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Keywords: Contract
Total judgments found: 428
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Judgment 4675
136th Session, 2023
International Office of Epizootics
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the reclassification of her employment relationship and the consequential regularisation of her pension entitlements.
Consideration 8
Extract:
[T]he complainant submits in this regard that, at certain times, she had to work without a written contract of appointment.
[T]he Tribunal considers that employing the complainant under mere oral contracts was objectively unlawful. While, as WOAH points out, the case law does acknowledge that the appointment of an official by an organisation can be recognised even in the absence of a written contract, it cannot be inferred therefrom that the employment relationship thus created is necessarily lawful.
Keywords:
contract;
Judgment 4624
135th Session, 2023
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant takes issue with the type of contract successively awarded to her by the ILO and seeks adequate compensation for the injury she considers she has suffered.
Judgment keywords
Keywords:
complaint dismissed; contract; terms of appointment;
Consideration 4
Extract:
In respect of the injury that purportedly resulted from the unlawful use of technical cooperation contracts renewed several times, the Tribunal notes that, even supposing that it was unlawful to extend the technical cooperation contract after a given date, that alone does not suffice to establish that the complainant was entitled to have her employment contract converted into a contract funded from the Organization’s regular budget. Paragraph 12 of aforementioned Office Procedure IGDS Number 16, in any event, provides only for the conversion of positions such as that held by the complainant to regular budget positions “progressively and where feasible”. However, the Organization asserts, without being effectively contradicted by the complainant, that such a conversion was not possible in this case owing, in particular, to the lack of budgetary resources available for that purpose.
Keywords:
allowance; contract; prejudice;
Consideration 5
Extract:
[T]he Tribunal cannot see how the fact that the complainant was appointed under a technical cooperation contract had a considerable impact on the extent of the injury to her health she submits she has suffered.
Keywords:
contract; health; prejudice;
Judgment 4619
135th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to place her on a roster.
Consideration 8
Extract:
[T]he Tribunal considers it useful to reiterate that, under their terms of appointment and the applicable staff rules in an international organisation, all staff members who apply to be placed on a roster with a view to future appointment to a vacant post are entitled to have their applications considered in good faith and in keeping with the basic rules of fair and open competition (see, by analogy, Judgment 4524, consideration 8, and the case law cited therein). The Organization is therefore wrong to contend that the complainant’s challenge to the decision not to place her on a roster in compliance with the Organization’s guidelines on creating and maintaining rosters is not based on her terms of appointment or staff rules.
Reference(s)
ILOAT Judgment(s): 4524
Keywords:
cause of action; contract; roster; selection procedure;
Judgment 4618
135th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the outcome of two selection procedures in which she took part.
Consideration 8
Extract:
In view of the Organization’s arguments in its submissions, the Tribunal considers it useful to reiterate that, under the terms of their appointment and the applicable staff rules within an international organisation, all staff members who apply for posts in competitive procedures are entitled to have their applications considered in good faith and in keeping with the basic rules of fair and open competition (see, for example, Judgment 4524, consideration 8, and the case law cited therein). The Organization is therefore wrong to contend that the complainant’s challenge to the outcome of the competitions in question is not based on the terms of her appointment or the staff rules.
Reference(s)
ILOAT Judgment(s): 4524
Keywords:
cause of action; competition; contract;
Judgment 4550
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the “social democracy” reform introduced by decision CA/D 2/14 and implemented in particular by Circular No. 356.
Consideration 4
Extract:
[A]s the Tribunal has already stated on several occasions, staff members of an international organisation enjoy the right to association freely and there is an implicit clause in their contract of employment compelling the organisation to respect that right (see, in particular, Judgments 496, consideration 6, 3414, consideration 4, and 4482, consideration 5).
Reference(s)
ILOAT Judgment(s): 496, 3414, 4482
Keywords:
contract; freedom of association; terms of appointment;
Judgment 4458
133rd Session, 2022
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the setting aside of the information circular which, according to her, announced the closure of the UNESCO Commissary.
Considerations 7 and 10
Extract:
The Commissary – which in 1958 lost its previous status, granted in 1949, as a cooperative society – was undoubtedly an integral part of the UNESCO Secretariat, and the aforementioned provisions in its regard appeared in the Administrative Manual until they were removed by the contested circular. However, in the absence of any reference to this facility in the employment contracts of UNESCO officials or the provisions of the Staff Regulations, this does not imply that entitlement to use the Commissary’s services may be regarded as a term of employment the alteration of which can be challenged before the Tribunal.
[...]
Lastly, the Tribunal observes that it is unsurprising that access to the UNESCO Commissary is not one of the benefits granted to staff members listed in their employment contracts or the Staff Regulations. Indeed, from the time of its creation, and despite the fact that this occurred against the backdrop of the consumer goods shortage prevailing in France at the time owing to the economic devastation wreaked by the Second World War, entitlement to use the Commissary’s services was not conceived as a term of employment of UNESCO staff but merely as a facility offered with a view to enabling them – in the words of the resolution adopted by the General Conference in September 1947 on this matter – to “improve [their] living conditions” by obtaining items necessary for their “personal comfort”. In the decades that followed, and until the closure of the Commissary, the fact that it existed merely as a facility became all the more obvious as the supply problems that had originally justified its establishment disappeared. It should also be noted that the opportunity to join the Commissary was not restricted to serving UNESCO staff members, since it was also open, inter alia, to former UNESCO staff members, members and staff of permanent delegations to UNESCO and officials of the United Nations and specialised agencies assigned to Paris, which confirms that this benefit was not conceived as a term of employment attaching to the status of UNESCO staff member.
Keywords:
conditions of service; contract; facilities;
Judgment 4333
131st Session, 2021
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her effective entry on duty (EOD) date under a fixed-term appointment.
Judgment keywords
Keywords:
complaint allowed; contract; decision quashed; entry on duty;
Judgment 4149
128th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish his post and to place him on special leave with pay until the expiry of his fixed-term appointment.
Consideration 13
Extract:
If a member of staff is, under the Staff Regulations and Staff Rules, entitled to be considered for reassignment, a bare contractual provision which limits, qualifies or removes that right has no legal effect. The Tribunal has recently said in Judgment 4018, consideration 7, that “a clause [of a contract of employment] which, as is the case here, contravenes the staff rules and regulations is unlawful and therefore cannot apply, even if the contracting parties clearly intended it to do so”.
Reference(s)
ILOAT Judgment(s): 4018
Keywords:
contract; reassignment;
Judgment 4086
127th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to maintain her contested job description.
Consideration 13
Extract:
[T]he alleged failure to provide the subject job description [did not] amount to constructive dismissal, as WIPO did not thereby breach the complainant’s contract in such a way as to indicate that it would no longer have been bound by it (see, for example, Judgment 2745, under 13).
Reference(s)
ILOAT Judgment(s): 2745
Keywords:
constructive dismissal; contract; post description;
Judgment 4037
126th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of her temporary appointment.
Judgment keywords
Keywords:
complaint allowed; contract; decision quashed; non-renewal of contract; short-term;
Judgment 4018
126th Session, 2018
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision no longer to pay him an expatriation allowance.
Consideration 6
Extract:
It is plain from the evidence in the file that the clause providing for the granting of the expatriation allowance to the complainant was deliberately included in the letter of appointment by the signatory parties and was not the result of a mere administrative error, as Eurocontrol now tries to argue.
The complainant has produced an exchange of emails with the Head of the Engineering Division which unambiguously prove that his recruitment was preceded by negotiations precisely concerning the granting of the expatriation allowance and that the Eurocontrol Administration had agreed to grant him this benefit in order that his remuneration would remain similar to that which he had previously received in the private sector. [...]
Similarly, Eurocontrol’s argument that the complainant’s letter of appointment did not explicitly refer to an agreement between the parties on this subject “notwithstanding the rules and regulations” does not mean that no such informal agreement existed, since it is hardly likely that an organisation would wish to draw attention in a contract to the unlawful nature of one of the clauses thereof.
In view of the foregoing, the Tribunal will not accept the Organisation’s submission that the clause providing for the benefit in question was inserted into the complainant’s contract solely as a result of an accidental error in applying Article 4(1) of Rule of Application No. 7. In this connection, the Organisation explains that the Administration of the Maastricht Centre wrongly believed that the complainant’s services while he was placed at the disposal of Eurocontrol by private companies prior to his recruitment should be regarded as services for an international organisation within the meaning of Article 4(1), and that they were therefore not to be taken into account when determining whether he was entitled to receive the expatriation allowance. In view of the evidence on file, the Tribunal is of the opinion that, at best, the purpose of this somewhat surprising alleged misunderstanding was to contrive a reason for granting the complainant a benefit which the Organisation had purposefully decided to give him, in breach of the applicable text, in order to be able to offer him a level of remuneration which would persuade him to accept his appointment.
Keywords:
clerical error; contract; intention of parties;
Considerations 7-8
Extract:
[A]n international organisation cannot lawfully conclude an employment contract containing a clause that is contrary to its existing staff rules and regulations. The organisation must abide by the provisions it has itself laid down and they therefore take precedence over the clauses of contracts concluded between it and its officials (see, for example, Judgments 1634, under 19, or 2097, under 10).
It follows that a clause which [...] contravenes the staff rules and regulations is unlawful and therefore cannot apply, even if the contracting parties clearly intended it to do so. Were that not the case, an organisation could evade compliance with its staff regulations on a case-by-case basis, which would seriously undermine the legal framework to which they belong and, in particular, would breach the principle of the equal treatment of officials. [...]
It is useful to compare this dispute with that which gave rise to Judgment 3483, in which an official’s employment contract made provision for the granting of a benefit which was not mandatory under the Staff Regulations and which the organisation concerned did not intend to pay. Although, in the latter case, the Tribunal found that the disputed contractual clause had to be applied, it did so after expressly noting in consideration 8 of that judgment that the clause had not been unlawfully included in the complainant’s contract, since a provision of the organisation’s rules permitted the granting of the allowance in question to staff members in the position of the official in question. In this case, on the other hand, there was no provision permitting Eurocontrol to grant the complainant an expatriation allowance.
Reference(s)
ILOAT Judgment(s): 1634, 2097, 3483
Keywords:
contract; precedence of rules; staff regulations and rules;
Consideration 14
Extract:
[B]y deliberately including in the complainant’s letter of appointment, albeit at his request, a clause stipulating that he would receive the expatriation allowance, although he could not lawfully claim it, Eurocontrol indisputably acted wrongly. Moreover, the subsequent decision to withdraw this benefit, which had been unlawfully granted to the complainant, who wrongly thought he was entitled to it and who had no doubt viewed it as an essential condition when he had decided to accept his appointment, caused him serious injury stemming primarily from that wrongful act.
The complainant therefore has reason to claim, as he does subsidiarily in his complaint, that this injury should be redressed by ordering the Organisation to pay him damages.
Keywords:
contract; damages;
Judgment 4016
126th Session, 2018
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to extend his appointment beyond the mandatory retirement age.
Judgment keywords
Keywords:
complaint dismissed; contract; extension beyond retirement age; retirement;
Judgment 3938
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to confirm her appointment due to the rejection of her application for a work visa by the authorities of the country of her duty station.
Judgment keywords
Keywords:
appointment; competence of tribunal; complaint dismissed; contract; host state; non official; offer withdrawn; ratione personae; receivability of the complaint;
Judgment 3845
124th Session, 2017
African, Caribbean and Pacific Group of States
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment at the end of his probationary period.
Consideration 7
Extract:
The complainant agreed quite freely to sign the new contract including the clause which he now alleges is unlawful, and it was not unjustified, to say the least, to stipulate a trial period, given that the newly agreed appointment was for a period of just over six years.
Keywords:
contract; probationary period;
Judgment 3489
120th Session, 2015
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision that his 2010 Performance Review Report shall be redone from the beginning and that a decision regarding an amendment to his contract extension from three to five years will be contingent on the outcome of the new Report.
Judgment keywords
Keywords:
complaint allowed; contract; decision quashed; extension of contract; performance evaluation; report;
Judgment 3483
120th Session, 2015
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the FAO’s decision not to pay her a daily subsistence allowance during her appointment in Rome.
Consideration 9
Extract:
"[T]he trite and consistent principle [is] that a written contract or a provision therein may be revoked or amended for error or mistake where the minds of the parties meet in agreement that what is expressly provided does not reflect their real intention."
Keywords:
contract;
Consideration 1
Extract:
"The Tribunal has often stated that the function of a court of law is to interpret and apply a contract in accordance with the real intention of the parties as expressed in the language of the contract. It is basic principle that when a term of employment is clear and unambiguous the parties are bound by that term unless there is evidence that warrants looking behind the mere wording of the text to ascertain the parties’ real intention (see, for example, Judgment 1385, under 12). The Tribunal has also stated that where any term of employment is expressed in writing, the intention of the parties is to be ascertained from the documents that are produced. A contract or term therein may be vitiated or varied if there is overwhelming evidence that the parties had a contrary intention to that which is expressed in the text (see, for example, Judgment 1634, under 21)."
Reference(s)
ILOAT Judgment(s): 1385, 1634
Keywords:
contract; interpretation;
Judgment 3449
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal cancelled the disputed competitions because the ILO rendered the recruitments unlawful.
Consideration 3
Extract:
"[T]he complainant also acted in his capacity as Chairperson of the Staff Union Committee of the Office. According to the case law, members of a staff committee may bring a complaint to preserve common rights and interests, these being understood to mean enforceable legal rights and interests derived from terms of appointment or under Staff Regulations which have not necessarily been breached in respect of the member of the staff committee who files a complaint with the Tribunal.
In order for a complaint submitted on behalf of a staff committee to be receivable, it must allege a breach of guarantees which an organisation is legally bound to provide to staff who are connected to it by an employment contract or who have the status of officials. This condition is a sine qua non for the Tribunal’s jurisdiction (see Judgment 3342, under 10, and the case law cited therein)."
Reference(s)
ILOAT Judgment(s): 3342
Keywords:
competence of tribunal; contract; locus standi; staff representative;
Judgment 3362
118th Session, 2014
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to renew his short-term contract and not to advertise his post.
Consideration 16
Extract:
"[I]t is clear from the actual wording of Rule 9.E a) of the Staff Rules applicable to staff members engaged for conferences and other short-term service, expressly reproduced in that contract, and from the consistent case law of the Tribunal, that a short term contract ordinarily ends automatically, without prior notice, on the expiration date of the period for which it was concluded. It is true that, according to the case law, an international organisation is nevertheless obliged to give a reasonable period of prior notice where a staff member has been employed continuously under such contracts for a period of time exceeding that which corresponds to a purely temporary assignment (see Judgments 2104, under 6, and 2531, under 9)."
Reference(s)
ILOAT Judgment(s): 2104, 2351
Keywords:
contract; non-renewal of contract; notice; short-term;
Judgment 3282
116th Session, 2014
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.
Judgment keywords
Keywords:
breach; compensation; complaint allowed; contract; decision quashed; duty of care; flaw; material injury; moral injury; non-renewal of contract;
Judgment 3262
116th Session, 2014
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who applied for the position of Legal Advisor, was offered the post, but at a grade lower than that at which it was advertised.
Judgment keywords
Keywords:
acceptance; appointment; candidate; compensation; contract; grade; moral injury; offer; offer withdrawn; post; respect for dignity;
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