Judgment No. 465
THE COMPLAINT AND THE ESO'S APPLICATION IN RESPECT OF COSTS ARE DISMISSED.
The organisation's offer to convert the complainant's fixed-term contract into a contract without limit of time was not arbitrary. It was evidence of the organisation's view "that it need no longer reconsider at regular intervals whether or not to employ him" and evidence therefore of its confidence in him. "Had he accepted [the organisation's] offer it could have got rid of him only if he had committed a disciplinary offence. He would have enjoyed greater employment stability and yet would still have had the right to terminate the contract at any time. His obligations [...] would [...] have been no greater."
complainant; organisation; security of tenure; amendment to the rules; contract; fixed-term; permanent appointment; offer; refusal
"The Tribunal disallows the [organisation's] application for a full or partial award of costs against the complainant."
tribunal; costs; counterclaim; refusal
At the end of each period of employment there should be an opportunity to review the terms of the expiring contract. "A radical recasting of the terms might be treated as constituting a break of a kind warranting the grant of an allowance. Subject to review by the Tribunal, however, the organisation may, with due regard to its own interests and to the staff member's rights, offer new contractual terms [...] not every offer will be such that the staff member who declines it and leaves may claim the indemnity: it is all a matter of degree."
amendment to the rules; contract; consequence; material damages