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 817
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"No contract of employment will come into being unless there are an unqualified offer by the employer, agreement between the parties on the essential terms, and unqualified acceptance by the employee."
Keywords:
acceptance; contract; definition; elements; law of contract; offer;
Judgment 803
61st Session, 1987
International Computing Centre (World Health Organization)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
According to the Tribunal's case law, a contract is concluded only if both parties have shown contractual intent, all the essential terms have been agreed on and all that may remain is a formality requiring no further agreement. The Tribunal holds that in this case those conditions are not fulfilled. The complainant neither accepted the work plan put to him by the defending organisation nor proved that promises were made to him.
Keywords:
case law; condition; contract; definition; iloat; intention of parties; lack of evidence; promise;
Consideration 1
Extract:
"According to Article II, paragraph 4, of its Statute, the Tribunal is competent to hear disputes arising out of contracts to which the organisation is a party and which provide for the competence of the Tribunal in any case of dispute with regard to their execution. The Tribunal is competent to hear this case under that provision and because the International Computing Centre, which is party to the dispute, is administered by the World Health Organization, which has recognised the Tribunal's jurisdiction."
Reference(s)
ILOAT reference: ARTICLE II(4) OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; status of complainant;
Judgment 782
60th Session, 1986
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The right to fulfillment of a promise "is conditional. One condition is that the promise should be substantive, i.e. to act, or not to act, or to allow. Others are that it should come from someone who is competent or deemed competent to make it; that breach should cause injury to him who relies on it; and that the position in law should not have altered between the date of the promise and the date on which fulfillment is due. It does not matter what form the promise takes: it may be written or oral, express or implied."
Keywords:
condition; contract; formal requirements; permanent appointment; promise;
Judgment 756
59th Session, 1986
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The abolition was in fact just an expedient hurriedly found to put an end to the complainant's employment. That that is so is plain from evidence that shows the secretarial duties she had been performing were assigned to two others immediately after she left. Contrary to the telex sent to her on 21 August 1984 and informing her of the decision of 15 August, which said that her post was no longer considered necessary, in fact it was. the Tribunal accordingly holds that a mistaken and wrongful procedure was followed to end her contract and that the measure was therefore unlawful." The Tribunal orders the organization to reinstate the complainant.
Keywords:
abolition of post; abuse of power; contract; fixed-term; misuse of authority; reinstatement; termination of employment;
Judgment 744
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
Under the circumstances, the Tribunal shall be competent to hear the complaint, the complainant being entitled to assert a right granted to him under the headquarters agreement and which accrues to him by virtue of the terms of appointment.
Keywords:
competence of tribunal; contract; enforcement; headquarters agreement; international instrument;
Judgment 726
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
An acquired right, first, "may be a right which is laid down in a provision of the Staff Regulations or Staff Rules and which is of decisive importance to a candidate for appointment with the organisation. [...] Secondly, a right may be acquired under a provision of the contract of appointment which the parties intend should be inviolate."
Keywords:
acquired right; contract; definition; staff regulations and rules;
Judgment 703
57th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Though a seconded official holds a fixed-term appointment his position is out of the ordinary. He cannot expect his contract to last more than two years unless the organisations decide differently. But on leaving the receiving organisation he goes back to the releasing one [...] It is therefore only reasonable that either organisation should have the right to end the secondment if it so wishes on the expiry of the prescribed period without having to explain its decision."
Keywords:
consequence; contract; discretion; duty to substantiate decision; fixed-term; non-renewal of contract; organisation's duties; reinstatement; secondment;
Consideration 7
Extract:
"The alleged promises were not in writing, the FAO denies they were ever made and it is not proved that they were. Besides, to be enforceable, they would have had to be agreed to by both organisations".
Keywords:
condition; contract; extension of contract; fixed-term; non-renewal of contract; promise; secondment;
Consideration 9
Extract:
"The holder of a fixed-term appointment is entitled to know the date of separation early enough to enable him to arrange things."
Keywords:
contract; fixed-term; non-renewal of contract; notice; organisation's duties; reasonable time; secondment; time limit;
Judgment 702
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The Tribunal assesses the period of the notice which PAHO ought to have given as twelve months, that is, one month for every year or fraction of a year of service. This is the measure prescribed by Uruguayan labour law and it is also one which is employed in a number of other countries."
Keywords:
amount; contract; domestic law; enforcement; non-renewal of contract; notice; short-term;
Consideration 1, Summary
Extract:
The Tribunal finds that even though the complainant was never strictly speaking a staff member of the organization his link with it was more than a purely casual one. Accordingly, the organization's objection to the Tribunal's jurisdiction is overruled.
Keywords:
competence of tribunal; contract; external collaborator; ratione personae; short-term; status of complainant;
Judgment 701
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
See Judgment 702, consideration 12.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
amount; contract; domestic law; enforcement; non-renewal of contract; notice; short-term;
Consideration 1, Summary
Extract:
See Judgment 702, consideration 2, summary.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
competence of tribunal; contract; external collaborator; ratione personae; short-term; status of complainant;
Judgment 698
57th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant submits that according to the Tribunal's case law the termination of secondment need not entail the termination of appointment in an international organisation. The plea is mistaken."
Keywords:
contract; fixed-term; non-renewal of contract; secondment; separation from service;
Judgment 688
57th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant has been employed under fixed-term contracts since 1976. He claims to be entitled to an appointment of indeterminate duration by virtue of national legislation. The Tribunal will not rule on the applicability of national legislation. It limits itself to noting that if national legislation is applicable, the Tribunal has no power of review and if it is not applicable, the Tribunal must examine the alleged breaches of Staff Regulations by the organisation; it finds no evidence of a breach.
Keywords:
competence of tribunal; contract; domestic law; fixed-term; permanent appointment; right; successive contracts;
Judgment 675
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Having served the organization since 1969, the complainant was seconded for two years to the UNDP in 1980. In 1982 the organization decided not to extend the appointment or the secondment. The Tribunal holds that the organization committed an error of law by assuming that a fixed-term appointment expires automatically on the specified expiration date, and an abuse of power for having terminated the complainant without stating its reasons. The award of damages reflects the especially grave moral injury sustained by the complainant.
Keywords:
abuse of power; contract; discretion; duty to substantiate decision; fixed-term; flaw; legitimate expectation; misuse of authority; moral injury; non-renewal of contract; secondment;
Judgment 665
56th Session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Renewal of an appointment is a discretionary decision. Although the rule provides for automatic expiry in the absence of offer and acceptance of an extension of contract, the decision is still subject to review by the Tribunal, which will set it aside if there was a formal or procedural flaw, or a mistake of fact or of law, or if essential facts were overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the evidence."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Summary
Extract:
The reason given for non-renewal of the complainant's contract was unsatisfactory performance. The evaluation report for 1981 was signed long after the time limit laid down in the Staff Rules. Only a few weeks elapsed between the completion of the 1981 report and the processing of the 1982 report. As a result, the impugned decision took no account of the fact that between the complainant's two last performance reports he was not given time to add his objections or to show he could come up to expectation. The decision overlooked an essential fact and drew clearly mistaken conclusions from the evidence. The complainant is entitled to damages.
Keywords:
administrative delay; contract; disregard of essential fact; fixed-term; flaw; material damages; mistaken conclusion; moral injury; non-renewal of contract; performance report; right to reply; time limit; unsatisfactory service;
Judgment 664
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant, who was the victim of an accident, took up duty after the date originally agreed upon. The date on which she took up duty was set as her date of appointment. The delay in her recruitment did not lead to novation of the whole contract. Only one of the terms of the contract was altered. The others remained in force and were applied in full. The suspension of the contract did not lead to its annulation. If it had, the organisation might have refused to appoint the complainant when she became fit to start work. "Yet that would have been neither fair nor reasonable."
Keywords:
amendment to the rules; appointment; contract; date; elements; professional accident;
Consideration 2
Extract:
The Service Regulations provide for the date on which an appointment takes effect not to be prior to the date on which the official takes up his duties except in case of force majeure. This is "a corollary of the general rule that a unilateral act may not be retroactive." The organisation held "the belief that one term of the contract which governed relations between the two sides had proved unenforceable because of an incident beyond its control." The complainant, who had been injured in an accident, was not fit to report for duty on the date she was due to start; there was not force majeure.
Keywords:
appointment; contract; date; exception; force majeure; professional accident;
Judgment 648
55th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The letter is clear and precise and leaves no doubt about the organization's intentions: 1] that the letter and appended form should not be treated as an offer, 2] that such an offer would be made only when various other matters had been settled, 3] that there would be confirmation of an offer, and 4] that the complainant should remain free to make up his mind and might still turn an offer down. The sole purpose of sending the 'terms of appointment' was to give particulars about the appointment. Only by deliberate distortion of the terms of the letter could its appendix be treated itself as an offer. In subscribing to the declaration, the complainant cannot but have been aware that he was signing no contract.
Keywords:
contract; offer;
Judgment 628
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The responsible officers carried out an on-the-spot investigation and concluded that the decision not to renew the complainant's contract was correct. "There is no reason to believe that these experienced officers would not be able to assess, quite dispassionately and accurately, the work performance of the complainant or that their advice was not fair and unprejudiced."
Keywords:
contract; fixed-term; inquiry; investigation; non-renewal of contract; unsatisfactory service;
Consideration 3
Extract:
The decision not to renew the complainant's contract suffers from no procedural defects. The organisation concedes that the complainant's case was mishandled. The chairwoman of the staff union made a strong protest against the treatment of the complainant. The organisation acknowledged that the complainant had been put to unnecessary hardship and it offered him an indemnity equal to six months salary. The complainant claims 20,000 dollars as material compensation for moral damages and grave defamation of character. "This is quite disproportionate to the damage suffered by him. [...] The ILO's offer is fair, and a sum equivalent to six months' salary and family allowance [...] is reasonable compensation."
Keywords:
amount; contract; fixed-term; material damages; moral injury; non-renewal of contract;
Consideration 2
Extract:
"The Director-General has a duty to ensure that the organisation is efficiently run. If in seeking to preserve efficiency he exercises his discretion not to renew a contract, it must be taken, unless the contrary is proved, that he is acting in the best interests of the organisation."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's interest;
Judgment 623
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A contract like the complainant's automatically ends on expiry and the contractual relationship terminates forthwith. Such a contract does not as a rule confer any right to renewal, and renewal is a matter of discretion".
Keywords:
contract; discretion; fixed-term; non-renewal of contract;
Judgment 621
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"A contract is concluded only if both parties have shown contractual intent, all the essential terms are worked out and agreed on, and all that may remain is a formality of a kind requiring no further agreement." [The letter of appointment, which in this case is lacking, is a formality which calls for no further agreement.]
Keywords:
condition; contract; intention of parties;
Consideration 4
Extract:
The Tribunal holds that a contract was concluded. Only the letter of appointment, a formality not requiring further agreement, was lacking. Owing to withdrawal of support from a third party, no action was taken, the project having been suspended. On the evidence, the Tribunal awards the complainant "damages for the direct injury caused by the administration's behaviour."
Keywords:
contract; injury; moral injury; offer; offer withdrawn;
Judgment 613
53rd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant, a citizen of the United States on a visit to Alexandria, was granted a short-term appointment. That appointment, on the basis of local recruitment, was extended several times. He was then given a fixed-term appointment on the basis of local recruitment. The Tribunal observes that this last contract converted the earlier ones; by signing the contract without making any objection, the complainant accepted his local-recruitment status. The request for non-local status is dismissed.
Keywords:
acceptance; appointment; contract; local status; non-local status; short-term; terms of appointment;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"The complainant held a fixed-term appointment. On the expiry of each period of appointment the organization may, under the provisions cited [...], decide against renewal. But the existence of the provisions constitutes no bar to applying the case law. Otherwise all an organisation need do to evade review by the Tribunal and deprive a fixed-term official of a form of protection he is entitled to would be to provide that he had no right to renewal."
Keywords:
case law; contract; fixed-term; judicial review; non-renewal of contract;
Consideration 15
Extract:
A memorandum from the Director-General sets the conditions for renewal a fixed-term contract on the grounds of illness. "The memorandum is [...] material evidence, even though it is not part of the Staff Regulations, and the Tribunal will hold that Director-General overlooked essential facts if he refused renewal despite the complainant's fulfilling the conditions set in the memorandum."
Keywords:
administrative instruction; contract; disregard of essential fact; enforcement; extension of contract; organisation's duties; sick leave;
Consideration 4
Extract:
The organisation contends that the complainant, who knew that his contract had expired, had no reason to expect to be notified of its non-renewal. He should therefore have challenged the decision not to renew, which was implicit in the expiry of his appointment, in time. "To allow [the organisation's] plea would enable its competent officers to resolve to deal with such questions only if they thought fit. That would make for an increase in the number of claims dealt with ex gratia on the grounds that they had not been lodged on expiry of the appointment, and so administration would become arbitrary."
Keywords:
contract; fixed-term; internal appeal; non-renewal of contract; receivability of the complaint; start of time limit; time bar; time limit;
Consideration 4
Extract:
On the matter of renewal, the Director-General has wide discretion, while the Tribunal's power of review is limited. "This relates to questions of substance, but not procedural rules, which are never applicable at discretion. To rule otherwise would increase the risk of dispute. To avoid being time-barred staff members would make a practice of filing claims, although very often the cumbersomeness of administration is wholly to blame for the tardy decision."
Keywords:
contract; discretion; fixed-term; judicial review; limits; non-renewal of contract; procedure before the tribunal;
Consideration 22
Extract:
"On the evidence before it the Tribunal can only reject the accusation. There is no proof of malice. As regards the possibility of a new assignment, although none of the complainant's applications was successful the Director-General gave reasons each time for refusing them, the reasons are legitimate and the decisions were in Unesco's interests. There was objective study of the possibilities of reassignment."
Keywords:
bias; contract; fixed-term; lack of evidence; non-renewal of contract;
Consideration 5
Extract:
On questions of principle, the Tribunal holds that "a staff member whose fixed-term appointment has expired may not be declared out of time so long as his former employer has not informed him of the non-renewal. Normally, the non-renewal will be an explicit decision. Only where a staff member has expressly applied for renewal will rejection of his application be implied on the expiry of the time limits set".
Keywords:
condition; contract; express decision; fixed-term; non-renewal of contract; receivability of the complaint; start of time limit; time bar; time limit;
Consideration 23
Extract:
The decision to refuse sick leave [by renewing a fixed-term contract] is quashed. "The Tribunal takes the view that pay for the period of sick leave will adequately compensate the complainant for the injury caused by the [organization's] unlawful decision, and there should be no further damages."
Keywords:
contract; extension of contract; fixed-term; non-renewal of contract; refusal; sick leave;
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