Judgment No. 1385
Decision
1. THE COMPLAINANT IS ENTITLED AS FROM 5 APRIL 1993 TO THE TERMS AND CONDITIONS OF A FIXED-TERM APPOINTMENT AS PROVIDED BY RULE 3.5 OF THE RULES GOVERNING CONDITIONS OF SERVICE OF SHORT-TERM OFFICIALS OF THE INTERNATIONAL LABOUR OFFICE.
2. THE ORGANIZATION SHALL PAY HIM 4,000 SWISS FRANCS IN COSTS.
3. HIS OTHER CLAIMS ARE DISMISSED.
Consideration 12
Extract:
"As the Tribunal held in Judgment 701, under 5: 'the function of a court of law is to interpret and apply a contract in accordance with the intention of the parties.'"
Reference(s)
ILOAT Judgment(s): 701
Keywords
case law; enforcement; interpretation; contract; intention of parties
Considerations 12-13
Extract:
The complainant had his short-term appointment extended after a break during which he had an external collaboration contract. Under Rule 3.5 of the short-term rules whenever the appointment of a short-term official is extended by a period of less than one year so that the total continuous contractual service amounts to one year or more, the terms and conditions of a fixed-term appointment - with certain exceptions - apply. "The interruption of the complainant's appointment by the external collaboration contract was merely a device to deny him the protection of Rule 3.5 without forfeiting the benefit of his services. There being no change in the actual conditions of employment, the real intention was that he should continue to do the same work as before. [...] The external collaboration contract must be treated like any other of his short-term contracts that ensured continuity of service. So his 'total continuous contractual service' [exceeded one year] and he thus became entitled [...] to 'the terms and conditions of a fixed-term appointment'."
Reference(s)
Organization rules reference: ILO SHORT-TERM RULE 3.5
Keywords
external collaborator; staff regulations and rules; enforcement; interpretation; contract; extension of contract; duration of appointment; fixed-term; successive contracts; short-term; intention of parties; non-renewal of contract
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