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Renewal of contrat (718,-666)

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Keywords: Renewal of contrat
Total judgments found: 8

  • 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.

    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 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 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.

    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 3838


    124th Session, 2017
    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.

    Consideration 9

    Extract:

    Although, having regard to all the circumstances, the complainant could have little hope of his appointment being renewed, it cannot be said that his chances of obtaining a renewal were nil.

    Keywords:

    loss of opportunity; renewal of contrat;



  • Judgment .08


    Sessions of the Administrative Tribunal of the League of Nations, 1946
    League of Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    budgetary reasons; interpretation; local status; renewal of contrat;



  • Judgment .07


    Sessions of the Administrative Tribunal of the League of Nations, 1946
    League of Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    budgetary reasons; interpretation; local status; renewal of contrat;



  • Judgment .06


    Sessions of the Administrative Tribunal of the League of Nations, 1946
    League of Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    budgetary reasons; interpretation; local status; renewal of contrat;



  • Judgment .05


    Sessions of the Administrative Tribunal of the League of Nations, 1946
    League of Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    budgetary reasons; interpretation; local status; renewal of contrat;


 
Last updated: 23.07.2019 ^ top