ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Terms of appointment

You searched for:
Keywords: Terms of appointment
Total judgments found: 1,788

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90 | next >



  • Judgment 431


    45th Session, 1980
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 4

    Extract:

    "it is true that an official may have a good reason for waiving his rights. but the tribunal will not consider such waiver to be established unless it may be clearly inferred from all the circumstances of the case. it may not be inferred merely from statements which the official may have made on one particular day: it must be evident from his general attitude over a longer period of time." the complainant's signature (on an extension of contract) cannot be interpreted in the present case as a waiver which precludes his claiming relief from the tribunal.

    Keywords:

    condition; contract; extension; fixed-term; non-renewal; right of appeal; waiver of right of appeal;

    Consideration 6

    Extract:

    when an organisation is considering whether or not to renew the contract of a government official of a member state, it is reasonable that it should once again consult the member state it consulted at the time of the initial appointment. it is conceivable that the member state will wish to re-recruit its former official. where sound reasons for opposition to the renewal are expressed or implied, the director-general will go along with them. "but he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a member state."

    Keywords:

    consultation; contract; fixed-term; grounds; member state; non-renewal; refusal;

    Consideration 6

    Extract:

    "the executive head of an organisation is bound at all times to safeguard its interests and, where necessary, give them priority over others. one area in which the rule applies is staff recruitment. [...] but he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a member state. the organisation has an interest in being on good terms with all member states, but that is no valid ground for a director-general to fall in with the wishes of every one of them."

    Keywords:

    appointment; independence; member state; organisation; organisation's interest;

    Consideration 9

    Extract:

    "where a decision not to extend an appointment is improper the tribunal generally awards compensation less than the amount of remuneration which the complainant would have received up to the end of a further appointment."

    Keywords:

    amount; contract; damages; fixed-term; non-renewal;

    Consideration 4

    Extract:

    the complainant relies on a practice whereby inspectors who have given satisfactory service for two years would normally have their appointments renewed for five-year periods. "that is only a general practice [...] not a binding rule. in other words, it neither laid any obligation on the director-general in this case nor conferred any right on the complainant."

    Keywords:

    amendment; binding character; contract; duration of appointment; extension; five-year review; fixed-term; practice;

    Consideration 7

    Extract:

    in letting the interests of a member state prevail over those of the organisation for no valid reason, the director-general committed a misuse of authority which taints his decision not to renew the contract. the tribunal need not consider whether the impugned decision is further tainted with any error of law.

    Keywords:

    complaint allowed; contract; fixed-term; member state; misuse of authority; non-renewal; organisation's interest;



  • Judgment 429


    45th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "an organisation's rules do not confer any acquired right on staff members except where it was the rules that induced them to join the international civil service and the amendment of the rules will substantially alter conditions of service which they were entitled to expect would continue."

    Keywords:

    acquired right; definition; staff regulations and rules; terms of appointment;

    Consideration 2

    Extract:

    statutory provisions prohibit officials from disclosing information not already made public or from disclosing, without permission from the director-general, in any legal proceedings information of which they have knowledge by reason of their duties. such permission will be refused only when the interests of the organisation so require. on the strength of these provisions the organisation requests the withdrawal of certain items. "the provisions cited [...] govern the relationship between the [organisation] and its staff [...] they are not binding on the tribunal since no staff regulations may limit the tribunal's competence to determine whether written evidence is admissible."

    Keywords:

    admissibility of evidence; competence of tribunal; confidential evidence; disclosure of evidence; duty of discretion;

    Consideration 9

    Extract:

    "when [the complainants] joined the staff they naturally took a keen interest in pension matters such as the amount of their contributions and of the pension itself, and perhaps they did acquire a right from the rules on such matters. but the rate of contribution by the [organisation] was a matter of lesser importance to them: its effect on their position was not direct enough for any acquired right to arise."

    Keywords:

    acquired right; contributions; organisation; pension; pension entitlements; terms of appointment; unjspf;



  • Judgment 428


    45th Session, 1980
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    the decision concerned the grading of a post. "the tribunal will be even more cautious in reviewing the impugned decision since some of the matters raised in the complaint are technical and the [organisation] is more familiar than the tribunal with the circumstances which determine how they should be settled."

    Keywords:

    discretion; judicial review; post classification;

    Consideration 5

    Extract:

    "although the complainant was not invited to address the [review committee on classifications], his application for review of his classification was put to it. it is therefore not open to him to allege any breach of his right to a hearing, since the right does not mean that he is entitled to be heard in person."

    Keywords:

    consequence; internal appeals body; post classification; right to reply;



  • Judgment 427


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "the charge of misconduct is so preposterous and the director's eagerness, before hearing the defence to the charge, to use it as a ground for dismissal is so manifest that resentment is the only explanation. accordingly the tribunal cannot view the letter [of dismissal] as that of a man who would be able to take a detached view of the conduct of the complainant whether in relation to a disciplinary charge or to an assessment of his future usefulness to the organization." the decision is defective as vitiated by prejudice.

    Keywords:

    bias; conduct; contract; decision quashed; fixed-term; non-renewal; serious misconduct;

    Consideration 19 (B)

    Extract:

    the complainant's appointment was not renewed, that decision being contrary to the organization's interests. the tribunal awards compensation in full based on the amount he would have earned through regular contract renewal. "the complainant asks also 'that the wrongful suspension from duty should not affect his pension rights.' the tribunal is not competent to make an order in that form, but the complainant may claim compensation for loss or diminution of pension rights as for loss of salary and emoluments."

    Keywords:

    bias; competence of tribunal; contract; damages; decision quashed; fixed-term; injury; non-renewal; pension; pension entitlements; suspension;

    Consideration 19 (B)

    Extract:

    the complainant asks for "compensation 'based on the amount he would have earned through regular contract renewal'. this is not a basis usually taken in cases of non-renewal, for it has always to be remembered that in such a case a complainant has been deprived not of a contractual right but only of an expectation [...] in the present case [...] the expectation was very solid [...] in these exceptional circumstances the tribunal concludes that full financial compensation should be given on the basis claimed."

    Keywords:

    amount; contract; damages; fixed-term; legitimate expectation; non-renewal;

    Consideration 7

    Extract:

    the question of the candidacy of a staff member for the office of director of the organization must be resolved by the staff regulations. "they might forbid staff members from standing as candidates or restrict their activities if they do stand. but, in the absence of an express regulation, a staff member is entitled to think that he is bound only by those standards of propriety to be observed by the candidates generally; otherwise the electoral processes would be unfair."

    Keywords:

    candidate; conduct; duty of discretion; election; enforcement; executive head; international civil servant; staff regulations and rules;

    Consideration 18

    Extract:

    "prima facie it was in the interests of the organization that the complainant's contract should be renewed. [...] it would not be in the interests of the organization [...] that staff members who are free to run for the office of director should not also feel free to do so without fear of suffering adverse consequences. [...] it would be impossible on any objective assessment of the situation to justify as in the interests of the organization a decision to pay the complainant for six months for doing nothing rather than to give him the opportunity of making good his promise [to co-operate]. [...] the tribunal considers that on the evidence the high probability is that the complainant would have given useful and loyal service to the organization for the rest of his career."

    Keywords:

    contract; fixed-term; non-renewal; organisation's interest; presumption; special leave;

    Consideration 14

    Extract:

    a provision which stipulates that special leave may be granted with full, partial or no pay "for training or research in the interests of the bureau or for other valid reasons [...] does not give authority to the director to order special leave for any reason he considers to be valid; the reason must be advanced by the staff member and only then is the director empowered to judge its validity. the decision to 'place you on special leave' [...] must therefore be quashed".

    Keywords:

    decision quashed; discretion; executive head; grounds; purpose; special leave; training;

    Consideration 15

    Extract:

    "while a candidate who is standing against an incumbent director must be free to criticise in moderate language his opponent's record, it may well be argued, as it is in this case, that his proclaimed opposition to the director who is re-elected may interfere with fruitful co-operation. so an assessment that was objective and unprejudiced might have arrived at the same conclusion as the director's [on the basis of which the complainant's contract was not renewed]." however the tribunal held that decision to be biased.

    Keywords:

    candidate; contract; election; executive head; fixed-term; non-renewal; working relations;

    Consideration 2

    Extract:

    the reason for the decision not to renew the contract "was that the position which [the complainant] is said to have taken 'precludes all possibility of the continuation of a fruitful working relationship between yourself and the management'. this reason, on the face of it conclusive, is attacked by the complainant on the ground that the decision resulted from personal prejudice on the part of the director or from incomplete consideration by him of the facts. these grounds [taken from the staff rules] fall within the tribunal's limited power of review and are such, if they are established, as to authorise and require the tribunal to quash the main decision not to renew."

    Keywords:

    bias; conduct; contract; fixed-term; judicial review; non-renewal;

    Consideration 19 (D)

    Extract:

    "it is not a simple case of non-renewal. the complainant was the victim of a misconceived charge of misconduct of which the director pronounced him to be guilty. the letter dropping the charge contained no withdrawal or apology and was composed as if the dropping was an act of lenience [...] the illegal use of [the provision respecting special leave] made it appear as if the complainant had been summarily dismissed. [...] by these acts the complainant must have been caused deep distress. on the natural assumption that this course of action was pursued by a director exercising wisdom and impartiality the interested public would inevitably conclude that the complainant had in some way disgraced himself".

    Keywords:

    complaint allowed; contract; decision quashed; fixed-term; lack of evidence; moral injury; non-renewal; professional injury; respect for dignity; serious misconduct;



  • Judgment 426


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the pension is not of course subject to a staff assessment(*), neither is it under the convention [on the privileges and immunities of specialised agencies] exempted from national taxes."
    (*) which is deducted from pay in lieu of tax

    Keywords:

    pension; staff assessment; tax;

    Consideration 9

    Extract:

    the complainant claims reimbursement of the tax payable on a lump-sum payment from the pension fund. he relies on the principle of equality of treatment with two officials who had opted for a repayment of their own contributions and to whom the organisation reimbursed taxation payable in respect of those contributions. "the tribunal considers that there is a categorical distinction between persons who elect to take a repayment of contributions and those who elect to take a lump-sum payment in part commutation of a pension; and that the principle of equality does not require the two categories to be treated in the same way."

    Keywords:

    commutation; contributions; equal treatment; lump-sum; pension; refund; tax;

    Considerations 4 and 5

    Extract:

    the complainant's contract stated: "income tax reimbursable on paho/who earnings only". there is not in the contract nor in statutory provisions a comprehensive definition of "earnings". in its natural meaning the word covers all the emoluments and benefits paid by the employer to the staff member. "in the opinion of the tribunal 'earnings' do not, in the absence of an express provision to the contrary, include a lump-sum payment, payable not by the employer but by the fund in which the staff member has in effect invested a part of his earnings."

    Keywords:

    condition; lump-sum; refund; tax;

    Consideration 7

    Extract:

    "an official [...] is not given an acquired right, i.e. a right of which he cannot be deprived by unilateral amendment, to every benefit conferred by his contract, but only to those which are fundamental. the right to salary and to the well-established allowances, such as those for dependants, is essentially a fundamental right. but this does not mean that every item making up the salary or allowance and every detail of the process by which it is calculated are to be deemed inviolate; or that minor benefits - what are sometimes called 'fringe benefits' - are to be treated as unchangeable features of a contract that may last for 30 years or more."

    Keywords:

    acquired right; allowance; family allowance; reckoning; salary;



  • Judgment 425


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 6

    Extract:

    the tribunal decides that the complainants are entitled to be graded at the higher grade provided for in a post description and which reflects their actual duties. these descriptions, which are provisional, are binding on the organisation until amended. the organisation may review the post descriptions and return the complainants to their present grade. "such a decision would not impair their acquired rights since they are not entitled to preserve the position arising under this judgment."

    Keywords:

    acquired right; amendment; complaint allowed; decision quashed; grade; organisation's duties; post classification; post description;

    Consideration 4

    Extract:

    any administration is required to abide by the rules which it has itself made for as long as they remain in force. the post descriptions are binding on the organisation until amended.

    Keywords:

    general principle; patere legem; post description;



  • Judgment 424


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "first, if the organization grants a salary increase, not of its own accord, but as the result of appeal proceedings duly introduced by the official, the increase will take effect from the date on which the proceedings were introduced. otherwise an official who obtains satisfaction without taking action would enjoy an unfair advantage over an official who has been obliged to take steps to pursue his claim. secondly, if the transfer procedure is unreasonably prolonged for causes attributable to the organization, the official should not suffer for the delay. the increase will therefore take effect on the date on which it ought to have been granted."

    Keywords:

    date; effective date; increase; internal appeal; salary;

    Consideration 7

    Extract:

    "the complainant [...] had to wait six months for his promotion. it is immaterial whether the long and futile delay was the fault of any paho body. all that need be said is that it was entirely due to the way in which paho bodies worked and that the organization should make good the wrong by transferring the complainant with effect from the date on which he ought normally to have been transferred... the organization shall [...] pay the complainant the difference between the sums due and those actually paid to him [...] and shall correct his personnel records accordingly."

    Keywords:

    administrative delay; complaint allowed; date; decision quashed; effective date; promotion;



  • Judgment 422


    45th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant seeks to have his step-daughter recognised as his dependant on the basis of a statutory provision which stipulates that where both parents are staff members, the children shall be recognised as the dependants of that parent holding the higher level post. any child who is "de facto fully dependent upon a staff member" may be recognised as dependent. the director-general believed that so long as the wife was a staff member in receipt of child allowance, the step-child was partly dependent on her. this decision is not tainted by any flaw. the complaint is dismissed.

    Keywords:

    condition; dependant; dependent child;

    Consideration 5

    Extract:

    at issue is whether or not a child was de facto fully dependent on the complainant. such a matter falls within the discretionary authority of the director-general, since the answer depends not on the facts simpliciter but on an appreciation of the facts.

    Keywords:

    dependant; dependent child; discretion;



  • Judgment 421


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 7

    Extract:

    the staff regulations make no special provisions about the way in which a decision not to renew a contract is to be taken. the director-general had set up a working party to advise him on the matter of staff reductions. the instructions to the working party cannot in the opinion of the tribunal be read as requiring it to apply the statutory procedure appropriate to decisions concerning termination of appointment in the event of staff reductions.

    Keywords:

    abolition of post; contract; fixed-term; no provision; non-renewal; procedure; staff reduction;

    Consideration 8

    Extract:

    the director can put himself under an obligation to exercise his authority in a particular way: by the establishment of a practice on which the staff come to rely; or by an announcement by administrative circular or otherwise that in the exercise of power the director proposes to follow a specified procedure. if the director promises expressly or implicitly not to exercise his authority except in a particular way, he can bind himself, at least temporarily, not to act except in that way. the tribunal has no jurisdiction to enforce such a promise unless it is one which is intended to have a contractual effect as between the organisation and the officials.

    Keywords:

    binding character; competence of tribunal; effect; executive head; practice; promise;

    Consideration 9

    Extract:

    the tribunal concludes that an information note on the setting up of a working party did not become part of the contractual relationship between the organisation and the complainant. it is not therefore competent to consider allegations that the terms of the note were not observed. the note may have constituted an agreement between the director and the staff union, but that would not bring it within the competence of the tribunal.

    Keywords:

    binding character; competence of tribunal; contract; elements; information note; staff union agreement;



  • Judgment 420


    45th Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1 and 6

    Extract:

    in its judgment no. 274, the tribunal remitted the matter to the director-general for reconsideration so that he might, if he thought fit, reprimand the complainant for having acted in such a manner as to lead to an interruption of the proceedings of the council in committee. "the tribunal would not have thought it right to dictate to the director-general the exact form the reprimand should take, nor did the tribunal in fact do so. the terms of the letter [...] do not exceed what is proper, and in particular do not amount to a censure as distinct from a reprimand."

    Reference(s)

    ILOAT Judgment(s): 274

    Keywords:

    case sent back to organisation; reprimand;

    Consideration 4

    Extract:

    a sanction administered by the director-general ought to be signed by him personally. in the present case a reprimand was signed by the deputy director-general, who as an interested party in the matter. "when [...] a reprimand is being administered by the director-general himself and when [...] there is no exceptional urgency about its despatch, it is preferable that the document, which is to form part of the staff member's record, should bear the director-general's signature. but the tribunal does not consider that the form of signature invalidates the document."

    Keywords:

    disciplinary measure; formal flaw; formal requirements; reprimand;



  • Judgment 417


    44th Session, 1980
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    "it is unnecessary to consider whether and to what extent, if at all, the director-general could be made responsible for the acts or omissions of the staff pension committee. what is quite clear is that he can have only a limited responsibility in its decisions."

    Keywords:

    decision; executive head; liability; staff pension committee; unjspf;

    Consideration 19

    Extract:

    the tribunal believes that the complainant was expressly excluded, by his contract of employment, from participation in the pension fund. an alteration in the contract could be made only by mutual consent. the tribunal treats a letter addressed to the complainant as "an offer, which the organization was rightly confident would be accepted to remove the exclusion clause."

    Keywords:

    amendment; contract; offer; organisation; participation excluded; pension; unjspf;

    Consideration 12

    Extract:

    "it is not necessary to decide that in all circumstances and for all purposes a notice of personnel action is part of the contract of employment. on the face of it is a summary in a convenient form of what a concluded contract contains. if the form contains provisions that are not in the concluded contract, the staff member could refuse to sign it as unacceptable. if he signs it as acceptable, it must depend on the circumstances whether or not any new matter is to be treated as supplementing the [...] contract and thus becoming part of it."

    Keywords:

    amendment; contract; elements;

    Consideration 12

    Extract:

    the complainant received a form, summarising for the needs of the organisation the elements of his contract. the heading "pensions" was marked "not applicable". the complainant fulfilled the required conditions for participation in the fund; the tribunal therefore considers that the expression in question could be justified only if participation was excluded by the contract. the existing contract was silent about pension rights. the expression is "only making explicit what is implied in the contract already executed."

    Keywords:

    contract; participation excluded; pension; unjspf;

    Consideration 12

    Extract:

    a new provision as well as an [indirect] amendment to his contract allowed the participation of the complainant in a pension fund. he may not validate prior service because his earlier participation was specifically excluded under the terms of his contract of employment, such a situation having been provided for by the material provisions.

    Keywords:

    amendment; contract; participation; participation excluded; pension; unjspf; validation of service;



  • Judgment 416


    44th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    the rights that arise from the performance of duties (remuneration, promotion, guarantee of employment) are suspended until reinstatement. "reinstatement is [...] subject to two cumulative conditions: first, there must be a vacant post and, secondly, the staff member must be qualified for it."

    Keywords:

    career; compassionate leave; condition; consequence; qualifications; reinstatement; special leave; vacancy;

    Consideration 2

    Extract:

    under the applicable provision, a staff member on leave is no longer performing the duties of his former post; although he continues to be an official, the rights arising from the performance of duties [remuneration, promotion, guarantee of employment] are suspended until reinstatement in employment. according to the letter and spirit of the provision, the organisation "may use the vacant post to suit its own interests."

    Keywords:

    compassionate leave; consequence; special leave; status of complainant;

    Consideration 2

    Extract:

    the complainant failed to meet the requirements for a vacant post and lacked the necessary qualifications for a further post. the decision of the director-general not to reinstate(*) her "was therefore taken under the authority which [he] enjoys and is not tainted with any mistake of law or any other flaw."
    (*) the complainant had taken leave "on personal grounds".

    Keywords:

    compassionate leave; judicial review; qualifications; refusal; reinstatement; special leave; vacancy;



  • Judgment 415


    44th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "if [...] the post is being abolished, it does not necessarily mean that the contract can be terminated without any further consideration. the director-general must still consider whether there is any other work which the official can usefully do and which it is in the interests of the organisation that he should do."

    Keywords:

    abolition of post; organisation's duties; organisation's interest; reassignment;

    Consideration 6

    Extract:

    it is not open to the director-general to substitute another preference for that expressed in the staff regulations for "persons already in the service [...] to do so is beyond his lawful powers. [...] the regional director in deciding not to extend the complainant's contract on the ground that her post was abolished, failed to take into consideration the other posts that were or should have been open to her and for which she should have been given preference."

    Keywords:

    abolition of post; contract; fixed-term; non-renewal; organisation's duties; priority; reassignment;

    Consideration 5

    Extract:

    the complainant's post was abolished and she was not offered two vacant posts. the tribunal draws the inference "that the continuation of her own work was not offered to the complainant (who would have accepted it, although at a lower grade) with the consequent renewal of her contract, because a decision had already been taken not to extend her contract on the grounds of her nationality."

    Keywords:

    abolition of post; contract; fixed-term; grounds; nationality; non-renewal;

    Consideration 7

    Extract:

    the complainant's post was abolished and her contract was not renewed. the staff regulations stipulate that preference should be given to "persons already in the service" but the complainant was denied the benefit of such preference. "she has not been deprived of any contractual rights to salary or pension, but only of expectation of further employment. the tribunal considers that the appropriate award of compensation is 8,000 swiss francs."

    Keywords:

    abolition of post; amount; complaint allowed; contract; damages; decision quashed; fixed-term; legitimate expectation; non-renewal; organisation's duties; priority; reassignment;



  • Judgment 414


    44th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "although such a change is not expressly provided for in any text, it is by no means precluded. there is nothing to prevent an official who has left the organisation for some reason or other from being reappointed and it is therefore equally admissible to replace one kind of appointment with another."

    Keywords:

    amendment; contract; duration of appointment; fixed-term; permanent;

    Consideration 4

    Extract:

    the organisation experienced financial difficulties and reduced the number of posts. efforts were made to reassign the complainant, whose contract without limit of time had been replaced by a fixed-term appointment. the "lack of success [of these efforts] does not mean that the [organisation] failed in its obligations. indeed it was only to be expected in the circumstances. [...] there is no evidence to suggest that it appointed staff members less well qualified than he to duties which might have suited him."

    Keywords:

    abolition of post; amendment; budgetary reasons; contract; duration of appointment; fixed-term; organisation's duties; permanent; reassignment; staff reduction;

    Consideration 2

    Extract:

    the complainant had a choice between two solutions: either to go ahead with the internal procedure or to enter into a fixed-term contract. he was able to make his choice freely and was not subject to any pressure. "the most that can be said is that there would have been duress had the [organisation] declared a fictitious abolition of the complainant's appointment without limit of time in order to make him consent to a fixed-term appointment. but it did not do so. the abolition of his permanent post formed part of a real reorganisation and was no mere pretext.

    Keywords:

    abolition of post; acceptance; amendment; complainant; contract; duration of appointment; fixed-term; offer; organisation; waiver of right of appeal;



  • Judgment 412


    44th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the material provision empowers the director-general at his discretion to authorise officials to work half-time. "the reasons given for the application should be well founded, but this is not the only [requirement]: [...] the authorisation to work half-time should be fully in the interests of the [organisation]. in other words the director-general enjoys wide discretion: he will exercise it first and foremost in the light of what the [organisation's] interests demand."

    Keywords:

    discretion; executive head; grounds; organisation's interest; part-time employment; request;



  • Judgment 411


    44th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the obligation of the organization [...] is to do all that is practicable to see that a staff member is given work and responsibility appropriate to his grade."

    Keywords:

    assignment; grade; organisation's duties;

    Consideration 5

    Extract:

    the chief element in the compensation to which complainant is entitled is the loss of the enjoyment of his job. "true, the new job was a 'comedown' and as such might have damaged him professionally if the damage had not already been done by the events recorded in judgment no. 361: for such damage compensation has been paid."

    Reference(s)

    ILOAT Judgment(s): 361

    Keywords:

    damages; injury; professional injury; transfer;

    Consideration 7

    Extract:

    the complainant asks for the rescission of the assignment in question. "since the complainant has now resigned from the organization, the organization submits that no purpose would be served by quashing the [...] assignment. however, the complainant protested strongly at the time against the assignment as unworthy of him and he is entitled to the formal order if he wishes it."

    Keywords:

    application for quashing; assignment; cause of action; separation from service; transfer;

    Consideration 6

    Extract:

    "the complainant is being compensated, not for the lack of a worthwhile job - the organization does not guarantee that - but for the slackness and delay on the part of the administration in looking for one for him."

    Keywords:

    administrative delay; assignment; complaint allowed; decision quashed; injury; transfer;



  • Judgment 410


    44th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the complainant was issued a reprimand without it being ascertained what explanation or excuse he might have to give. it is not possible to ignore the alleged misconduct of the regional director. "the director-general must be allowed the widest possible discretion in deciding how to handle incidents of this sort. if he had decided against any formal disciplinary proceedings against either of the parties, his decision would have beyond criticism. but a decision to reprimand one party while leaving the case against the other unconsidered is open to question."

    Keywords:

    adversarial proceedings; censure; disciplinary measure; disciplinary procedure; flaw; right to reply;

    Consideration 9

    Extract:

    the tribunal quashed the decision to reprimand the complainant because it was not based on a complete consideration of the facts. "the complainant asks for an order for compensation and costs. since however the tribunal considers that the complainant's conduct, whether or not deserving of a reprimand, was improper, such an order would not be appropriate."

    Keywords:

    censure; complaint allowed; conduct; costs; decision quashed; disciplinary measure; disregard of essential fact; no award of costs;

    Consideration 6

    Extract:

    "an incident of this sort between a p.6 officer and a regional director does not just explain itself [...] it was essential for the director-general to ascertain what explanation or excuse the complainant had to give. it cannot be said that it would inevitably have been unacceptable, since the [appeals] board, which characterised the complainant's conduct as 'not proper', none the less recommended that the reprimand should be withdrawn."

    Keywords:

    censure; conduct; disciplinary measure; inquiry; organisation's duties;



  • Judgment 406


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    in the circumstances of the case, it appears to be natural that the appointment should not be renewed. in his submissions the complainant offers no proof of prejudice or illegality. the material "may or may not be such as would give the complainant a remedy for breach of contract. but its only relevance to a complaint of non-renewal is to show that the relationship between the parties was such that it could not conceivably be in the interests of the organization to continue it."

    Keywords:

    contract; fixed-term; non-renewal; organisation's interest;

    Considerations

    Extract:

    there is provision for the possibility of an extension and an expert, "whose assignment has run smoothly and for whom the circumstances show a continuing need, is entitled to expect that [...] an unprejudiced decision will be taken in the interests of the organisation. this does not mean that the organisation is required to justify a non-renewal as if it was an interference with a contractual right."

    Keywords:

    contract; fixed-term; legitimate expectation; non-renewal; organisation's duties; organisation's interest; project personnel;



  • Judgment 405


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "although the delay in preparing the complainant's annual reports was unfortunate, it does not taint those reports with any impropriety, especially since it caused the complainant no wrong."

    Keywords:

    administrative delay; injury; lack of injury; performance report;

    Consideration 2

    Extract:

    "that [the reports] were less favourable than the ones written by [a] predecessor is no proof of any prejudice against the complainant."

    Keywords:

    bias; different appraisals; evidence; performance report; work appraisal;

    Consideration 1

    Extract:

    it appears from the dossier that "the sole reason for the action taken with regard to the complainant [change of duties] was the desire of the chief of the department to employ his subordinates more efficiently. the tribunal will not review the supervisor's appraisal of the complainant's performance provided that [...] he acted solely in the interests of the organisation."

    Keywords:

    amendment; assignment; discretion; judicial review; organisation's interest; work appraisal;

    Consideration 1

    Extract:

    "provided that he does not alter the grade, reduce the salary or show lack of consideration, the director-general is free to assign provisionally to staff members the duties of officials holding a lower grade if that is in the organisation's interests."

    Keywords:

    assignment; discretion; organisation's duties; organisation's interest;



  • Judgment 404


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1 (D)

    Extract:

    no provision provides for converting an appointment of indeterminate duration into a fixed-term one. "there is neither any general principle of law nor any provision of the staff regulations nor any term of her contract of appointment which precludes such a change of status."

    Keywords:

    amendment; contract; duration of appointment; fixed-term; no provision; permanent;

    Consideration 6

    Extract:

    the director-general stated that he would inquire into the truth of the alleged assurances given to the complainant. "that was a conciliatory gesture, and it meant neither the continuation of her earlier appeal nor the introduction of a new one. [...] since the action he intended was informal, [the director-general] was under no duty to give the complainant an opportunity to comment on the outcome. that she was not allowed to give evidence in the course of the inquiry therefore constituted no breach of the right to a hearing."

    Keywords:

    contract; executive head; inquiry; promise; right to reply;

    Consideration 2

    Extract:

    "there was one consideration which alone warranted the non-renewal of her appointment. that was the organisation's straitened financial circumstances [...] which required a reduction in staff. it was no abuse of authority for the director-general to decide that, of those whose appointment the organisation was considering terminating, the choice should fall on the complainant: she held a fixed-term appointment and had received less satisfactory performance reports than other members of the staff."

    Keywords:

    budgetary reasons; contract; fixed-term; grounds; non-renewal; staff reduction; unsatisfactory service;

    Consideration 4

    Extract:

    "the complainant maintains that the organisation was remiss in facilitating her transfer to some other international organisation. her plea can succeed only if the organisation was under a duty to find for her or help her to find other employment. it was not".

    Keywords:

    duty of care; fixed-term; non-renewal; organisation's duties; transfer;

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90 | next >


 
Last updated: 26.05.2015 ^ top