Fixed-term (317, 318,-666)
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Keywords: Fixed-term
Total judgments found: 292
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Judgment 3282
116th Session, 2014
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.
Consideration 5
Extract:
As in Judgment 2916, under 4, the Tribunal holds that “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 […].” [...] Consistent case law states that “[a] staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation” (see Judgment 2414, under 23).
Reference(s)
ILOAT Judgment(s): 2414, 2916
Keywords:
fixed-term; non-renewal of contract; performance report; 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.
Judgment keywords
Keywords:
breach; complaint allowed; contract; decision quashed; discretion; extension of contract; fixed-term; offer; performance report; procedural flaw; staff regulations and rules; terms of appointment;
Judgment 3252
116th Session, 2014
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to extend her fixed-term contract for a period of one year instead of three years on the basis of an adverse evaluation report.
Judgment keywords
Keywords:
complaint allowed; decision quashed; extension of contract; fixed-term; work appraisal;
Consideration 6
Extract:
"It is necessary to make clear that the Tribunal’s role is not to adjudicate on the question of whether assessments made in appraisal reports are correct or whether discretionary decisions to employ a staff member on a fixed-term contract for one or three years are correct. Discretionary decisions of these types, involving assessment and evaluation, are entrusted to the responsible officers of the international organisations within the Tribunal’s jurisdiction. These types of decisions can only be set aside if they involve some breach of a formal or procedural rule, there is a mistake of fact or law or some material has been overlooked, or a plainly mistaken conclusion has been drawn from the facts, or if there is a misuse of authority (see, for example, Judgment 3006, consideration 7)."
Reference(s)
ILOAT Judgment(s): 3006
Keywords:
admissible grounds for review; discretion; disregard of essential fact; fixed-term; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; performance report; procedural flaw; rating; work appraisal;
Consideration 8
Extract:
"There is a general principle applied by this Tribunal that an organisation 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 (see Judgment 2414, consideration 24)."
Reference(s)
ILOAT Judgment(s): 2414
Keywords:
contract; decision; fixed-term; grounds; patere legem; unsatisfactory service; work appraisal;
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:
complaint dismissed; extension of contract; fixed-term;
Judgment 3190
114th Session, 2013
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who challenges the non-renewal of her fixed-term contract, failed to exhaust the internal means of redress.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; internal remedies not exhausted; non-renewal of contract;
Judgment 3178
114th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant her a salary increment.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3138, 3140
Keywords:
complaint dismissed; fixed-term; increment; performance report;
Judgment 3159
114th Session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully challenges the decision to abolish his post.
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 of contract; organisation's duties; reassignment; short-term; staff regulations and rules; successive contracts;
Judgment 3142
113th Session, 2012
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
Quite apart from the wrongful linking of the renewal of the complainant’s contract to the outcome of her complaint of harassment, the report of the ad hoc board did not justify the course taken. There is nothing to suggest that the complainant withdrew any of the specific claims made by her on 25 July 2009 and, as already noted, some of those claims were capable of being categorised as sexual harassment. Moreover, the board did not find that any of the claims were false. Further, although the board stated that it had come to the conclusion in its interview with the complainant that she “was withdrawing her claims of sexual harassment”, its ultimate conclusion was that “she did not pursue” these claims, a course which is entirely explicable in view of the absence of any reference to “sexual harassment” in the Terms of Reference. So far as concerns the claim of harassment generally, the Secretary-General committed an error of law in treating the situation as “serious” on the basis that there had been a finding that harassment had not occurred. It is entirely proper to treat as serious a situation where it is subsequently found that an allegation of harassment has no factual basis. In that situation, there has been a false accusation. In the present case, the ad hoc board found that there was a factual basis to the complainant’s claim, albeit without identifying the precise conduct involved. It found that there had been no harassment solely on the basis that the complainant’s supervisor neither knew nor ought to have known that his conduct – conduct that the Secretary-General said that he deplored – was unwelcome. And it did so simply on the basis that she had not told him so. Where behaviour is such as to satisfy all the elements in the definition of “harassment”, save knowledge on the part of the perpetrator, it is entirely proper for a staff member to make a claim of harassment. And a decision not to renew that staff member’s contract on the ground that a complaint of harassment, although properly made, was not sustained because the perpetrator neither knew nor ought reasonably to have known his conduct was unwelcome gives rise to an inference of retaliation. More particularly is that so where, as here, the contract of the person who engaged in the conduct concerned was renewed quite independently of the outcome of the investigation and the only real criticism that could be made of the person whose contract was not renewed was that she did not make her feelings known and did not make an “earlier attempt to resolve difficulties [...] in a less confrontational manner”.
Keywords:
fixed-term; non-renewal of contract; retaliation; sexual harassment;
Judgment 3087
112th Session, 2012
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; extension of contract; fixed-term; selection procedure;
Judgment 3085
112th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; non-renewal of contract; performance evaluation; retaliation; sexual harassment;
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 appointment;
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:
contract; decision; duty to inform; duty to substantiate decision; fixed-term; formal requirements; grounds; international civil service principles; non-renewal of contract; official; organisation's duties; right; unsatisfactory service; work appraisal; written rule;
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; contract; discretion; fixed-term; good faith; grounds; judicial review; non-renewal of contract; 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, paragraph 1, of the Statute
ILOAT Judgment(s): 1317, 2573
Keywords:
case law; contract; decision; fixed-term; non-renewal of contract; notice; right of appeal; safeguard; staff regulations and rules;
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; extension of contract; fixed-term; good faith; non-renewal of contract; waiver of right of appeal;
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 of contract; fixed-term; internal appeal; official; participation; participation excluded; pension entitlements; receivability of the complaint; request by a party; 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 of contract; fixed-term; promise;
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:
contract; date; fixed-term; good faith; notice; official; 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 to the rules; breach; claim; condition; consequence; contract; duration of appointment; extension of contract; external collaborator; fixed-term; limits; period; project personnel; provision; 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; contract; disclosure of evidence; fixed-term; further submissions; interlocutory order; judicial review; non-renewal of contract; 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; non-renewal of contract; official; organisation; period; right; separation from service;
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