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Extension (309,-666)

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Keywords: Extension
Total judgments found: 110

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  • Judgment 4089


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend her appointment beyond the statutory retirement age.

    Consideration 7

    Extract:

    [I]t was open to the Director General to view the complainant’s conduct giving rise to and the subsequent conduct in relation to the judgment debt as falling short of the standards demanded of international civil servants. Accordingly, and subject to the various legal arguments of the complainant, it was open to the Director General to conclude it was not in the interests of the Agency to extend the complainant’s appointment beyond the mandatory retirement age.

    Keywords:

    age limit; conduct; discretion; extension; organisation's interest; retirement; staff member's duties;

    Consideration 8

    Extract:

    [T]he Tribunal has said of the power to extend an appointment beyond retirement age (in relation to the IAEA) that “the decision whether or not to grant [such] an extension to any particular staff member is peculiarly a matter for the exercise of the Director General’s discretion. The Tribunal will only interfere with such exercise on very limited grounds” (see Judgment 2377, consideration 4) and, in the context of another organisation, that “[s]ince the career of a member of staff normally ends automatically when that person reaches retirement age, any such prolongation is, by definition, an exceptional measure” (see Judgment 3285, consideration 9).

    Reference(s)

    ILOAT Judgment(s): 2377, 3285

    Keywords:

    age limit; competence of tribunal; discretion; executive head; extension; judicial review; retirement;

    Consideration 16

    Extract:

    [T]he case law of the Tribunal establishes that “[e]ven though colleagues of the complainant’s thought him suitable and recommended extending his appointment, the decision was not theirs to make” (see Judgment 1038, consideration 4). While those observations concerned the extension of an appointment (without an impending retirement), they are apt to apply in a case such as the present.

    Reference(s)

    ILOAT Judgment(s): 1038

    Keywords:

    age limit; analogy; discretion; extension; retirement;

    Judgment keywords

    Keywords:

    age limit; extension; retirement;



  • Judgment 4068


    127th Session, 2019
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to extend his appointment beyond the seven-year tenure.

    Judgment keywords

    Keywords:

    extension; non-renewal of contract;



  • Judgment 4067


    127th Session, 2019
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to extend his contract.

    Judgment keywords

    Keywords:

    extension; non-renewal of contract;



  • Judgment 3996


    126th Session, 2018
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to investigate her claim of harassment, the decision to permanently transfer her and the decision to offer her an extension of appointment in her new position.

    Judgment keywords

    Keywords:

    extension; harassment; transfer;



  • Judgment 3970


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to prolong his service beyond the mandatory retirement age.

    Consideration 7

    Extract:

    Neither of the grounds underlying the decisions of the President of the Office can be accepted as a legitimate justification for the rejection of the complainant’s request for his service to be prolonged. This rejection was therefore tainted by an obvious error of judgement.
    The Tribunal notes that this flaw is particularly unacceptable given that the Selection Committee had issued a proposal favourable to the complainant’s request. That proposal was based on sound reasoning and emphasised, in addition to the complainant’s profound competence, the service’s interest in retaining him in view of the particular need of the boards of appeal for expertise in his specific field. Considering that proposal, the President ought to have at least provided adequate justification for his own position.

    Keywords:

    age limit; extension; grounds; retirement;

    Consideration 2

    Extract:

    The Tribunal has consistently held that a decision to retain an official beyond the normal retirement age is an exceptional measure over which the executive head of an organisation exercises wide discretion. Such a decision is therefore subject to only limited review by the Tribunal, which will interfere only if the decision was taken without authority, if a rule of form or procedure was breached, if it was based on a mistake of fact or of law, if an essential fact was overlooked, if a clearly mistaken conclusion was drawn from the facts, or if there was abuse of authority (see, for example, Judgments 1143, under 3, 2845, under 5, or 3765, under 2, and, specifically in respect of the application of Article 54 of the Service Regulations to members of boards of appeal, Judgments 3214, under 12, and 3285, under 10).

    Reference(s)

    ILOAT Judgment(s): 1143, 2845, 3214, 3285, 3765

    Keywords:

    age limit; discretion; extension;

    Considerations 13-14

    Extract:

    The complainant also claims compensation for the material injury arising from the fact that he was informed too late of the dismissal of his request for a prolongation of his service to be able to cancel in a timely fashion the lease on his accommodation and the related telephone and Internet subscriptions.
    It must be observed in this respect that the procedure for considering requests by members of boards of appeal for a prolongation of service prescribed by Communiqué No. 2/08 of 11 July 2008 does not specify an exact time limit in which the competent authority must decide on a request submitted to it. Moreover, since such a request can be granted only on the condition that a prolongation of service is in the interest of the service, a decision can logically be taken only on a date sufficiently close to that on which the employee concerned will reach normal retirement age for that authority to be in a position to make an informed assessment of the advisability of such a prolongation in the light of that criterion (see [...] Judgment 3214, under 16).
    Nevertheless, it is incumbent on the Organisation, in view of its duty of care towards its employees, to ensure that members of boards of appeal who submit requests for their service to be prolonged are informed of the outcome thereof sufficiently far in advance to enable them to make adequate arrangements for their personal lives after they attain normal retirement age.
    [...]
    In this case, the complainant was not informed of the rejection of his request until 21 October 2014, 40 days before he was retired on 30 November.
    The evidence makes it plain that this did not allow him to terminate the lease for his accommodation and the abovementioned subscriptions in a timely fashion. [...] The EPO will therefore be ordered to pay the complainant the sum, in the duly substantiated amount of 2,005 euros, which he claims as compensation for the material injury which he suffered under this head.

    Reference(s)

    ILOAT Judgment(s): 3214

    Keywords:

    age limit; delay; extension; material damages; refusal;

    Judgment keywords

    Keywords:

    age limit; extension; refusal;



  • Judgment 3960


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision in which the Administrative Council decided to further maintain his suspension while reducing his salary by half until a final decision had been made in his case.

    Judgment keywords

    Keywords:

    extension; reinstatement; suspension;



  • Judgment 3939


    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 extend his appointment beyond the statutory retirement age.

    Consideration 3

    Extract:

    As the Tribunal has consistently held, a decision to retain an official beyond the normal retirement age stipulated in a provision of this kind is an exceptional measure over which the executive head of an organisation exercises wide discretion. Such a decision is therefore subject to only limited review by the Tribunal, which will interfere only if the decision was taken without authority, if a rule of form or procedure was breached, if it was based on a mistake of fact or of law, if an essential fact was overlooked, if a clearly mistaken conclusion was drawn from the facts, or if there was abuse of authority (see, for example, Judgments 1143, under 3, 2845, under 5, 3285, under 10, or 3765, under 2).

    Reference(s)

    ILOAT Judgment(s): 1143, 2845, 3285, 3765

    Keywords:

    age limit; discretion; extension; judicial review;

    Consideration 12

    Extract:

    The complainant [complains] that [...] the Organization took more than three months to reply to his request for an extension of his appointment. [...]
    It is true that the Organization was nevertheless bound to reply to this request within a reasonable period of time. However, while it would have been preferable in this case that a decision was taken sooner, UNESCO cannot be deemed to have disregarded this requirement, as the decision containing the reply was taken one month before the complainant reached the statutory retirement age and he does not contend that it was adopted too late for him to make adequate arrangements for his private life after he had attained the normal retirement age.

    Keywords:

    age limit; extension; moral injury; reasonable time;



  • Judgment 3934


    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 transfer him and not to extend his appointment beyond the statutory retirement age.

    Consideration 9

    Extract:

    It should be borne in mind that [...] an extension beyond the statutory retirement age, which is an exceptional measure over which the Director-General exercises broad discretion, may be granted only if, in the words of Staff Regulation 9.5, the latter “considers it to be in the interest of the Organization”.

    Reference(s)

    Organization rules reference: Staff Regulation 9.5

    Keywords:

    age limit; discretion; extension; retirement;

    Consideration 10

    Extract:

    Indeed, although differences in treatment with regard to extensions of appointment beyond the statutory retirement age may certainly be justified by the particular circumstances of individual cases, the Tribunal cannot but note that other staff of the Office benefited at that time from the rather liberal use that was being made of the discretion to grant extensions, which is in stark contrast to the rigorous examination to which the complainant’s request was subjected.

    Keywords:

    age limit; equal treatment; extension;



  • Judgment 3728


    123rd Session, 2017
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the abolition of her post and the non-renewal of her fixed-term contract.

    Consideration 5

    Extract:

    The complainant appears to argue that the fact that she was informed on 31 May 2013 that her appointment was to be extended by a further three months also contravened Staff Rule 104.5. However that provision is cast in terms of what “normally” should occur by way of notification of an extension and thus accommodates exceptions. There was no contravention of this provision when the complainant was informed at the expiry of her appointment that it would be extended for a further three months. That extension was plainly intended to benefit the complainant (see, for example, Judgment 3582, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 3582

    Keywords:

    extension;



  • Judgment 3546


    120th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the principle of extending the active service of a staff member beyond the age of 65 and the terms thereof.

    Judgment keywords

    Keywords:

    age limit; extension; retirement;



  • Judgment 3521


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his request for a two-year prolongation of service beyond retirement age.

    Judgment keywords

    Keywords:

    age limit; extension; organisation's interest; retirement;



  • 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:

    contract; extension; performance evaluation; report;



  • Judgment 3441


    119th Session, 2015
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that UNIDO breached its duty of care, good faith and mutual trust to the complainant.

    Judgment keywords

    Keywords:

    extension; fixed-term; joinder; recovery of overpayment;



  • Judgment 3317


    117th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to prolong his service beyond the normal retirement age.

    Judgment keywords

    Keywords:

    age limit; extension; retirement;



  • Judgment 3316


    117th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to prolong his service beyond the normal retirement age.

    Judgment keywords

    Keywords:

    age limit; extension; retirement;



  • Judgment 3285


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In his first complaint, the complainant impugns the decision denying him an extension of employment beyond the age of 65. By his second complaint, he seeks to challenge the appointment of his successor.

    Judgment keywords

    Keywords:

    age limit; extension; retirement;



  • Judgment 3264


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision not to renew her contract after an extension of her probationary period and is granted damages.

    Judgment keywords

    Keywords:

    breach; confidential evidence; decision; disclosure of evidence; discretion; due process; duty to inform; extension; general principle; good faith; judicial review; non-renewal of contract; organisation's duties; performance report; probation; procedural flaw; respect for dignity; right to reply; unsatisfactory service; work appraisal;



  • Judgment 3257


    116th Session, 2014
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenged the decision to offer him a one-year extension of his fixed-term contract rather than the two-year extensions he had previously received.

    Considerations 11 and 12

    Extract:

    "These facts were significant as they highlight the need for reasons in this case because these circumstances impacted the complainant’s ability to assess whether he should have accepted the offer of the one-year extension of his contract and whether he should challenge the decision.
    It is also significant that the complainant was reminded of the deadline [...], when he had not yet received the explanation. Additionally, it was in the letter [...], which included the explanation, that the Executive Secretary informed the complainant that his contract would expire [...] because he had failed to accept the offer of extension. The Tribunal therefore finds that the decision to offer the one-year extension to the complainant was flawed by the failure of the Administration to provide a timely explanation for that decision."

    Keywords:

    case law; contract; decision; duration of appointment; extension; flaw; notice; offer; termination;

    Judgment keywords

    Keywords:

    breach; contract; decision; discretion; extension; fixed-term; offer; performance report; procedural flaw; staff regulations and rules; terms of appointment;



  • Judgment 3243


    115th Session, 2013
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the Notice of Personnel Action extending her fixed-term appointment.

    Judgment keywords

    Keywords:

    extension; fixed-term;



  • Judgment 3237


    115th Session, 2013
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant considers that the Organization has failed to give him due notice and contests the decision not to extend his appointment.

    Judgment keywords

    Keywords:

    extension; notice;

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Last updated: 19.09.2019 ^ top