FORCE. AN OFFICIAL HAS NO RIGHT TO DEMAND THAT RULES IN FORCE AT THE TIME OF JOINING THE ORGANISATION NOT BE AMENDED. THE TRIBUNAL SEES NO EVIDENCE OF BREACH OF THE PRINCIPLE OF EQUAL TREATMENT, AS CLAIMED BY THE COMPLAINT. THE REASON WHY OFFICIALS RECRUITED AT A.3 AND THOSE RECRUITED AT A.2 AND PROMOTED TO A.3 DO NOT FALL UNDER THE SAME RULE IS THAT THEIR FACTUAL POSITIONS ARE NOT THE SAME.
Keywords:
acquired right; amendment; equal treatment; promotion; provision; staff regulations and rules; terms of appointment;
Judgment 671
56th session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT WAS THE SECOND SIGNATORY OF BANK CHECKS FOR AMOUNTS IN EXCESS OF ACTUAL EXPENDITURE. CRIMINAL PROCEEDINGS WERE INTRODUCED AGAINST THE FIRST SIGNATORY. A SUM REPRESENTING PART OF THE COMPENSATION PAYABLE TO THE COMPLAINANT WAS DISTRAINT. THE COMPLAINANT SEEKS PAYMENT OF THAT AMOUNT. THE TRIBUNAL OBSERVES THAT APPEAL AGAINST THE DECISION WAS NOT LODGED WITHIN THE TIME LIMIT AND THAT THE DECISION CAN NO LONGER BE CHALLENGED. HOWEVER, BECAUSE THE DECISION IS A "MEASURE OF DISTRAINT", IT REMAINS OPEN TO THE COMPLAINANT TO REQUEST A REVIEW ON THE BASIS OF A CHANGE OF THE POSITION IN LAW OR IN FACT.
Keywords:
deduction; measure of distraint; receivability; time bar;
Judgment 670
56th session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE SELECTION COMMITTEE RECOMMENDED APPOINTMENT OF THE COMPLAINANT. THE SELECTION PROCEDURE WAS DECLARED VOID BY THE DIRECTOR AND A NEW SELECTION PROCEDURE INITIATED. THERE IS NOT SUFFICIENT EVIDENCE OF THE DIRECTOR HAVING ACTED OUT OF PERSONAL ANIMOSITY AGAINST THE COMPLAINANT. THERE IS EVIDENCE THAT HE ALLOWED CERTAIN CRITERIA TO TAKE ON EXAGGERATED IMPORTANCE AND HE MISUNDERSTOOD THE ROLE OF THE SELECTION COMMITTEE. WHEN SETTING THE AMOUNT OF COMPENSATION, IT SHOULD BE NOTED THAT THIS IS THE SECOND TIME THE DIRECTOR HAS FLAUNTED A RECOMMENDATION FAVOURING THE COMPLAINANT.
Keywords:
appointment; competition; competition cancelled; complaint allowed; decision quashed; recommendation; selection board;
Judgment 669
56th session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2
Extract:
"THE GENERAL DECISION IMPUGNED* IN THIS CASE PUTS NO EXACT FIGURE ON THE ENTITLEMENT OF THE STAFF MEMBERS CONCERNED. THAT WILL BE DETERMINED ONLY WHEN THE ADMINISTRATION COMES TO TAKE INDIVIDUAL DECISIONS IN PURSUANCE OF THE GENERAL DECISION, VIZ. THE COUNCIL'S APPROVAL OF THE NEW TEXT OF [THE] ARTICLE".
(*) AMENDING A PROVISION IN THE SERVICE REGULATIONS ON BENEFITS PAYABLE IN THE EVENT OF INVALIDITY.
Keywords:
amendment; competence of tribunal; general decision; individual decision; insurance benefit; invalidity; provision; receivability; staff regulations and rules;
Judgment 666
56th session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANTS SEEK PAYMENT OF THE EDUCATION ALLOWANCE TO WHICH THEY WERE ENTITLED AT THE IPI. THE TRIBUNAL HOLDS THAT ON THE BASIS OF THE TRANSFER AGREEMENT BETWEEN THE IPI AND THE EPO THE LATTER IS NOT UNDER OBLIGATION TO PAY THE EDUCATION ALLOWANCE INSOFAR AS THE ORGANISATION OFFSETS THE EDUCATION COSTS BORNE BY ITS OFFICIALS. THE TRIBUNAL EXEMPTS THE CASE WHERE ACTUAL COSTS ARE NOT OFFSET.
Keywords:
allowance; compensatory measure; consequence; discontinuance; education expenses; merger; refund;
CONSIDERATION 5
Extract:
"AS THE TRIBUNAL HAS CONSISTENTLY HELD, AN ALLOWANCE MAY FORM AN ESSENTIAL PART OF THE OFFICIAL'S CONTRACT IN THAT HE CONSIDERED IT TO BE OF DECISIVE IMPORTANCE WHEN HE ACCEPTED EMPLOYMENT, AND ITS ABOLITION WOULD THEREFORE CONSTITUTE BREACH OF AN ACQUIRED RIGHT; BUT HE HAS NO ACQUIRED RIGHT TO THE ACTUAL AMOUNT OF THE ALLOWANCE OR TO CONTINUANCE OF ANY PARTICULAR METHOD OF RECKONING IT. INDEED HE MUST EXPECT THESE TO CHANGE AS CIRCUMSTANCES CHANGE."
Keywords:
acquired right; allowance; amendment; amount; case law; discontinuance; education expenses; reckoning;
CONSIDERATION 4
Extract:
THE ORGANISATION "DOES CONCEDE THAT THERE MAY BE SOME ACTUAL COSTS TO BE REFUNDED. IF THAT WERE SO, THEN UNDER THE SAFEGUARD IN [THE MATERIAL PROVISIONS] TRANSFERRED OFFICIALS WOULD UNDOUBTEDLY BE ENTITLED TO REFUND. THAT IS AN ISSUE OF FACT, AND ONE ON WHICH THE TRIBUNAL CANNOT RULE. IT IS UP TO THE COMPLAINANTS TO ASK THE [ORGANISATION] TO ... REFUND THEIR ACTUAL COSTS NOT OTHERWISE COVERED. THE TRIBUNAL HOLDS THAT ON THE CORRECT CONSTRUCTION OF THE [MATERIAL PROVISIONS] THEY WOULD BE ENTITLED TO HAVE ANY SUCH SUMS REPAID."
Keywords:
education expenses; refund; right;
Judgment 665
56th session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 1
Extract:
"RENEWAL OF AN APPOINTMENT IS A DISCRETIONARY DECISION. ALTHOUGH THE RULE PROVIDES FOR AUTOMATIC EXPIRY IN THE ABSENCE OF OFFER AND ACCEPTANCE OF AN EXTENSION OF CONTRACT, THE DECISION IS STILL SUBJECT TO REVIEW BY THE TRIBUNAL, WHICH WILL SET IT ASIDE IF THERE WAS A FORMAL OR PROCEDURAL FLAW, OR A MISTAKE OF FACT OR OF LAW, OR IF ESSENTIAL FACTS WERE OVERLOOKED, OR IF THERE WAS ABUSE OF AUTHORITY, OR IF CLEARLY MISTAKEN CONCLUSIONS WERE DRAWN FROM THE EVIDENCE."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal;
SUMMARY
Extract:
THE REASON GIVEN FOR NON-RENEWAL OF THE COMPLAINANT'S CONTRACT WAS UNSATISFACTORY PERFORMANCE. THE EVALUATION REPORT FOR 1981 WAS SIGNED LONG AFTER THE TIME LIMIT LAID DOWN IN THE STAFF RULES. ONLY A FEW WEEKS ELAPSED BETWEEN THE COMPLETION OF THE 1981 REPORT AND THE PROCESSING OF THE 1982 REPORT. AS A RESULT, THE IMPUGNED DECISION TOOK NO ACCOUNT OF THE FACT THAT BETWEEN THE COMPLAINANT'S TWO LAST PERFORMANCE REPORTS HE WAS NOT GIVEN TIME TO ADD HIS OBJECTIONS OR TO SHOW HE COULD COME UP TO EXPECTATION. THE DECISION OVERLOOKED AN ESSENTIAL FACT AND DREW CLEARLY MISTAKEN CONCLUSIONS FROM THE EVIDENCE. THE COMPLAINANT IS ENTITLED TO DAMAGES.
Keywords:
administrative delay; complaint allowed; contract; damages; disregard of essential fact; fixed-term; flaw; mistaken conclusion; non-renewal; performance report; right to reply; time limit; unsatisfactory service;
Judgment 664
56th session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 9
Extract:
THE COMPLAINANT, WHO WAS THE VICTIM OF AN ACCIDENT, TOOK UP DUTY AFTER THE DATE ORIGINALLY AGREED UPON. THE DATE ON WHICH SHE TOOK UP DUTY WAS SET AS HER DATE OF APPOINTMENT. THE DELAY IN HER RECRUITMENT DID NOT LEAD TO NOVATION OF THE WHOLE CONTRACT. ONLY ONE OF THE TERMS OF THE CONTRACT WAS ALTERED. THE OTHERS REMAINED IN FORCE AND WERE APPLIED IN FULL. THE SUSPENSION OF THE CONTRACT DID NOT LEAD TO ITS ANNULATION. IF IT HAD, THE ORGANISATION MIGHT HAVE REFUSED TO APPOINT THE COMPLAINANT WHEN SHE BECAME FIT TO START WORK. "YET THAT WOULD HAVE BEEN NEITHER FAIR NOR REASONABLE."
Keywords:
accident; amendment; appointment; contract; date; elements;
CONSIDERATION 3
Extract:
"THE PLEA WILL NOT SUCCEED IF HE WHO ALLEGES FORCE MAJEURE WAS HIMSELF RESPONSIBLE FOR THE OCCURRENCE. THUS IT MUST FAIL WHERE HE WAS HIMSELF NEGLIGENT OR, THOUGH NOT NEGLIGENT, PUT HIMSELF IN SUCH A POSITION AS TO INCUR RISK OF THE OCCURRENCE. MOREOVER, THE PLEA WILL FAIL EVEN IF THERE IS NO DIRECT AND NECESSARY LINK BETWEEN THE VICTIM'S BEHAVIOUR AND THE OCCURRENCE." THUS, WHILE INDULGING IN A SPORT LIKE SKIING DOES NOT CONSTITUTE NEGLIGENCE, THERE IS NO FORCE MAJEURE IN THE EVENT OF AN ACCIDENT DURING THE PRACTICE OF SUCH A SPORT.
Keywords:
accident; cause; complainant; force majeure; liability;
CONSIDERATION 2
Extract:
THE SERVICE REGULATIONS PROVIDE FOR THE DATE ON WHICH AN APPOINTMENT TAKES EFFECT NOT TO BE PRIOR TO THE DATE ON WHICH THE OFFICIAL TAKES UP HIS DUTIES EXCEPT IN CASE OF FORCE MAJEURE. THIS IS "A COROLLARY OF THE GENERAL RULE THAT A UNILATERAL ACT MAY NOT BE RETROACTIVE." THE ORGANISATION HELD "THE BELIEF THAT ONE TERM OF THE CONTRACT WHICH GOVERNED RELATIONS BETWEEN THE TWO SIDES HAD PROVED UNENFORCEABLE BECAUSE OF AN INCIDENT BEYOND ITS CONTROL." THE COMPLAINANT, WHO HAD BEEN INJURED IN AN ACCIDENT, WAS NOT FIT TO REPORT FOR DUTY ON THE DATE SHE WAS DUE TO START; THERE WAS NOT FORCE MAJEURE.
Keywords:
accident; appointment; contract; date; exception; force majeure;
CONSIDERATION 9
Extract:
OVER THE PREVIOUS THREE YEARS, THE COMPLAINANT RESIDED CONTINUOUSLY IN THE COUNTRY WHERE SHE WAS TO SERVE. THE CONTINUITY OF HER STAY WAS NOT BROKEN BY A TWO MONTH STAY FOR THE PURPOSE OF CONVALESCENCE IN ANOTHER COUNTRY. THE FACT THAT SHE HAD TO REGISTER IN THE MUNICIPALITY WHERE SHE WAS CONVALESCING DOES NOT INDICATE THAT SHE INTENDED TO INTERRUPT HER RESIDENCE IN THE COUNTRY OF THE ORGANISATION'S HEADQUARTERS. IT WAS THEREFORE PROPER FOR HER TO HAVE BEEN RECRUITED ON A LOCAL BASIS.
Keywords:
local status; residence;
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