DURATION OF APPOINTMENT
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Keywords: DURATION OF APPOINTMENT
Total judgments found: 257
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Judgment 3159
114th session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9, 19 and 20
Extract:
"The terms of Staff Rule 1050.2 are clear. They impose a duty on the Organization in specified circumstances. The duty is to use reasonable efforts to reassign a staff member whose post is being abolished. The specified circumstances are, as to a staff member on a fixed-term appointment, that the staff member has served “for a continuous and uninterrupted period of five years or more”. The expression “continuous and uninterrupted” fairly emphatically focuses attention on service of a particular character. There is no basis in the language of the Staff Rule to treat its operation as ambulatory in the sense that a person who has been on a fixed-term appointment but has not served in that capacity for a continuous and uninterrupted period of at least five years is nonetheless a person to whom the Organization, by operation of the Rule, is under a duty to make reasonable efforts to reassign. [...] However, a staff rule cast in terms of Staff Rule 1050.2 does not preclude the possibility that the Organization is under a duty requiring proactive conduct in circumstances not comprehended by the Rule itself. WHO does not put in issue that there is a general duty of loyalty, as the complainant contends. What might be required of an organisation in broadly similar circumstances was considered by the Tribunal in Judgment 2902. [...] The same reasoning can be applied in the present case. The complainant and WHO found it mutually acceptable, and with benefits accruing to both, for the complainant to be employed on a series of short-term appointments for much of the complainant’s employment. But the complainant nonetheless had worked, in a real and practical sense, for over a decade and a half in the service of the Organization. In those circumstances, WHO was obliged to explore with the complainant other employment options prior to his separation."
Reference(s)
Organization rules reference: Staff Rule 1050.2
ILOAT Judgment(s): 2902
Keywords:
abolition of post; contract; duration of appointment; enforcement; fixed-term; general principle; intention of parties; non-renewal; organisation's duties; reassignment; short-term; staff regulations and rules; successive contracts;
Judgment 3090
112th session, 2012
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he Tribunal may rule on any employment relationship arising between an organisation and its staff, whether under the terms of a contract or under Staff Regulations. If a decision to appoint an employee, or to terminate his or her employment, is challenged on the grounds that it affects the rights of the person concerned which the Tribunal is competent to safeguard, the Tribunal must rule on the lawfulness of the disputed decision. It is immaterial whether the employee in question was recruited under a contract and whether that contract was for a fixed term. (See Judgment 1272, under 9.)"
Reference(s)
ILOAT Judgment(s): 1272
Keywords:
appointment; competence of tribunal; complaint allowed; complaint allowed in part; contract; duration of appointment; international civil servant; right; safeguard; staff regulations and rules; termination; terms of appointment;
Consideration 7
Extract:
"[WIPO's] employment relationship with the complainant always rested on short-term contracts [...]. These contracts were systematically renewed without any notable breaks, with the result that [...] the complainant pursued a career in the Organization for more than seven years, i.e. until the expiry of [her last] contract. This long succession of short-term contracts gave rise to a legal relationship between the complainant and WIPO which was equivalent to that on which permanent staff members of an organisation may rely. In considering that the complainant belonged to the category of short-term employees to whom the Staff Regulations and Staff Rules do not apply and who do not enjoy legal protection comparable to that enjoyed by other staff members, the defendant failed to recognise the real nature of its legal relationship with the complainant. In so doing it committed an error of law and misused the rules governing short-term contracts."
Keywords:
applicable law; career; complaint allowed; complaint allowed in part; contract; difference; extension; mistake of law; misuse of authority; non-renewal; permanent; short-term; staff regulations and rules; status of complainant; temporary-indefinite; terms of appointment;
Judgment 3026
111th session, 2011
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Failure on the part of the Organisation to give the complainant a fair opportunity to demonstrate improvement prior to deciding not to renew his fixed-term contract for unsatisfactory performance.
"It must be assumed that until 2006 the complainant's work was satisfactory as his contract was renewed from time to time, albeit that he was not subject to performance appraisal during the period he was employed on temporary assistance contracts."
Keywords:
appointment; complainant; contract; performance report; period; presumption; satisfactory service; short-term; work appraisal;
Judgment 3005
111th session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Rejection of a request for conversion of a fixed-term appointment to a permanent one.
"In Judgment 1349, under 11, the Tribunal noted the wide discretion an organisation enjoys in relation to the decision to convert a fixed-term appointment to a permanent one. Given the highly discretionary nature of the decision, it is subject to limited review and will only be set aside 'if it is taken without authority or in breach of a rule of form or of procedure, or if it is based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was an abuse of authority' (see Judgment 2694, under 4)."
Reference(s)
ILOAT Judgment(s): 1349, 2694
Keywords:
appointment; contract; decision; discretion; fixed-term; judicial review; permanent;
Judgment 2991
110th session, 2011
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"It is a general principle of international civil service law that there must be a valid reason for any decision not to renew a fixed-term contract. If the reason given is the unsatisfactory nature of the performance of the staff member concerned, who is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, the organisation must base its decision on an assessment of that person's work carried out in compliance with previously established rules (see, for example, Judgments 1911, under 6, and 2414, under 23)."
Reference(s)
ILOAT Judgment(s): 1911, 2414
Keywords:
complaint allowed; complaint allowed in part; contract; decision; duty to inform; duty to substantiate decision; fixed-term; formal requirements; grounds; international civil servant; international civil service principles; non-renewal; organisation's duties; right; unsatisfactory service; work appraisal; written rule;
Judgment 2926
109th session, 2010
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 9
Extract:
The complainant worked for the ILO Staff Union from 2 August to 31 December 2004 under a special short-term contract. Subsequently, he continued to make his services available to the Staff Union without any written contract. He asks the Tribunal to find that he has been an ILO official since August 2004.
"The Tribunal considers [...] that the fact that the complainant continued to make his services available to the Staff Union in the absence of any contract, that he was given access to the material facilities which the Office provides for the Staff Union, and that performance appraisal reports were drawn up for him could not confer on him a status that had not been granted by a formal administrative document. It follows that when he filed his complaint with the Tribunal, he was not in a position to invoke the status of an official bound to the Organization by a contract concluded in accordance with the rules in force. [...] It follows that the complainant, since he lacks the status of an ILO official, has no access to the Tribunal, which must decline jurisdiction and dismiss the complaint."
Keywords:
competence of tribunal; contract; effect; facilities; formal requirements; no provision; performance report; short-term; staff union; status of complainant; written rule;
Judgment 2925
109th session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[I]t is neither unreasonable nor discriminatory for an international organisation to establish objective criteria, applicable in all cases, on the basis of which it may presume a person has made his or her permanent residence in a particular country. And in establishing objective criteria, it is neither unreasonable nor discriminatory to set specific periods of permanent residency. Further, it is not unreasonable or discriminatory to select different periods for those who are taking up duty in the country of their nationality and those who are taking up duty in a country of which they are not nationals."
Keywords:
allowance; criteria; duty station; equal treatment; nationality; permanent; residence;
Consideration 6
Extract:
"The location of an employee's permanent home is a proper criterion for the award of an expatriation allowance, and the selection of nationality and permanent residence as objective facts by reference to which it may be determined whether his or her permanent home is or is not the country in which he or she will be working is appropriate and adapted to the general circumstances of a large workforce comprised of many different nationalities."
Keywords:
allowance; criteria; duty station; home; nationality; permanent; residence;
Judgment 2924
109th session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he fact that a person was present in a country for the purpose of pursuing his or her studies may well be insufficient to establish permanent residence, particularly if there are strong links to another country."
Keywords:
allowance; criteria; permanent; purpose; residence;
Judgment 2916
109th session, 2010
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[W]here the ground for non-renewal is unsatisfactory performance, the Tribunal will not substitute its own assessment for that of the organisation concerned [...]. However, an organisation may not in good faith end someone's appointment for poor performance without first warning him and giving him an opportunity to do better [...]. Moreover, it cannot base an adverse decision on a staff member's unsatisfactory performance if it has not complied with the rules established to evaluate that performance [...]."
Reference(s)
ILOAT Judgment(s): 1262, 1583, 2414
Keywords:
case law; complaint allowed; complaint allowed in part; contract; discretion; fixed-term; good faith; grounds; judicial review; non-renewal; organisation's duties; performance report; staff regulations and rules; tribunal; unsatisfactory service; warning; work appraisal;
Consideration 2
Extract:
"[E]ven though notification of non-renewal is simply notification that the contract will expire according to its terms, the Tribunal's case law has it that that notification is to be treated as a decision having legal effect for the purposes of Article VII(1) of its Statute [...]. Accordingly, it may be challenged in the same way as any other administrative decision."
Reference(s)
ILOAT reference: Article VII(1) of the Statute of the Tribunal
ILOAT Judgment(s): 1317, 2573
Keywords:
case law; complaint allowed; complaint allowed in part; contract; decision; decision quashed; fixed-term; non-renewal; notice; right of appeal; safeguard; staff regulations and rules;
Judgment 2915
109th session, 2010
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It is correct that a vested right cannot be divested without the consent of the person to whom it belongs. However, it does not follow that a corresponding condition or obligation - in this case, the condition or obligation to retire at 60 - depends on continuing consent. A condition once accepted or an obligation once entered [...] endures unless and until it is performed or the person is released from it either absolutely or by substitution of a different and mutually agreed condition or obligation."
Keywords:
complainant; complaint allowed; complaint allowed in part; condition; effect; lack of consent; successive contracts; terms of appointment;
Judgment 2868
108th session, 2010
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
"The Centre argues that the complainant accepted the terms of the renewal for six months and is now precluded from challenging them. In effect, it argues that the complainant has waived his right to challenge the validity of the renewal. As the Tribunal observed in Judgment 592 [...] "[w]aiver of a right to bring an action may not be presumed". As well, "[w]aiver is binding only if it is express or clearly implied on the facts". In the present case, the complainant contested the validity of the impugned decision [...] and at no time did he formally waive his right to challenge the validity of the decision. He was also in a financially vulnerable position, faced with the prospect of unemployment if he did not accept the renewal of his contract. As well, he would have potentially left himself in a situation of not having the advantages accorded to an internal candidate in a subsequent competition for a vacant post. In these circumstances, in addition to there being no evidence of an express waiver, a waiver cannot be implied on the facts."
Reference(s)
ILOAT Judgment(s): 592
Keywords:
acceptance; complaint allowed; complaint allowed in part; condition; extension; fixed-term; good faith; non-renewal; waiver of right of appeal;
Judgment 2850
107th session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[T]he complainant argues that his initial appointment ought to have been for an undetermined period since his duties were of a lasting nature. However, as he was recruited under a contract for a limited period his situation is in any case governed by the provisions applicable to such contracts, and even on the assumption that his post should normally have been filled by a servant appointed for an undetermined period - which, as can be seen from Judgment 1450, is not a matter which the Tribunal will review - this fact by itself could not lead to a redefinition of his appointment."
Reference(s)
ILOAT Judgment(s): 1450
Keywords:
amendment; appointment; complaint allowed; complaint allowed in part; contract; duration of appointment; judicial review; permanent; provision; short-term;
Judgment 2821
107th session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 to 10
Extract:
The complainant was employed by the ILO from 16 June 1995 until 30 April 2004 under two temporary contracts which were extended several times and did not provide for pension coverage. On 1 May 2004 he was granted a fixed-term contract and acquired the status of an official of the Organization. On 1 August 2006 he filed a grievance, requesting that the above-mentioned period be validated for the purposes of affiliation to the United Nations Joint Staff Pension Fund.
"The complainant did not challenge the content of [his temporary] contracts within the six-month time limit laid down for this purpose in the contracts themselves. It follows that he was manifestly no longer in a position, by the date on which he filed his grievance with the Organization, i.e. more than two years after the end of the period covered by his last contract, to challenge the provisions thereof."
The Tribunal rejected the arguments on which the complainant relied to persuade it that this time limit was not applicable to him.
Keywords:
contract; date; extension; fixed-term; internal appeal; international civil servant; participation; participation excluded; pension entitlements; receivability; request; short-term; status of complainant; time bar; time limit; unjspf; validation of service;
Judgment 2810
106th session, 2009
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7(b)
Extract:
The complainant impugns the decision not to award him, after his three-year limited-duration contract - which had been renewed twice - expired, an indefinite contract for one of the long-term jobs offered to other candidates who had been found better qualified.
"There is certainly no doubt that a limited-duration contract should be extended beyond a six-year period only as an exceptional measure. Indeed, depending on the circumstances, such an extension is likely to give the person concerned, if not legitimate expectations of a permanent appointment in the near future, then at least the feeling that, contrary to the legal reality, he or she has acquired rights.
In the instant case the circumstances are not such as to engender such expectations. According to the information on file, the complainant was granted an exceptional extension of his limited duration contract owing to the particular employment situation within the Organization. [...] The complainant freely accepted this last extension in full knowledge of the facts and without expressing any reservations about his prospects of permanent appointment."
Keywords:
appointment; contract; duration of appointment; extension; fixed-term; promise;
Judgment 2779
106th session, 2009
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As the Tribunal has found, even though he was not competent to make the representation, Mr [...] made a promise to the complainant that his appointment would be extended beyond statutory retirement age. Mr R. also fostered the complainant's false belief that the promise would be honoured. Despite the complainant's numerous requests over a period of approximately 18 months clearly explaining his belief that a promise had been made, the Secretary-General chose to ignore the opportunities to correct the complainant's misapprehensions and permitted him to act on his mistaken belief. Lastly, the Secretary-General failed to make a decision on the complainant's request for an extension in a timely fashion. This conduct constitutes a breach of the duty to respect the complainant's dignity. At the very least, the Secretary-General should have notified the complainant that the Union did not accept the obligation when the matter was first brought to his attention. This conduct has caused the complainant moral injury for which he must be compensated in the form of moral damages."
Keywords:
compensation; complaint allowed; complaint allowed in part; damages; decision-maker; duration of appointment; extension; good faith; injury; moral injury; organisation's duties; promise; respect for dignity; retirement; staff member's interest;
Judgment 2750
105th session, 2008
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
"Although [IAEA] Staff Regulation 4.02 provides that no notice is necessary in the case of expiry at the due date of a fixed-term or short-term appointment, the duty of an organisation to act in good faith and to respect the dignity of staff members requires that reasonable notice be given, 'particularly so that they may exercise their right to appeal and take whatever action may be necessary' (see Judgments 2104 and 2531)."
Reference(s)
Organization rules reference: IAEA Staff Regulation 4.02
ILOAT Judgment(s): 2104, 2531
Keywords:
complaint allowed; complaint allowed in part; contract; date; fixed-term; good faith; international civil servant; notice; organisation's duties; respect for dignity; right of appeal; separation from service; short-term; staff regulations and rules;
Judgment 2708
104th session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
For the period 24 June 2002 to 31 December 2003 the complainant was given a fixed-term contract, financed from technical cooperation funds, which was extended until 30 June 2004. The complainant was subsequently given two external collaboration contracts, the second one ending on 31 March 2005. The contractual relationship between the complainant and the ILO ended at that date. "It emerges from an analysis of [the provisions of Circular No. 630] that short-term contracts should be offered in only specific cases and for a limited duration.
Having already obtained a fixed-term contract which had been extended, the complainant could not be recruited under a short-term contract, let alone under an external collaboration contract, to continue performing the same work as he had performed under his fixed-term contract, without contravening the spirit of the applicable texts.
The complainant's last two contracts should therefore be converted into a fixed-term contract."
Reference(s)
Organization rules reference: ILO Circular No. 630
Keywords:
administrative instruction; amendment; breach; claim; complaint allowed; complaint allowed in part; condition; consequence; contract; duration of appointment; extension; external collaborator; fixed-term; limits; period; project personnel; provision; same; separation from service; short-term; written rule;
Judgment 2700
104th session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant did not receive the Reports Board's recommendation, which constituted the basis of the decision not to renew his fixed-term appointment. "The Tribunal considers that in the present case the complainant is entitled to see the Reports Board's recommendation, an essential document on which the Administration based its decision not to renew his contract. By withholding that document the Organization deprived the complainant of an item of evidence that was essential for the preparation of his defence and the Tribunal of a document enabling it to exercise its power of review.
Accordingly there are grounds for ordering further submissions in order that the file may be supplemented with a copy of the Reports Board's recommendation, as requested by the complainant."
Keywords:
advisory body; claim; complainant; complaint allowed; contract; disclosure of evidence; fixed-term; further submissions; interlocutory order; judicial review; non-renewal; organisation's duties; recommendation; refusal; right;
Judgment 2694
104th session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal recalls that "career prospects within an international organisation are not something that exists independently of all the rights and duties of its staff, that if the non-renewal of a contract is lawful, so is the career hiatus and that when a contract is concluded for a fixed term, the staff member's career ends lawfully on expiry of this period (see Judgment 1610, under 24)."
Reference(s)
ILOAT Judgment(s): 1610
Keywords:
career; contract; fixed-term; international civil servant; non-renewal; organisation; period; right; separation from service;
Judgment 2690
104th session, 2008
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "The Tribunal cannot accept the complainant's argument regarding the legality of the Directive on the ground that the Preparatory Commission has established, almost from the very beginning of its existence, the non-career character of its functions. Its very nature of being a 'preparatory commission' for the Comprehensive Nuclear-Test-Ban Treaty Organization makes it obvious that the decision thus adopted was in perfect coherence with its own mandate, which is not of a permanent nature."
Keywords:
administrative instruction; contract; decision; exception; fixed-term; limits; non-local status; non-renewal; organisation's interest; professional category; security of tenure; terms of appointment;
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