Fixed-term (317, 318,-666)
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Keywords: Fixed-term
Total judgments found: 292
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Judgment 191
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Director-General fell into the error of supposing that because the limited part of the complainant's work which he himself saw was bad in his opinion therefore the complainant's work as a whole was to be condemned. In treating as of no account the unanimous opinion of those who were familiar with the whole of [the complainant's] performance, the Director-General failed to take into consideration essential facts of the case. His decision must therefore be quashed."
Keywords:
contract; different appraisals; disregard of essential fact; fixed-term; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;
Considerations
Extract:
The Tribunal must determine whether a decision taken by virtue of a discretionary authority "was taken with authority, is in regular form, whether the correct procedure has been followed and, as regards its legality under the organization's own rules, whether the administration's decision was based on an error of law or fact, or whether essential facts have not been taken into consideration, or again, whether conclusions which are clearly false have been drawn from the documents in the dossier, or finally, whether there has been a misuse of authority."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Considerations
Extract:
"While the Director-General [...] was entitled to differ [with] the opinion expressed by the high-ranking officials [...] he should, before reaching the final decision which he alone was competent to make, have taken into account not only the complainant's attitude on the particular occasions when he had 'personally seen him at work', but also the quality of the complainant's general performance of his duties as attested by his immediate supervisors in highly favourable terms."
Keywords:
contract; different appraisals; disregard of essential fact; executive head; fixed-term; non-renewal of contract; supervisor; unsatisfactory service; work appraisal;
Judgment 190
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The minutes in question "merely show the organization's wish to find some means of retaining the complainant's services after the expiry of his appointment [...] and the attempts made to that end. They contain no promise either of a further extension or of a new appointment, still less any commitment." The complainant "could not justifiably rely on the [...] assurances [...] given to him by certain officials" in respect of an extension.
Keywords:
contract; evidence; fixed-term; lack of evidence; non-renewal of contract; offer; promise;
Considerations
Extract:
The complainant "alleges that the Organization did not in fact employ him on the work for which he had been recruited for a period of two years, and was thus gravely at fault; even supposing that the truth of this allegation were established, it would not be such as to vitiate the impugned decision not to renew his contract."
Keywords:
assignment; contract; difference; fixed-term; non-renewal of contract; organisation's duties; post description;
Considerations
Extract:
"[T]he offer made to the complainant by the organization of a new contract involving appointment to a P.4 post [...] at a salary substantially equivalent to his previous salary did not imply any demotion, entailing as it did the conclusion of a new contract. To avoid incurring the injury for which he has claimed compensation, the complainant could have accepted that offer, which in the circumstances of the case appeared to be a reasonable one."
Keywords:
amendment to the rules; complainant; contract; downgrading; fixed-term; grade; non-renewal of contract; offer; refusal; salary;
Judgment 176
26th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The liability of the organization to pay compensation is established by Judgment No. 136 [under two heads:] [...] compensation to the complainant for the non-renewal of his contract [...] and compensation for moral damage for illegal suspension from duty."
Reference(s)
ILOAT Judgment(s): 136
Keywords:
contract; execution of judgment; fixed-term; injury; judgment of the tribunal; material damages; moral injury; non-renewal of contract; suspension;
Consideration 5
Extract:
"The essence of the moral damage claimed lies in the fact of the abrupt and summary suspension which is not denied. It would not be right to relate the assessment under this head exclusively to the basic salary. Distress and moral prejudice may be as great to a man on a small salary as to a man on a large one. But the rate of salary affords a guideline and the six months' salary offered by the organization under this head is in the opinion of the Tribunal approximately correct."
Keywords:
amount; contract; criteria; fixed-term; injury; moral injury; suspension;
Judgment 172
26th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, who was dismissed without inquiry on the basis of unsupported allegations, is entitled to "a sum in respect of the disturbance of his living conditions and family life which the [Director-General] unlawfully caused him and in respect of the moral injury which he suffered on account of the unjust charges brought against him. Considering that he obtained equivalent employment fairly soon, the injury will be fairly assessed by awarding compensation amounting to 15,000 French francs."
Keywords:
amount; contract; fixed-term; injury; inquiry; investigation; lack of evidence; material damages; moral injury; termination of employment;
Judgment 166
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he fact that other staff members whose contracts, like that of [the complainant] had not been extended were able to find other posts within the [organization] does not in itself prove that the decisions not to appoint the complainant to the [...] posts [applied for] are tainted by misuse of authority. While it may be a matter for regret that [the complainant], whose efficiency is not in question, should have had to leave the service of [the organization], the Tribunal can only find that the decisions impugned are legally valid."
Keywords:
abuse of power; contract; discretion; equal treatment; fixed-term; judicial review; misuse of authority; non-renewal of contract;
Considerations
Extract:
"With regard to the non-renewal of the complainant's contract, it is clear from [...] the evidence [...] that the measure in question was justified by the termination of the [mission] for which [the complainant] had been appointed, and by the exhaustion of the funds allocated to it, and also that the measure was of a general character which did not affect [the complainant] alone." There is no evidence of animosity or bias.
Keywords:
budgetary reasons; contract; fixed-term; non-renewal of contract; project personnel;
Considerations
Extract:
"The action of the Director-General [...] or of an official acting under his orders in deciding not to renew the temporary appointment of a staff member [lies within] the discretionary power conferred on the head of the organization in the interest of the organization itself. The existence of this discretionary power excludes any right [...] to the renewal of [an] appointment and also restricts the Tribunal's power of review."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; organisation's interest;
Judgment 157
24th Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
On return from a mission, the complainant was ill. The organisation extended his contract for as long as the sick leave to which he was entitled under his contract. With the expiry of that contract, there was no longer any legal connection between the official and the organisation, which "could no longer lawfully grant him further sick leave or continue to bear his medical expenses." The organisation was bound by no provision nor any general principle of law to grant the complainant monetary compensation.
Keywords:
contract; extension of contract; fixed-term; health insurance; illness; medical expenses; non-renewal of contract; organisation's duties; project personnel; service-incurred; sick leave;
Judgment 155
24th Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[T]he Director-General's refusal to renew an official's contract on its expiry is not a disciplinary measure in the terms of the Staff Rules. It falls within his full discretion."
Keywords:
contract; discretion; fixed-term; non-renewal of contract;
Consideration 1
Extract:
Following home leave granted to the complainant at his own request, "the Director-General was obliged to regularise his position. He did so by granting [the complainant] special leave with pay [...] to [...] the date of expiry of his contract. In law this decision is beyond reproach."
Keywords:
contract; fixed-term; home leave; non-renewal of contract; special leave;
Judgment 154
23rd Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(B)
Extract:
"[T]he sanction of discharge cannot be regarded as being out of proportion to the complainant's dereliction of duty. As the complainant had clearly shown that he did not intend to comply with the instructions concerning his transfer which it was his duty to obey, the organisation was not obliged to make use of his services [in the country in question], where his presence might be prejudicial to the organisation's work, nor in any other place since he refused to move from [the country]."
Keywords:
contract; fixed-term; refusal; termination of employment; transfer;
Judgment 146
23rd Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
After the complaint was lodged with the Tribunal, the Director-General reversed his decision to terminate the complainant's appointment and transferred him to headquarters until the date of expiry of his contract. "By this decision the Director-General over-ruled the impugned decision to terminate [his] appointment." The complainant has therefore lost his cause of action and the Tribunal need not entertain it.
Keywords:
case pending; cause of action; contract; fixed-term; no cause of action; settlement out of court; termination of employment; transfer;
Judgment 136
22nd Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
If the organization does not renew the appointment, it shall pay complainant such compensation as is equitable. If the sums offered to the complainant "are not such as he considers equitable, he may submit a claim in respect thereof to the Tribunal, giving all the information necessary to its assessment and stating in particular : a) the amount of his remuneration when employed by the organization; and b) the nature and periods of any employment obtained by him since [he left the organization] and the amounts earned thereby."
Keywords:
amount; contract; criteria; fixed-term; material damages; non-renewal of contract; reinstatement; subsidiary; suspension;
Consideration 2
Extract:
The complainant made accusations which led to an inquiry. When the decision not to renew his contract was taken, the results of the inquiry were not yet known. The accuser was judged before the accusations themselves. The decision is tainted by error and must be rescinded; "the organization must either renew the contract on equitable terms or pay to the complainant such compensation as is equitable".
Keywords:
complainant; contract; fixed-term; flaw; inquiry; investigation; misconduct; non-renewal of contract; organisation's duties;
Consideration 3
Extract:
The suspension of the complainant was followed by an improper decision not to renew his contract. Having received his full salary, the complainant "has suffered no material damage, but he has suffered moral damage. He is entitled to equitable compensation for the distress caused by the manner of his treatment and for the injury done thereby to his reputation and to his prospects of obtaining other employment. The organization must therefore pay to the complainant equitable compensation in respect of the illegality of his suspension from duty".
Keywords:
contract; fixed-term; flaw; injury; moral injury; non-renewal of contract; professional injury; suspension;
Consideration 2
Extract:
"The organization seeks to justify the decision [not to renew contract] on the ground that the complainant, by making grave accusations against a colleague, had created a situation which made the smooth working of the [regional office] impossible [...]. The error which the Director-General made - an error which in the opinion of the Tribunal vitiates his decision not to renew the complainant's contract - is that he judged and condemned the accuser before the accusations had themselves been judged".
Keywords:
contract; fixed-term; flaw; non-renewal of contract; working relations;
Judgment 133
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The evidence produced does not establish that the organization fulfilled all its obligations in the matter." On three occasions account was taken of the complainant's candidature in respect of vacant posts. "Nevertheless, on each of these occasions, instead of simply considering the complainant's qualifications and appointing him to a post that he was capable of filling, the organization assessed the merits of the various applicants and thus followed the normal procedure. In so doing it complied with the letter of the Regulations, but it did not take account of the general principle* derived from [the applicable provision]". *Preference should be extended to deserving former staff members.
Keywords:
abolition of post; contract; fixed-term; material damages; organisation's duties; priority; reassignment; subsidiary; termination of employment; vacancy;
Judgment 131
21st Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Under the applicable provision, a staff member who has been appointed, by a fixed-term appointment, for one year or more must be notified of the organization's decision not to reappoint him no less than one month before the date of expiry. "The decision taken by the Director-General under the above-mentioned rule lies within his discretion. It cannot therefore be reviewed by the Tribunal unless it is tainted by [...]" (etc.).
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; notice;
Consideration 3
Extract:
On 21 August, the complainant was informed that his appointment would terminate at the end of his contract, on 31 August. This decision is the final step in the termination procedure. On 6 April, the complainant had been notified of the termination of his contract. An extension was granted for reasons of health. The "complainant had been aware for over three months that the organization had decided to terminate his contract." This decision merely confirmed those taken earlier while altering the conditions for their execution. It did not defeat the purpose of the applicable provision "which is to protect the staff member from the consequences of a sudden termination of his appointment."
Keywords:
confirmatory decision; contract; extension of contract; fixed-term; non-renewal of contract; notice; sick leave;
Judgment 127
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's appointment was terminated and his post abolished. "[T]he organization has an obligation to the complainant because of the fact which was not taken into account, namely the intervention with the [national] authorities by the senior technical adviser, without good reason, in the exercise of his official duties. As a result, the complainant has suffered both material and moral injury [...] taking account of [...] in particular [...] the fact that the organization was in ignorance through no fault of its own, the organization should pay the complainant compensation".
Keywords:
abolition of post; consultation; contract; disregard of essential fact; fixed-term; injury; liability; material injury; member state; moral injury; organisation; termination of employment;
Consideration 7
Extract:
The technical adviser to the national authorities expressed views concerning the complainant which were, to say the least, lacking in impartiality; he implicitly recognised that he induced the national authorities, without good reason, to take steps which led to the complainant's dismissal before the termination of his contract. The organization did not take account of this essential fact, but it cannot be blamed for not being aware of these circumstances. The complainant is entitled to compensation.
Keywords:
abolition of post; bias; consultation; contract; disregard of essential fact; fixed-term; material damages; member state; termination of employment;
Judgment 122
20th Session, 1968
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
The complainant was denied appointment to a permanent post because of objections expressed by a Member State aroused by the complainant's refusal to do his military service. The decision was tainted by an error of law; the organisation did not exercise its discretionary power. The decision is quashed and the case is referred back to the organisation "for a new decision to be taken, with reasons stated, on [the] complainant's request, after consideration of all the relevant circumstances of the case, including [the complainant's] professional qualifications [...] and disregarding the fact [...] that he is a persona non grata to one of the States members."
Keywords:
contract; fixed-term; flaw; grounds; member state; military service; non-renewal of contract; permanent appointment; persona non grata; refusal; titularization;
Considerations
Extract:
The decision not to renew his contract was notified to the complainant on 6 March and again on 15 June following his request for a review. On 25 June the complainant addressed a request to the organisation based on new arguments and directed to securing reconsideration of his case. Following this request the Director-General communicated to the complainant on 14 August a decision definitely confirming the previous decision, but in part on new grounds. The time limit for the filing of the complaint began to run only from the date of the notification of the decision of 14 August.
Keywords:
amendment to the rules; complaint; confirmatory decision; contract; date; date of notification; decision; fixed-term; grounds; non-renewal of contract; receivability of the complaint; start of time limit; time limit;
Judgment 121
20th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The renewal or non-renewal of a contract of employment is a matter within the discretion of the Director-General. Accordingly the Tribunal will not interfere with his decision unless it [...]. The Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct or qualifications of the person concerned."
Keywords:
conduct; contract; discretion; fixed-term; judicial review; non-renewal of contract; work appraisal;
Considerations
Extract:
"The correspondence on which the complainant relies as indicating the probability of renewal does not amount to a promise or make the renewal a matter of good faith."
Keywords:
contract; evidence; extension of contract; fixed-term; good faith; lack of evidence; non-renewal of contract; offer; promise;
Judgment 116
19th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
On the occasion of the partial renewals of her contracts, the complainant was advised to improve her performance. In concluding that the complainant's performance was still unsatisfactory and that her appointment should not be extended beyond the date of expiry, the Director-General gave a ruling which exhibits none of the flaws which may cause the Tribunal to interfere with such a decision. It has not, in particular, been established that the critical observations made of the complainant's work were based on materially incorrect facts.
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; unsatisfactory service;
Judgment 107
17th Session, 1967
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"As he was appointed for temporary fixed periods, [the complainant] is not entitled to claim reinstatement in a post of indefinite duration that he has never held."
Keywords:
contract; fixed-term; permanent appointment; right;
Judgment 65
11th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 65, consideration 1.
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 1
Extract:
"Having regard to the advisory opinion of the International Court of Justice [...] the [...] Administrative Tribunal is competent to hear complaints relating to the non-renewal of fixed-term appointments (ICJ : reports, 1956, page 77). Although this opinion concerns UNESCO officials, it applies by analogy to the staff of other organizations falling within the Tribunal's jurisdiction. Therefore, the complainant's prayer for the quashing of the decision not to renew her appointment is receivable."
Keywords:
advisory opinion of icj; competence of tribunal; contract; fixed-term; icj; non-renewal of contract;
Consideration 3
Extract:
"The decision not to renew the complainant's appointment [...] taken on the basis of a single unfavourable report after a long period of satisfactory service, would leave out of account essential material elements and would constitute an obviously wrong conclusion drawn from the record unless the appraisal report and the comments thereon disclosed sufficiently serious deficiencies in the work or conduct of the official concerned to justify by themselves the decision not to renew the official's appointment."
Keywords:
conduct; contract; different appraisals; disregard of essential fact; fixed-term; mistaken conclusion; non-renewal of contract; performance report; satisfactory service; unsatisfactory service;
Consideration 5
Extract:
"The reference to the complainant's conduct was properly part of the record incorporating the appraisal report and was not objected to as such by the complainant, so that the Director-General could properly take notice thereof in deciding whether, in the light of the facts disclosed in the 1960 report and comments thereon, the complainant's appointment should be extended."
Keywords:
acceptance; complainant; conduct; contract; fixed-term; non-renewal of contract; performance report; unsatisfactory service;
Judgment 56
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Director-General had good reason to believe that [the complainant's] behaviour was not beyond reproach, and that [...] her performance was inadequate and her attitude towards her colleagues insufferable. In these circumstances, it is quite clear that the refusal to renew the complainant's appointment is not tainted by any defect such as would justify either the quashing of the decision or the award of an indemnity."
Keywords:
conduct; contract; fixed-term; non-renewal of contract; output; unsatisfactory service; working relations;
Consideration 1
Extract:
Vide Judgment 65, consideration 2.
Reference(s)
ILOAT Judgment(s): 65
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 1
Extract:
Vide Judgment 65, consideration 1.
Reference(s)
ILOAT Judgment(s): 65
Keywords:
advisory opinion of icj; competence of tribunal; contract; fixed-term; icj; non-renewal of contract;
Consideration 4
Extract:
"A decision not to renew a fixed-term appointment bears no relation to disciplinary sanctions which an official may have incurred. It is precluded neither by imposition of, nor by the failure to impose, such sanctions. To hold as justified the decision complained of, therefore, it suffices to show that the organization had proper reasons for dispensing with the services of complainant on expiry of her contract." The organization was not bound to resort to the disciplinary procedure.
Keywords:
contract; fixed-term; grounds; judicial review; non-renewal of contract; organisation's duties;
Judgment 54
9th Session, 1961
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Where, as in the present case, no specific decision is taken, either at the request of the person concerned or by the administration acting on its own initiative, specifying that the temporary employment contract of [an] official is not to be renewed, the period within which the official may appeal against the refusal to renew his contract is reckoned from the day on which the contract expires."
Keywords:
contract; date; fixed-term; internal appeal; non-renewal of contract; notice; start of time limit; time limit;
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