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Fixed-term (317, 318,-666)

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Keywords: Fixed-term
Total judgments found: 259

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  • Judgment 4177


    128th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term appointment for health reasons.

    Judgment keywords

    Keywords:

    fixed-term; health reasons; termination;



  • Judgment 4172


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-renewal of his appointment for unsatisfactory performance.

    Consideration 5

    Extract:

    According to consistent case law, “a decision not to renew a fixed-term appointment, being discretionary, may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was 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 abuse of authority. [...] What is more, where the reason given for the non-renewal is unsatisfactory performance the Tribunal will not replace with its own the Organisation’s view of the complainant’s fitness for his duties” (see Judgment 1052, under 4).

    Reference(s)

    ILOAT Judgment(s): 1052

    Keywords:

    discretion; fixed-term; non-renewal of contract;

    Judgment keywords

    Keywords:

    fixed-term; non-renewal of contract; performance evaluation;



  • Judgment 4170


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her performance reports for the 2010-2011 biennium and the decisions to defer her within-grade salary increment until 1 February 2012, to withhold that increment on that date and to not renew her fixed-term appointment for unsatisfactory service.

    Judgment keywords

    Keywords:

    fixed-term; non-renewal of contract; performance evaluation;



  • Judgment 4146


    128th Session, 2019
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions not to grant him a contract of indefinite duration and not to extend his fixed-term contract beyond nine years of service.

    Judgment keywords

    Keywords:

    fixed-term; non-renewal of contract;

    Consideration 3

    Extract:

    The case law of the Tribunal states that an organisation enjoys wide discretion in deciding whether or not to renew a fixed-term appointment and, a fortiori, whether to convert it into an indefinite one. Although the exercise of such discretion is not unfettered, it is subject to only limited review, as the Tribunal will respect the organisation’s freedom to determine its own requirements. Accordingly, the Tribunal will only set aside such decisions if they were taken without authority or in breach of a rule of form or of procedure, or if they rested on an error of fact or of law, or if some essential fact was overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgment 3772, under 5).

    Reference(s)

    ILOAT Judgment(s): 3772

    Keywords:

    discretion; fixed-term; permanent; renewal of contrat;



  • Judgment 4139


    128th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term contract as a result of her post having been abolished.

    Judgment keywords

    Keywords:

    abolition of post; fixed-term; reorganisation; termination;



  • Judgment 4078


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed an application for interpretation and review of Judgment 3929 and the complainant in that case filed an application for execution of that judgment.

    Judgment keywords

    Keywords:

    abolition of post; application filed by the organisation; application for execution; application for interpretation; application for review; fixed-term; termination;



  • 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.

    Consideration 5

    Extract:

    [T]he Tribunal sets its face against assessing the exercise of a discretionary power such as the power not to renew a fixed-term contract, unless it is demonstrated that the competent body acted on some wrong principle, breached procedural rules, overlooked a material fact or reached a clearly wrong conclusion (see, for example, Judgment 3991, consideration 7, and the case law cited therein).

    Reference(s)

    ILOAT Judgment(s): 3991

    Keywords:

    discretion; fixed-term; non-renewal of contract;



  • Judgment 4063


    127th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment on disciplinary grounds.

    Consideration 11

    Extract:

    The complainant asks to be reinstated in the Organization. However, according the Tribunal’s case law, the reinstatement of an official on a fixed-term contract is ordered only in exceptional cases (see Judgment 3417, consideration 9). The Tribunal does not consider this case to be exceptional and will not order the reinstatement of the complainant.

    Reference(s)

    ILOAT Judgment(s): 3417

    Keywords:

    fixed-term; reinstatement;



  • Judgment 4062


    127th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to renew her fixed-term contract on the grounds of unsatisfactory performance.

    Consideration 17

    Extract:

    The complainant, who is not asking to be reinstated within UNESCO, has however requested compensation for the material injury suffered as a result of the termination of her employment with the Organization.
    In this regard, the complainant has no grounds for claiming the payment of all the emoluments which she would have received until she reached retirement age, as the renewal of her fixed-term contract would by no means have guaranteed that the Organization would continue to employ her until the end of her career.

    Keywords:

    damages; fixed-term; material damages; non-renewal of contract;

    Consideration 6

    Extract:

    The Tribunal has consistently held that international organizations have wide discretion in deciding whether or not to renew fixed-term contracts. Such decisions are therefore subject to only limited review by the Tribunal, which will interfere only if a decision was taken in breach of applicable rules on competence, form or procedure, 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 1262, consideration 4, 3586, consideration 6, 3679, consideration 10, 3743, consideration 2, or 3932, consideration 21).

    Reference(s)

    ILOAT Judgment(s): 1262, 3586, 3679, 3743, 3932

    Keywords:

    discretion; fixed-term; judicial review; non-renewal of contract;



  • 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.

    Consideration 5

    Extract:

    A steady line of precedent has it that a decision not to renew a fixed-term contract must be notified to the official concerned in good time, particularly so that she or he may exercise her or his right to appeal against it (in this connection, see Judgments 2104, under 6, 2531, under 9, and 3362, under 16).
    However, this case law does not require that the official be given an opportunity to submit comments before that decision is taken.

    Reference(s)

    ILOAT Judgment(s): 2104, 2531, 3362

    Keywords:

    fixed-term; non-renewal of contract; right to be heard;



  • Judgment 4009


    126th Session, 2018
    Energy Charter Conference
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his fixed-term contract following the abolition of his post, but to give him a Project Staff contract.

    Consideration 15

    Extract:

    The complainant [...] submits that his employment relationship after 1 July 2016 could not be termed a Project Staff contract because his duties, which remained the same, could not be subsumed under the notion of a project, nor could they be viewed as short-term.
    The Tribunal notes that according to the terms of the letter of 4 December 2015, the Secretary General offered the complainant a six-month Project Staff contract, with “the same job description” and at the same grade and step. In other words, the complainant continued to perform the same duties with the same remuneration. The only differences between the contract under which he was employed and that which was offered to him, were their name and duration. As the complainant had been employed since 1998 as Head of Administration and Finance under a fixed-term contract, the Secretary General could not offer him a temporary contract to continue performing exactly the same work as he was performing under a fixed-term contract without contravening the spirit of the applicable texts (see Judgment 2708, under 10).

    Reference(s)

    ILOAT Judgment(s): 2708

    Keywords:

    continuance of operations; duration of appointment; fixed-term; renewal of contrat;

    Judgment keywords

    Keywords:

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



  • Judgment 4008


    126th Session, 2018
    Energy Charter Conference
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In her first complaint, the complainant challenges the decision not to extend her fixed-term contract following the abolition of her post, but to give her a Project Staff contract. In her second complaint, she challenges three vacancy notices concerning C category posts and in her third complaint, she challenges the rejection of her application for two of these posts.

    Judgment keywords

    Keywords:

    abolition of post; competition; fixed-term; non-renewal of contract;

    Consideration 15

    Extract:

    The complainant [...] submits that her employment relationship after 1 January 2016 could not be termed a Project Staff contract because her duties, which remained the same, could not be subsumed under the notion of a project, nor could they be viewed as short-term.
    The Tribunal notes that according to the terms of the letter of 4 December 2015, the Secretary General offered the complainant a one-year Project Staff contract, with “the same job description” and at the same grade and step. In other words, the complainant continued to perform the same duties with the same remuneration. The only differences between the contract under which she was employed and that which was offered to her, were their name and duration. As the complainant had been employed since 1996 as Administrative Assistant under a fixed-term contract, the Secretary General could not offer her a temporary contract to continue performing exactly the same work as she was performing under a fixed-term contract without contravening the spirit of the applicable texts (see Judgment 2708, under 10).

    Reference(s)

    ILOAT Judgment(s): 2708

    Keywords:

    continuance of operations; duration of appointment; fixed-term; renewal of contrat;



  • Judgment 4004


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his appeal against the abolition of his post and the termination of his fixed-term appointment, which was filed after he had accepted a mutually agreed separation.

    Judgment keywords

    Keywords:

    abolition of post; fixed-term; reorganisation; termination;



  • Judgment 3991


    126th Session, 2018
    ITER International Fusion Energy Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to renew her fixed-term contract.

    Judgment keywords

    Keywords:

    fixed-term; non-renewal of contract;



  • Judgment 3990


    126th Session, 2018
    ITER International Fusion Energy Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to terminate her fixed-term contract and to refuse to pay her the termination indemnity.

    Judgment keywords

    Keywords:

    fixed-term; terminal entitlements; termination;



  • Judgment 3950


    125th Session, 2018
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to renew his fixed-term contract.

    Judgment keywords

    Keywords:

    fixed-term; non-renewal of contract;



  • Judgment 3948


    125th Session, 2018
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to renew her fixed-term contract.

    Consideration 2

    Extract:

    The basic applicable principles where a decision not to renew a contract is challenged have been relevantly stated, for example, in Judgment 3586, considerations 6 and 10, as follows:
    “6. It bears recalling at this juncture that the Tribunal’s scope of review in a case such as this is limited. Firm and consistent precedent has it that an organization enjoys wide discretion in deciding whether or not to extend a fixed-term appointment. The exercise of such discretion is subject to limited review because the Tribunal respects an organization’s freedom to determine its own requirements and the career prospects of staff (see, for example, Judgment 1349, under 11). The Tribunal will not substitute its own assessment for that of the organization. A decision in the exercise of this discretion may only be quashed or set aside for unlawfulness or illegality in the sense that it was taken in breach of a rule of form or procedure; or if it is based on an error of fact or of law, if some essential fact was overlooked; or if there was an abuse or misuse of authority; or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgments 3299, under 6, 2861, under 83, and 2850, under 6).
    [...]
    10. It is firm principle that the reason not to extend a fixed-term contract must be a valid one and not one that was given to conveniently get rid of a staff member (see, for example, Judgment 1154, under 4).”

    Reference(s)

    ILOAT Judgment(s): 3586

    Keywords:

    fixed-term; general principle; non-renewal of contract;

    Judgment keywords

    Keywords:

    fixed-term; non-renewal of contract;



  • Judgment 3940


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to abolish his post.

    Judgment keywords

    Keywords:

    abolition of post; fixed-term; outsourcing;



  • Judgment 3932


    125th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to renew her fixed-term appointment due to unsatisfactory performance.

    Judgment keywords

    Keywords:

    fixed-term; non-renewal of contract; unsatisfactory service;



  • Judgment 3929


    125th Session, 2018
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish her post and to terminate her appointment while she was on sick leave.

    Judgment keywords

    Keywords:

    abolition of post; fixed-term; termination;

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Last updated: 19.09.2019 ^ top