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Offer (324, 325, 326, 327,-666)

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Keywords: Offer
Total judgments found: 57

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  • Judgment 309


    38th Session, 1977
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant's resignation, "which he gave of his own free will and without duress, was fully valid in law. It may have been given somewhat lightly, but the complainant is alone responsible and that fact does not vitiate its legal validity."

    Keywords:

    complainant; lack of consent; offer; resignation;



  • Judgment 267


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant had reached retirement age and his employment was not extended by the Director-General. "[I]t does not appear from the dossier that on his return to headquarters the complainant was promised any further appointment." Nor did the material letter "imply any such promise, particularly since it was not addressed to the complainant."

    Keywords:

    age limit; consequence; contract; evidence; headquarters; lack of evidence; offer; promise; retirement; transfer;



  • Judgment 251


    34th Session, 1975
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "A decision not to extend a fixed-term appointment or not to convert it into an appointment of indeterminate duration falls within the Director-General's discretionary authority. Hence the Tribunal may quash it only if [...]."

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal of contract; offer; permanent appointment;



  • Judgment 228


    32nd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    After working under a P.5 contract, the complainant accepted a P.4 mission on condition that his post would be upgraded to P.5. The organization had clearly informed him that the upgrading of his post would depend on the results of an administrative procedure; "it could not promise and had in fact never promised any positive outcome"; it "kept the complainant informed of the steps taken under the procedure and of developments. [The complainant] cannot therefore properly contend that the organization showed bad faith towards him."

    Keywords:

    acceptance; amendment to the rules; condition; contract; downgrading; good faith; grade; offer; post classification; promise; promotion;

    Consideration 3

    Extract:

    After holding a P.5 contract, the complainant was offered a P.4 mission. The appointment was "a new one and quite distinct from those he had previously held. His appointment at a lower grade cannot be assimilated to downgrading in the absence of any special circumstances."

    Keywords:

    amendment to the rules; contract; downgrading; grade; offer;



  • Judgment 227


    32nd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant notified the organization of his intention to resign if he were not appointed to a suitable post. While inviting him to apply for suitable positions in the usual way, the organization said that in the absence of notification to the contrary it accepted his resignation. The complainant confirmed his resignation and thereby "deprived himself of the right to reinstatement in the organization in his former post or in any other."

    Keywords:

    acceptance; complainant; consequence; offer; organisation; resignation; separation from service;



  • Judgment 226


    32nd Session, 1974
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    After the period of probation, the complainant was dismissed. "As to the claim for compensation, on which judgment was reserved in Judgment No. 194, the Tribunal considers that the sum [...] offered by the Director-General in his letter [...] is sufficient and therefore decides to award that sum to the complainant."

    Reference(s)

    ILOAT Judgment(s): 194

    Keywords:

    acceptance; amount; offer; organisation; probationary period; terminal entitlements; termination of employment; tribunal;



  • 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:

    "[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; same;



  • Judgment 189


    28th Session, 1972
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Whether the complainant did all that [could reasonably be expected of him] to comply with his obligations [under the rule respecting the submission of periodic reports in the event of illness] is open to doubt." The organization had offered to credit the complainant with four days' pay described as "special leave"; the complainant wanted "sick leave pay". The offer was sensible and reasonable and "the making of it left the claim without substance unless it could be said that some question of principle was involved. In the opinion of the Tribunal there is no such question."

    Keywords:

    cause of action; illness; lack of injury; no cause of action; offer; organisation; refusal; sick leave; special leave; staff member's duties;



  • Judgment 121


    20th Session, 1968
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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 88


    15th Session, 1965
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Both parties having agreed to the settlement of the complainant's claims by means of the payment of compensation, the Tribunal's task is confined to fixing the amount of such compensation. In any event, the complainant is entitled only to compensation for the injury actually caused to him by the rescinded decision."

    Keywords:

    amount; compensation; competence of tribunal; complainant; offer; organisation; reckoning; right; settlement out of court;



  • Judgment 84


    14th Session, 1965
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The substantial claim which the Tribunal has to consider is a complaint that the compensation which the complainant has already received is inadequate [...]. The complainant has received in all by way of compensation a sum equal to nine months' salary. Taking into account the fact that the appointment was terminated when it was still in the probationary period, the Tribunal considers that this compensation would be adequate even on the assumption that the decision to terminate the complainant's appointment was wrongful."

    Keywords:

    amount; competence of tribunal; offer; organisation; probationary period; terminal entitlements; termination of employment;



  • Judgment 71


    12th Session, 1964
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The letter in question took note of the complainant's application and confined itself to reminding him that, before the discussions embarked upon could reach a definite conclusion, he should send his personal history. "The firm offer of a contract was therefore made subject to the receipt of this personal history, which was required in order to enable the organization to determine finally whether to make such an offer." The actual wording of the letter clearly implied that no contractual relationship yet existed and that no promise of a contract had been made.

    Keywords:

    condition; contract; offer; promise;



  • Judgment 53


    9th Session, 1961
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant's claim for damages was well-founded. Compensation was paid to him after filing, but before the complaint was heard by the Tribunal. The complainant is entitled to costs. "As the Tribunal does not award costs to defendant organizations, the above-mentioned costs cannot be set off against costs in respect of the mistaken claim for transportation expenses withdrawn by the complainant after the submission of the organization's reply."

    Keywords:

    case pending; compensation; costs; exception; offer; organisation; settlement out of court;



  • Judgment 33


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The offer to pay the complainant compensation for the moral and material prejudice he suffered equivalent to six months' salary together with allowances has been maintained before the Tribunal; "the fact that the Director-General admitted the principle of granting compensation to the complainant in respect of the prejudice caused to him was such as to lead the complainant to file his complaint; [...] taking into account the particular circumstances of the case it appears justified that, as an exceptional measure, the complainant be granted compensation by way of participation in his costs."

    Keywords:

    acceptance; compensation; costs; exception; injury; material injury; moral injury; offer; organisation; settlement out of court; tribunal;



  • Judgment 32


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The Director-General's recognised right to grant or refuse an indeterminate appointment under [the applicable] Staff Regulation is sovereign and [...] it is not for the Tribunal to seek for or judge his reasons for so doing."

    Keywords:

    contract; discretion; grounds; judicial review; offer; permanent appointment; refusal;



  • Judgment 28


    6th Session, 1957
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (A)

    Extract:

    "The complainant, by accepting on several occasions and without reservation the payments made to him by the organisation [...], may be considered under general principles of law as having acquiesced in the actual offers which were made to him and as having relinquished the remainder of his claims."

    Keywords:

    acceptance; acquiescence; cause of action; compensation; no cause of action; offer; waiver of right of appeal;



  • Judgment 26


    6th Session, 1957
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complaint is tardy and irreceivable. The complainant, recruited for one month, suffered an accident. "The [...] organization has offered, and maintained its offer in the course of the oral proceedings, to pay the complainant [a] sum [...] amounting to six weeks' salary in fulfillment of its obligations to the complainant. Notwithstanding the fact that the complaint is irreceivable [...], the Tribunal, [...] noting that such payment is offered to the complainant [by the organization], rejects the complaint."

    Keywords:

    acceptance; compensation; complaint; offer; organisation; professional accident; receivability of the complaint; service-incurred; time bar; tribunal;

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Last updated: 02.07.2020 ^ top