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Fixed-term (317, 318,-666)

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Keywords: Fixed-term
Total judgments found: 266

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  • Judgment 4234


    129th Session, 2020
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him.

    Consideration 7

    Extract:

    As to the errors and omissions in the management of staff files which were referred to in the performance appraisal reports, these were professional shortcomings. Such shortcomings cannot be equated with misconduct (see, for example, Judgments 247, consideration 13, 1163, consideration 5, 1208, consideration 2, and 3853, consideration 6). Misconduct involves a breach of the duties of an international civil servant in respect of conduct which may trigger disciplinary proceedings and lead to a disciplinary measure. That is not the case for professional shortcomings, which may give rise to various administrative measures, such as a reminder of the applicable rules, a note in a personal file, an unfavourable appraisal or even the non-renewal or termination of a contract (see, for example, Judgment 1405, consideration 4).
    The professional shortcomings mentioned in the performance appraisal reports – the last of which led to a 95 per cent downwards adjustment in the complainant’s annual merit bonus – could not give rise to a disciplinary measure.

    Reference(s)

    ILOAT Judgment(s): 247, 1163, 1208, 1405, 3853

    Keywords:

    disciplinary measure; fixed-term; non-renewal of contract; performance report;



  • Judgment 4231


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his fixed-term appointment and to place him on special leave with pay until his contract expired.

    Judgment keywords

    Keywords:

    fixed-term; leave with pay; non-renewal of contract;

    Consideration 3

    Extract:

    The Tribunal’s case law states that an organisation enjoys wide discretion in deciding whether or not to renew a fixed-term appointment. The exercise of such discretion is subject to only limited review as the Tribunal respects the organisation’s freedom to determine its own requirements and the career prospects of staff. However, the discretion is not unfettered and the Tribunal will set the decision aside if it was taken without authority or in breach of a rule of form or of procedure, or if it 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, Judgments 4062, consideration 6, and 4146, consideration 3).

    Reference(s)

    ILOAT Judgment(s): 4062, 4146

    Keywords:

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



  • Judgment 4229


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former staff member of the World Food Programme, challenges the decision to maintain the decision not to renew his contract, and to award him material and moral damages instead of reinstatement.

    Judgment keywords

    Keywords:

    fixed-term; non-renewal of contract;

    Consideration 4

    Extract:

    In the Tribunal’s view, it was mistaken for the impugned decision to rely on the fact that the complainant’s 2011 and 2012 PACE appraisal reports gave him an “unsatisfactory” overall rating, and were not revised to satisfactory, as well as concerns that were stated in the complainant’s probationary appraisal (which actually gave a satisfactory rating), as bases for finding that his reinstatement was not warranted. Accordingly, the impugned decision will be set aside to the extent that it denied reinstatement. However, inasmuch as the complainant held a fixed-term appointment that expired on 3 June 2013 rather than a continuing appointment, and given the time that has passed, the Tribunal considers that it is not appropriate to order his reinstatement (see, for example, Judgment 4063, consideration 11).

    Reference(s)

    ILOAT Judgment(s): 4063

    Keywords:

    fixed-term; non-renewal of contract; performance report; reinstatement;

    Consideration 4

    Extract:

    Notwithstanding the setting aside of the impugned decision, the Tribunal considers that the award of 70,000 euros, which the Organization paid to the complainant for the lost opportunity to be considered for renewal, was reasonable. Accordingly, it will be unnecessary to award him any further sum in this regard. Although in the impugned decision the Director-General purported to “set aside” the decision not to renew the complainant’s fixed-term contract, the fact remains that the complainant was separated from service without a valid reason and was not reinstated. It is perhaps this, above all, that justifies the significant amount of damages awarded to him by the Director-General. There is no other basis for awarding further damages for the invalid 2012 PACE appraisal report and the unlawful decision not to renew the complainant’s appointment.

    Keywords:

    fixed-term; formal flaw; loss of opportunity; material damages; non-renewal of contract; performance report; procedural flaw;



  • Judgment 4218


    129th Session, 2020
    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;

    Consideration 2

    Extract:

    It is convenient to commence by recalling the approach of the Tribunal to cases in which a complainant challenges a decision not to renew a contract. They were conveniently summarised in Judgment 3586, consideration 6:
    “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). These grounds of review are applicable notwithstanding that the Tribunal has consistently stated, in Judgment 3444, under 3, for example, that an employee who is in the service of an international organization on a fixed-term contract does not have a right to the renewal of the contract when it expires and the complainant’s terms of appointment contained a similar provision.”

    Reference(s)

    ILOAT Judgment(s): 1349, 2850, 2861, 3299, 3444, 3586

    Keywords:

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



  • 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;

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Last updated: 28.02.2020 ^ top