Contract (292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 661, 660, 686, 309, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 648, 654, 671,-666)
You searched for:
Keywords: Contract
Total judgments found: 428
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Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"The damage caused to the complainant's career and reputation is so grave that no form of redress short of reinstatement and the grant of a further contract of employment will suffice."
Keywords:
career; compensation; contract; injury; material injury; moral injury; reinstatement;
Judgment 1374
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Even if the reduction-in-force procedure had been properly carried out the letters [which the PAHO sent the complainants] did not give valid notice of termination. They gave the complainants only just over one month's notice [...], not the three months to which they were entitled under Rule 1050.3. For that reason too the complainants' contracts must be deemed to have been extended by implication."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.3
Keywords:
contract; flaw; intervention; non-renewal of contract; notice; procedure before the tribunal; reinstatement; staff reduction; staff regulations and rules; time limit;
Consideration 6
Extract:
According to the case law (see Judgments 469 and 1045) the reduction-in-force procedure "must be followed before, not after, notice of termination is given. In line with the rules and the case law, therefore, the notices of termination served on the complainants [...] were premature and so unlawful and without effect. For that reason [...] their contracts must be deemed to have been extended by implication."
Reference(s)
ILOAT Judgment(s): 469, 1045
Keywords:
case law; contract; due process; flaw; non-renewal of contract; notice; procedure before the tribunal; reinstatement; staff reduction; staff regulations and rules;
Judgment 1371
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The complainant not having received any valid notice under Rule 1050.3, his contract was renewed by implication and remains in force."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.3
Keywords:
contract; flaw; non-renewal of contract; notice; reinstatement; staff regulations and rules; termination of employment;
Judgment 1369
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The Tribunal must enforce the law within the full ambit of the competence its Statute vests in it. For that purpose it will apply any material rule of law, be it international or administrative or labour law or any other body of law. The only sort it will not apply is national law, save where there is express renvoi thereto in the Staff Regulations or contract of employment: see Judgment 1311 [...], under 15."
Reference(s)
ILOAT Judgment(s): 1311
Keywords:
applicable law; case law; competence of tribunal; contract; domestic law; exception; iloat statute; insurance benefits; international civil service principles; international instrument; law of contract; right; staff regulations and rules; written rule;
Judgment 1368
77th Session, 1994
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"For the reasons given in Judgment 1329, under 6, the complainants may not directly seek the quashing of the Council's decision [...]. They may, however, challenge the individual decisions in their pay slips [...] by pleading the unlawfulness of the [Council's decision] and the infringement of any acquired rights they lay claim to under rules or contract."
Reference(s)
ILOAT Judgment(s): 1329
Keywords:
acquired right; application for quashing; breach; contract; general decision; individual decision; payslip; receivability of the complaint; staff regulations and rules;
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 11
Extract:
"The Organisation's failure to have the appraisal of the complainant's performance [...] available when it decided not to renew his contract was a procedural flaw which had the effect of excluding an essential fact from consideration."
Keywords:
administrative delay; contract; disregard of essential fact; material damages; non-renewal of contract; performance report; procedural flaw; work appraisal;
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 1350
77th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"A decision as important as termination before expiry of a fixed-term appointment on other than disciplinary grounds must scrupulously observe due process and the safeguards that an appointment with an international organisation affords, whether under the contract or under the rules. In this case the procedure was flawed and the safeguards were not observed. The impugned decision to terminate the complainant's appointment therefore cannot stand, and UNESCO must pay him damages in an amount equivalent to the pay he would have been entitled to had his appointment expired" on the date it was due to run out.
Keywords:
contract; due process; fixed-term; procedural flaw; safeguard; staff regulations and rules; termination of employment;
Judgment 1349
77th Session, 1994
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"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. The exercise of such discretion is subject to review, but only to limited review, the Tribunal respecting the organisation's freedom to determine its own requirements and the career prospects of staff."
Keywords:
amendment to the rules; contract; discretion; duration of appointment; fixed-term; judicial review; limits; non-renewal of contract; organisation's interest; permanent appointment;
Consideration 14
Extract:
"Professional shortcomings are a typical justification for straightforward separation on expiry of a temporary appointment".
Keywords:
cause; contract; fixed-term; judicial review; non-renewal of contract; organisation's interest; unsatisfactory service;
Judgment 1342
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
There is evidence that the reasons the WHO gave for not extending his appointment were mistaken. "The refusal to extend the complainant's contract on patently untenable grounds makes it 'more probable than not' that the decision was actuated by personal prejudice against him. It therefore cannot stand."
Keywords:
bias; contract; moral injury; non-renewal of contract; presumption; separation from service;
Judgment 1337
77th Session, 1994
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The special service agreement that the complainant signed stated that it was between him and the United Nations. The fact that it provided for services to [subsidiary bodies of the FAO] does not make either of those bodies or the FAO itself a party to the contract or liable thereunder. The conclusion is that the Tribunal is not competent to hear the case."
Keywords:
competence of tribunal; contract; coordinated organisations; non official; organisation; unat;
Judgment 1335
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Decisions to renew or extend fixed-term appointments are at the discretion of the executive head, on the understanding, however, that he shall exercise it for the good of the organisation and in its interests."
Keywords:
contract; decision; discretion; executive head; extension of contract; fixed-term; limits; organisation's interest;
Judgment 1330
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the Tribunal's case law, receivability does not depend on proving actual and certain injury. All that a complainant need show is that the decision under challenge may impair the rights and safeguards that an international civil servant claims under staff regulations or contract of employment."
Keywords:
case law; cause of action; complaint; contract; injury; receivability of the complaint; safeguard; staff member's interest; staff regulations and rules;
Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
The organisation says that the non-renewal of the complainant's appointment was warranted by restructuring operations in its regional offices. "The duty to state the reasons for a decision forms part of any due administrative process. The Tribunal is not questioning that there was an objective need for the reforms the Union brought in [but] the Union ought to have explained to him why the reforms warranted removing him. It did not. The ITU ignored a long line of precedents on non-renewal procedure."
Keywords:
case law; contract; discretion; duty to substantiate decision; fixed-term; non-renewal of contract; organisation's interest; reorganisation;
Consideration 38
Extract:
"A fixed-term appointment will automatically cease to have effect upon expiry. But according to the case law a contract of service, even if for a fixed term, creates in law a relationship of employment; that relationship exists in an administrative context and is subject to a set of staff regulations; and there may therefore be requirements or consequences that go beyond the bounds of the contract as such."
Keywords:
case law; consequence; contract; effect; fixed-term; law of contract;
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;
Consideration 23
Extract:
"Consistent precedent has it that even where an organisation's Staff Regulations say that a fixed-term contract is ipso facto extinguished on expiry non-renewal is to be treated as a distinct and challengeable administrative decision." After referring to Judgments 17 and 1040, the Tribunal observes that "that requirement is an indispensable safeguard of security of employment in the international civil service, which indeed, unlike many national civil services and some regional organisations, commonly grants fixed-term appointments."
Reference(s)
ILOAT Judgment(s): 17, 1040
Keywords:
case law; contract; decision; domestic law; fixed-term; international civil service principles; non-renewal of contract; notice; right of appeal; safeguard; staff regulations and rules;
Consideration 24
Extract:
Several recent rulings [...] sharply define the ambit of such review in line with the case law affirmed from the outset: see Judgments 956 [...] under 2 and 3; 1262 [...] under 4; and 1273 [...] under 8.
Reference(s)
ILOAT Judgment(s): 956, 1262, 1273
Keywords:
abuse of power; case law; contract; decision; discretion; due process; duty to substantiate decision; fixed-term; flaw; formal flaw; judicial review; mistake of fact; misuse of authority; non-renewal of contract; notice; organisation's interest; procedural flaw; right to reply;
Considerations 22-23
Extract:
The ITU, relying on material provisions in the Staff Regulations and Rules, argues that the complainant's fixed-term appointment automatically expired when his contract ran out and that it had no need to take a decision on non-renewal. The Tribunal, having made clear that those provisions "have counterparts in the Staff Regulations and Staff Rules of several other international organisations", holds that its ruling on this case "must be in line with what proves to be an important feature of the common law of international organisations, or at least of those that define contracts by category in determining relations with their employees. [...] Consistent precedent has it that [...] a fixed-term contract", even a temporary one, "is to be treated as a distinct and challengeable administrative decision."
Keywords:
case law; contract; coordinated organisations; decision; fixed-term; law of contract; non-renewal of contract; notice; rule of another organisation; staff regulations and rules;
Considerations 37-39
Extract:
The complainant seeks reinstatement in a post he held under a fixed-term appointment. "Reinstatement is a form of restitutio in integrum that will afford proper redress when the holder of an indefinite appointment has been wrongfully dismissed. [...] The Tribunal may consider ordering the reinstatement even of someone who held a fixed-term appointment provided that the circumstances are exceptional". Having referred to the relevant case law on exceptions, the Tribunal observes that there is nothing exceptional in the present case and dismisses his main claim "since reinstating him would in the circumstances be tantamount to direct interference by the Tribunal in the structuring of the ITU's secretariat".
Keywords:
case law; contract; fixed-term; non-renewal of contract; permanent appointment; reinstatement; termination of employment;
Judgment 1312
76th Session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant was held against his will in his home country and could not return to his duty station at the end of his home leave. He seeks the quashing of the decision not to renew his appointment. Whether or not the Agency was competent to settle the issue which led the authorities of his country to keep him from returning to his duty station, it "had and still has the duty to safeguard its employee's right to work in full independence for his employer".
Keywords:
contract; fixed-term; independence; non-renewal of contract; official; organisation's duties;
Consideration 12
Extract:
See Judgment 1317, consideration 24.
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
case law; contract; discretion; fixed-term; judicial review; mistake of fact; non-renewal of contract;
Consideration 14
Extract:
The complainant started divorce proceedings and was charged with acting against "law and morals" in his home country and was held there against his will. He was unable to return to his duty station at the end of his home leave and the Agency decided not to renew his appointment. "Circumstances relating to an official's private life - even though they may prompt civil or penal proceedings - are relevant in the area of administration only insofar as they may affect his performance of official duties."
Keywords:
conduct; contract; fitness for international civil service; fixed-term; municipal court; non-renewal of contract; outside activity; staff member's duties;
Judgment 1298
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Vide Judgment 1154, consideration 4.
Reference(s)
ILOAT Judgment(s): 1154
Keywords:
case law; contract; decision; discretion; duty to inform; duty to substantiate decision; fixed-term; judicial review; non-renewal of contract; organisation's duties;
Judgment 1290
75th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Director-General enjoys wide discretion in the matter of renewal of a fixed-term appointment and the Tribunal will exercise only a limited power of review. It will, moreover, show special restraint when a decision not to renew rests on appraisal by the staff member's own supervisors: because of their technical qualifications and familiarity with his work and personal attributes they are, after all, best fitted to advise the Director-General."
Reference(s)
ILOAT Judgment(s): 1184
Keywords:
contract; discretion; executive head; fixed-term; judicial review; non-renewal of contract; supervisor; work appraisal;
Judgment 1286
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
See Judgment 1285, considerations 8 and 9.
Reference(s)
ILOAT Judgment(s): 1285
Keywords:
competence of tribunal; contract; coordinated organisations; organisation; unat;
Judgment 1285
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
The World Food Program is "a joint endeavour of the United Nations and the FAO. Although in some circumstances an agreement signed by the WFP might have bound the organization, in this case every special service agreement that the complainant signed stated that it was between him and the United Nations. [...] The conclusion is that the Tribunal is not competent to hear the case."
Keywords:
competence of tribunal; contract; coordinated organisations; non official; organisation; unat;
Judgment 1278
75th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The WHO may not absolve itself from liability for keeping a promise by pointing to the provision that there shall be no expectation of renewal."
Keywords:
contract; extension of contract; fixed-term; organisation's duties; promise; right; staff regulations and rules;
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