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Legitimate expectation (272,-666)

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Keywords: Legitimate expectation
Total judgments found: 37

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  • Judgment 3776


    123rd Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision preventing her from receiving a merit-based increment.

    Consideration 11

    Extract:

    [N]o legitimate expectation can arise in contravention of a written rule [...].

    Keywords:

    legitimate expectation;



  • Judgment 3448


    119th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the complaint because the non-renewal of a fixed-term contract is discretionary.

    Consideration 7

    Extract:

    "It is well established in the Tribunal’s case law that the non-renewal of a fixed-term contract is discretionary. Such a decision is subject to only limited review by the Tribunal, which respects the freedom of an international organization to determine its own staffing requirements and the career prospects of staff members. A person who is employed on a fixed-term contract does not have a right or a legitimate expectation to a contract extension. Accordingly, the Tribunal will not interfere with a decision not to extend such a contract unless the decision was made without authority, or in breach of a rule of procedure, or was based on a mistake of fact or of law, or overlooked some essential fact, or amounted to an abuse of authority."

    Keywords:

    discretion; fixed-term; judicial review; legitimate expectation; non-renewal of contract;



  • Judgment 3358


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who has dual nationality, impugns the cessation of the payment of an education allowance on the ground that he was a national of the country in which he served.

    Consideration 6

    Extract:

    "The decision to cease paying the education allowance would be open to criticism only if it had violated acquired rights or a legitimate expectation the complainant might have had that the previous situation would be maintained."

    Keywords:

    acquired right; legitimate expectation;



  • Judgment 2867


    108th Session, 2010
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "Although the Joint Appeals Board recommended that the complainant be reinstated in a post in the Global Mechanism, there is no evidence that her contract would have been renewed for the 2008- 2009 biennium. Accordingly, reinstatement will not be ordered. However, as the abolition of her post was the only reason advanced for the non-renewal of the complainant's contract and there is nothing to suggest that her contract would not otherwise have been extended for two years, she is entitled to material damages in the amount of salary and other benefits she would have received had her contract been renewed for a further two years, together with interest [...]."

    Keywords:

    abolition of post; extension of contract; legitimate expectation; material damages; non-renewal of contract; reinstatement; staff reduction;



  • Judgment 2729


    105th Session, 2008
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "[I]f a donor government offers to fund the post of an associate expert for a further period, there is an obligation on the organisation in question to consider that offer in good faith. So much is implicit in the general duties of care and good faith owed by an organisation to its staff. That is not to say, however, that an organisation is bound to accept any such offer. It is simply to say that a person [...] is then entitled to have his or her contract renewed unless there is a valid reason for rejecting the offer. The same duty of good faith requires that an organisation not do anything to prevent such an offer being made."

    Keywords:

    contract; decision; good faith; grounds; legitimate expectation; non-renewal of contract; offer; organisation's duties; period; post; refusal;



  • Judgment 2678


    104th Session, 2008
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "Although the impugned decision must be set aside, it does not follow, as claimed by the complainant, that he is entitled to material damages on the basis that his contract should have been renewed [...]. A fixed-term contract carries no right to renewal. Moreover, there is no basis for assuming that a proper evaluation and review of the complainant's performance [...] would have resulted in any extension of his contract. However, he lost a valuable opportunity to have the question of renewal considered on the basis of a proper review of his performance [...]. The loss of that opportunity warrants an award of material damages in the amount of 7,500 euros."

    Keywords:

    compensation; condition; contract; decision; extension of contract; fixed-term; injury; legitimate expectation; material damages;



  • Judgment 2337


    97th Session, 2004
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The case law cited [by the complainant] refers to the situation of a staff member who, failing any indication to the contrary, can rely on the continuation of his contractual relations (either not terminated or renewed), since according to the rules of good faith the Organization should warn the staff member if it considers his performance unsatisfactory in order to give him a chance to improve. The situation is different if an organisation [...] restricts the number of fixed term contracts a staff member may be given and lays down specific conditions for the award of an indefinite contract. In this case, the staff member cannot sit back and wait for his contract to be turned into an indefinite contract, since he will be expected to meet stricter requirements. Of course, the Organization is not on that account relieved of its duty of care towards the staff member, and, in accordance with the rules of good faith, it must warn him either if it is convinced that he is simply incapable of performing the duties attached to an indefinite contract, or if it believes that, in order to perform them the staff member must improve the quality of his work still further. This is an obligation the Organization must fulfil particularly in the context of periodic performance appraisals."

    Keywords:

    case law; condition; contract; duty to inform; fixed-term; good faith; legitimate expectation; organisation's duties; performance report; permanent appointment; satisfactory service; successive contracts; unsatisfactory service; work appraisal;



  • Judgment 2081


    92nd Session, 2002
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The issue to be resolved [...] is whether the complainants are barred from objecting to the [organisation]'s failure to take into account the corrected level of salaries for 1995 in determining the salaries for 1996 and 1997, because they did not first challenge their salaries for 1996 and 1997 [... ] when they were originally fixed. But in view of the circumstances, to make such a demand on them would be pedantic and wanting in good faith. As the parties were aware at the time, the salary levels for 1995 were under challenge [...] Moreover, any change in salary levels will ordinarily affect pay in subsequent years. The staff therefore had good reason to believe that a change in pay for 1995 would have a "knock on" effect on the level of salaries used as a basis for calculating pay in the future. Moreover, the [organisation] could be in no doubt that this was what staff would expect. In these circumstances, and having given them no indication to the contrary, the [organisation] could not require staff to challenge each new determination of their salaries on the conditional and hypothetical basis that any successful challenge to the remuneration for a previous year (in this case 1995) should automatically be carried through to the salary levels taken into account in subsequent years."

    Keywords:

    amendment to the rules; amount; consequence; formal requirements; general principle; good faith; legitimate expectation; official; receivability of the complaint; right of appeal; salary; time bar;



  • Judgment 1610


    82nd Session, 1997
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "Career prospects are not something that exist independently. If the refusal of renewal is lawful, so is the ending of the career."

    Keywords:

    career; contract; fixed-term; international civil service principles; legitimate expectation; non-renewal of contract; separation from service;



  • Judgment 1526


    81st Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "An organisation owes its staff a general duty of care, and must not cause them undue hardship. A case of non-renewal is no exception. The duty may entail avoidance or reduction of injury that termination may cause [...] at least when it was not a short-term appointment, when the record of service was long, and when the official had reasonable expectations of making a career in the organisation."

    Keywords:

    career; contract; duration of appointment; general principle; injury; legitimate expectation; moral injury; non-renewal of contract; official; organisation's duties; respect for dignity; short-term;



  • Judgment 1427


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant is entitled to "moral damages for the injury due to the thwarting of his legitimate expectation of prompt and correct execution of the Tribunal's judgment."

    Keywords:

    administrative delay; application for execution; execution of judgment; judgment of the tribunal; legitimate expectation; moral injury; organisation's duties;



  • Judgment 1390


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    Article 15 of Annex 1 to the Eurocontrol Convention says that "the Agency shall be empowered to recruit personnel directly only if the contracting parties are unable to make qualified personnel available to it". The Tribunal holds that the provision "limits the organisation's freedom to recruit by giving priority to candidates prescribed by the contracting parties over 'outside' candidates, but it puts no restrictions on the organisation's freedom to assess the suitability of applicants, wherever they may come from, nor its right to give serving staff a reasonable opportunity of advancement provided that they are as well qualified as other candidates."

    Reference(s)

    Organization rules reference: ARTICLE 15 OF ANNEX 1 TO THE EUROCONTROL CONVENTION

    Keywords:

    appointment; candidate; career; competition; competition cancelled; discretion; equal treatment; internal candidate; international instrument; interpretation; legitimate expectation; member state; official; priority; promotion; qualifications;



  • Judgment 1362


    77th Session, 1994
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[S]ince the dispute arose out of the decision not to renew [the complainant's] two-year appointment, the organization is right as a matter of principle to refuse his claim to damages for loss of a full career. The two consecutive awards of one year's salary afford sufficient redress to someone who had a rightful expectation of renewal for no more than two years. His claims under this head fail."

    Keywords:

    amount; application for execution; career; compensation; contract; fixed-term; injury; legitimate expectation; non-renewal of contract;



  • Judgment 1351


    77th Session, 1994
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "A decision not to renew a fixed-term contract does not interfere with any contractual right but merely disappoints expectation of further employment. The complainant is not entitled to the exceptional relief of reinstatement but only to an award of damages".

    Keywords:

    compensation; contract; damages; decision; exception; fixed-term; legitimate expectation; non-renewal of contract; reinstatement;



  • Judgment 1342


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The Organization decided not to extend the complainant's appointment. It submits that the project to which it assigned him was one of limited duration and that there was accordingly no need to apply the reduction-in-force procedure. "Here the project was not one of limited duration. First, the WHO has not produced any document which established the complainant's post or prescribed its duration. Moreover, even assuming that it might have begun as a post of limited duration, the several extensions of it show that it had become one of indefinite duration and the complainant was therefore entitled on the abolition of it to have the reduction-in-force procedure applied."

    Keywords:

    abolition of post; amendment to the rules; creation of post; due process; fixed-term; legitimate expectation; moral injury; permanent appointment; post; post held by the complainant; procedure before the tribunal; staff reduction;



  • Judgment 1323


    76th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    Vide Judgment 133.

    Reference(s)

    ILOAT Judgment(s): 133

    Keywords:

    candidate; career; internal candidate; legitimate expectation; organisation's interest; post; priority; professional experience; satisfactory service; seniority; staff member's interest;



  • Judgment 1317


    76th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 20-21

    Extract:

    The ITU alleges that as a member of project personnel the complainant could not expect his appointment to be renewed after a restructuring exercise, unlike headquarters officials whose appointments were extended. "It is clear from the Staff Regulations and the relevant rules that the provisions on fixed-term appointments are in substance the same for both [headquarters and project personnel]. [...] The Union is mistaken in relying on [a rule] to rebut the complainant's charge of discrimination in favour of other staff".

    Keywords:

    contract; equal treatment; fixed-term; headquarters official; legitimate expectation; non-renewal of contract; project personnel; reorganisation; staff regulations and rules; status of complainant;



  • Judgment 1232


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant, a civil servant of the organization who had been sentenced in his country of origin, was released from prison but was not allowed to leave the country. Under duress he wrote a letter applying for early retirement which was forwarded to the organization by his government. The organization accepted the request and rejected the complainant's internal appeal against that decision. The Tribunal quashes the decision. "On the evidence he was a good employee and he had his appointment constantly renewed from the start of his imprisonment until the date of consent to his early retirement. He might therefore have reasonably expected renewal of appointment up to the age of retirement."

    Keywords:

    condition; contract; extension of contract; fixed-term; legitimate expectation; satisfactory service; work appraisal;



  • Judgment 1090


    70th Session, 1991
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant says that the Executive Director of the World Food Programme assured him in an interview that he could be sent to Tunisia for one term. The evidence shows that the organization took ten months before making its position clear without however denying outright that the Executive Director had made such a promise. The complainant therefore had good reason to expect up to then that he would get what he wanted. The FAO's behaviour could but cause the complainant at least moral injury for which he is entitled to redress.

    Keywords:

    injury; legitimate expectation; moral injury; promise; transfer;



  • Judgment 687


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Although the complainant's performance showed improvement by the end of an extended period of probation, the organisation dismissed him. The Tribunal holds that the extension of probation gave him reason to believe that if his work was found satisfactory he would get appointed. The President drew clearly mistaken conclusions from the evidence. His decision is set aside and the complainant is referred back to the organisation for determination of his rights on reinstatement in its employ as from the date of his dismissal.

    Keywords:

    extension of contract; legitimate expectation; mistaken conclusion; probationary period; reconstruction of career; reinstatement; satisfactory service; termination of employment;

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Last updated: 23.10.2020 ^ top