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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)

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Keywords: Contract
Total judgments found: 428

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  • Judgment 505


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The complainant contends that her short-term appointments were tainted with irregularity on the grounds that her duties were of a lasting nature. The [organization] argues convincingly, however, that the duties attributed to the complainant [...] were of a kind normally performed by temporary staff. [...] The Appeals Committee was therefore right in rejecting the arguments she bases on the duration of her appointments. the tribunal need not consider the [organization's] contention that it enjoys complete discretion in giving short-term appointments to general service category staff."

    Keywords:

    contract; duration of appointment; flaw; post; short-term; successive contracts;



  • Judgment 496


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal believes that any violation of the right to freedom of association, i.e. the right to set up a professional association, may be impugned by the holder of a contract of appointment. However, the staff association itself may not intervene in this case, since access to the Tribunal is restricted to officials alone.

    Keywords:

    cause of action; contract; freedom of association; locus standi; official; receivability of the complaint; staff union;



  • Judgment 495


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "If in the case of an active staff member no reason (*) is given, an inference could be drawn that his activities had been improperly taken into account."
    (*) in the present case, for non-renewal

    Keywords:

    contract; duty to substantiate decision; fixed-term; grounds; non-renewal of contract; presumption; staff union activity;

    Consideration 5

    Extract:

    The Tribunal does not accept that whenever a staff member is in like case the burden of proof passes to the organization. "Each case must be decided on the proper inferences to be drawn from its own facts." The first matter to be examined is the reason for the decision. "The second matter in a case such as this is the presence or absence of evidence of any particular animosity by the administration towards the complainant, and of evidence of the part, prominent or otherwise, which he played in the controversy and of any act or attitude by him calculated to excite the administration's disapproval [...]."

    Keywords:

    bias; burden of proof; contract; fixed-term; grounds; judicial review; non-renewal of contract; staff union activity;

    Considerations 6 and 8

    Extract:

    The complainant worked "on different projects for which money had to be found in the annual budget. This could not always be done by a regular allocation. It might have to be done by what is referred to as 'creative budgeting', i.e. the use of savings made within the regular budget and supplemented perhaps by money procured from external sources, e.g. international foundations." It was decided to terminate the contract. "On the whole the Tribunal is not satisfied that funds were not or could not have been made available for some extension."

    Keywords:

    budgetary reasons; contract; fixed-term; judicial review; non-renewal of contract; project personnel;



  • Judgment 493


    48th Session, 1982
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "It is a matter for the Director-General's discretion whether to renew a short-term appointment, and it does not appear from the evidence that his exercise of that discretion was tainted with any abuse of authority." Indeed, the decision not to renew the appointment was a way of giving effect to the organisation's decision whereby national authorities were gradually to take its place in administering the Control Centre located on their territory. It is only reasonable that this change should lead to a steady decline in the number of the staff in the city concerned.

    Keywords:

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

    Consideration 4

    Extract:

    "The organisation's argument is that the time limit for filing the complaint started on [the date] the complainant's contract was extended [...]. The argument would succeed only if the later decisions [...] had merely confirmed the [extension] decision. But they did not. The extension of the contract [on the mentioned date] for three months did not necessarily mean that there would be no further extension."

    Keywords:

    complaint; contract; date; date of notification; decision; extension of contract; receivability of the complaint; start of time limit;



  • Judgment 491


    48th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "When the complainant signed the contract he was fully aware of the terms of employment [...] He consented to those terms [...] He may not validly contend that advantage was taken of his own good faith since, on learning the position(*) of most of his fellow officials, he might have objected and sought the conclusion of a new contract for himself."
    (*) in respect of working hours and overtime

    Keywords:

    acceptance; contract; good faith; overtime; terms of appointment; working hours;

    Consideration 5

    Extract:

    The Staff Regulations stipulate that a contract "may not be altered by implied or even oral agreement. The organisation may be wrong to require an official - who wishes after all to keep his employment - to provide services not stipulated in his contract. But this is not the case here."

    Keywords:

    amendment to the rules; contract; formal requirements; organisation's duties; terms of appointment;



  • Judgment 490


    48th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "There is no formal requirement, such as a written text, for an employment contract to be superseded."

    Keywords:

    contract; formal requirements;

    Consideration 5

    Extract:

    Vide Judgment 491, consideration 5.

    Reference(s)

    ILOAT Judgment(s): 491

    Keywords:

    amendment to the rules; contract; formal requirements; organisation's duties; terms of appointment;



  • Judgment 486


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The Tribunal is compétent to hear complaints alleging non-observance of the terms of appointment of officials and of such provisions of the staff regulations as are applicable to the case. The Tribunal has not given a narrow construction to 'terms of appointment'; it has treated the expression as sufficiently wide to cover obligations arising from the relationship created by the appointment."

    Keywords:

    competence of tribunal; contract; iloat statute; interpretation; provision; terms of appointment;

    Considerations 4 and 8

    Extract:

    The complainant was promoted from GS to P. This change was not an appointment. Under the stated policy of the organization such a promotion justified a review of the place of residence. But such a statement of practice "must not conflict with the rule which it is elaborating". The applicable provision stipulates that the place determined at the time of appointment should be recognised throughout the service. "This forbids the change of residence which the complainant is asking the Tribunal to order."

    Keywords:

    amendment to the rules; contract; enforcement; general service category; local status; practice; professional category; promotion; provision; residence; staff regulations and rules;

    Considerations 7-8

    Extract:

    It is organization policy to treat a promotion from GS grades to P category as justifying a review of the place of residence. "There is ample evidence that this was the stated policy, though [...] there is no evidence in the dossier of the policy being put into practice. [...] The question is therefore whether it is within the competence of the Tribunal to enforce a rule of policy or practice." A statement by the Director-General explaining a practice which he intends to follow can under certain circumstances create a contractual obligation arising out of the relationship created by the appointment. The Tribunal is competent to hear the complaint.

    Keywords:

    amendment to the rules; binding character; competence of tribunal; contract; general service category; practice; professional category; promotion;



  • Judgment 480


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "As the Tribunal has said [...] in Judgment No. 431, the compensation generally awarded [upon non-renewal of contract] is less than the remuneration which the complainant would have received had he been reinstated. This is because he is not necessarily deprived of all means of livelihood."

    Reference(s)

    ILOAT Judgment(s): 427, 431

    Keywords:

    amount; application for execution; contract; fixed-term; material damages; non-renewal of contract; reckoning; salary;



  • Judgment 479


    47th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant draws an invalidity pension for an illness contracted when on a mission as a consultant. The rules provide for a bigger pension if a dependant's allowance had been payable. "A dependant's allowance would not have been payable to the complainant. His contract did not provide for one in addition to his salary or fee. [A] staff rule [...] excludes from the staff members entitled to a dependant's allowance short-term staff and consultants." The claim for an increase was rightly rejected.

    Keywords:

    allowance; contract; dependant; disability benefit; external collaborator; illness; service-incurred; short-term;



  • Judgment 474


    47th Session, 1982
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The Staff Rules preclude appeals against non-renewal of appointment. The material provision "does have force within the organisation in that it preclude bringing certain appeals to the Director-General. [It] is not binding on the Tribunal, whose jurisdiction has been unconditionally recognised by the organisation and which will itself determine whether a complaint is receivable."

    Keywords:

    competence of tribunal; contract; fixed-term; iloat statute; internal appeal; non-renewal of contract; provision; receivability of the complaint; right of appeal;

    Consideration 2

    Extract:

    "In so far as the Director-General decided not to extend the complainant's appointment by one year he exercised his discretion. But that does not mean that his decision is exempt from review. The Tribunal has consistently held that such a decision may be quashed for breach of a rule of form or of procedure, for a mistake of fact or of law, for failure to take account of essential facts, for misuse of authority, or if clearly mistaken conclusions were drawn from the facts."

    Keywords:

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

    Consideration 3

    Extract:

    The Director-General's authority is not absolute. The Director-General seems to regard himself as entirely free to make what decisions he will and to believe "that he need not state the grounds for his decision either to the staff member or to the Tribunal. This view rests on an error of law [...] a decision [...] is in fact subject to review by the Tribunal. Although the Tribunal has only a limited power of review, it will so exercise it that the Director-General does not enjoy the unfettered authority he asserts. In assuming his decisions to be unchallengeable, the Director-General went beyond the limits of his discretionary authority, and this error of law alone affords grounds for allowing the complaint, at least in principle."

    Keywords:

    contract; discretion; duty to substantiate decision; fixed-term; flaw; grounds; judicial review; non-renewal of contract;



  • Judgment 470


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's contract expired and his post was simultaneously abolished. The organization applied the provision on the termination of temporary contracts. The Tribunal maintains that the provision on abolition of posts is applicable to temporary officials; a provision which deprives certain officials of benefiting from this provision is without effect because it does not respect the hierarchical ranking of rules.

    Reference(s)

    Organization rules reference: ARTICLE 1050.4 OF THE PAHO STAFF RULES

    Keywords:

    abolition of post; applicable law; contract; fixed-term; non-renewal of contract; precedence of rules;

    Consideration 3(C)

    Extract:

    PAHO Staff Rule 1050.2 establishes the conditions and consequences of abolishing posts. "There is no sound reason to apply [the rule] in favour only of officials whose post is abolished during an appointment to the exclusion of those whose post is abolished at the end of the appointment. It is true that in general the former fare worse than the latter. The difference between the two is not, however, such as to warrant any difference in treatment."

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES

    Keywords:

    abolition of post; contract; equal treatment; fixed-term; non-renewal of contract; organisation's duties; termination of employment;

    Consideration 7

    Extract:

    A letter from the Director to an official of the organization may be regarded as evidence of hostility towards the complainant as well as an act of sound administration; the telephone conversation between the Director and a member of the government is open to more than one interpretation. However, after informing the complainant in March that his appointment would end in June, the organization extended his appointment several times, "and thereby displayed genuine consideration. The Tribunal cannot therefore find that the allegation of personal prejudice is proved."

    Keywords:

    abolition of post; bias; contract; evidence; fixed-term; lack of evidence; non-renewal of contract;

    Consideration 4

    Extract:

    The complainant had worked for the organisation for 12 years; he was nearing retirement age; his work had never aroused criticism. "Had his post not been abolished, therefore, he would certainly have had his appointment extended. To refuse an extension to such a deserving staff member would have constituted a misuse of authority which would have entitled the Tribunal to interfere. Accordingly, it was the abolition alone which made the complainant leave".

    Keywords:

    abolition of post; contract; fixed-term; grounds; non-renewal of contract; satisfactory service;



  • Judgment 469


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Expiry of contract on 30 November. The complainant was informed of the abolition of her post with effect from 1 February and the extension of her contract until 31 January. "The fixed term of the complainant's contract being for a year, when the last date [one month before the end of the contract, the time limit stipulated by the Regulations] passed without notification of non-renewal, the effect was to extend the appointment until 30 November [of the following year]. The notice to extend until 31 January [of that same year], which was never accepted by the complainant, was therefore ineffective, and her appointment was terminated prematurely by the abolition of her post."

    Reference(s)

    Organization rules reference: ARTICLE 1050.4 OF THE PAHO STAFF RULES

    Keywords:

    abolition of post; complainant; contract; extension of contract; fixed-term; non-renewal of contract; notice; refusal;

    Consideration 7

    Extract:

    "It is true that the abolition of a post does not automatically terminate the holder's appointment and therefore does not automatically attract an indemnity under [the applicable rule]. Does this give the organization the option of terminating the appointment under another rule ? In the circumstances of this case it is unnecessary for the Tribunal to answer that question." It is the provision establishing an indemnity in the event of post abolition that is applicable in the instant case.

    Keywords:

    abolition of post; applicable law; contract; fixed-term; material damages; non-renewal of contract;

    Consideration 3

    Extract:

    The Staff Rules provide both for automatic termination of contract and advance notice. The Tribunal has consistently found that a decision not to re-appoint is required, as well as notice before the prescribed date. "To interpret the rule as terminating the appointment automatically on the expiry date whether or not a notification was given would not only do violence to the text by rendering the provision for notification otiose, but would also be unreasonable and unfair [...]."

    Keywords:

    case law; contract; date; fixed-term; interpretation; non-renewal of contract; notice; organisation's duties; provision; staff regulations and rules;

    Consideration 5

    Extract:

    If an advance notice was necessary it was given out of time and thus the appointment was not terminated. If it was not necessary, the appointment terminated automatically. "Presumably, it must be the view of the organization that the failure to give notice in time does prevent the automatic termination, but preserves the right of the organization to give a month's notice at any time thereafter, irrespective of whether the circumstances are normal or abnormal. The Tribunal cannot adopt this construction of the rule."

    Keywords:

    consequence; contract; date; extension of contract; fixed-term; non-renewal of contract; notice; organisation's duties;



  • Judgment 465


    47th Session, 1982
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    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."

    Keywords:

    amendment to the rules; consequence; contract; material damages;

    Consideration 4

    Extract:

    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."

    Keywords:

    amendment to the rules; complainant; contract; fixed-term; offer; organisation; permanent appointment; refusal; security of tenure;



  • Judgment 459


    46th Session, 1981
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Either the view is taken that the contract may be amended only by common consent of the parties, and the Tribunal may not require any amendment of the contract. In that case, [as] the organization has refused [the amendment submitted by the complainant], the Tribunal may not interfere. The alternative view is that the Tribunal may have the parties make the amendments required by the application of the principle of good faith".

    Keywords:

    amendment to the rules; contract; good faith; tribunal;



  • Judgment 448


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Because of the flaws in the decision [not to renew her contract] the Tribunal may either set it aside or award the complainant compensation. The former would mean reinstating her. From the written evidence it is clear that mutual trust between the complainant and the [Organization] has diminished to the point where it is unlikely that she can again be usefully employed. Her reinstatement is therefore inadvisable and the Tribunal will accordingly award compensation".

    Keywords:

    contract; fixed-term; flaw; material damages; non-renewal of contract; reinstatement;

    Consideration 4

    Extract:

    Under the material provisions, the Organization is not required to give reasons for its decision not to extend an appointment; if he so requests, an official can get an explanation from his supervisor. "The Tribunal may, however, exercise the power of review which it assumes in such cases only in the light of the grounds given for the decision to terminate the appointment, and if those grounds are not clear from the actual decision will seek to determine them from the other written evidence."

    Keywords:

    contract; discretion; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;

    Consideration 8(a)

    Extract:

    In deciding not to renew her appointment without taking account of the various elements in the complainant's favour and by basing his decision exclusively on the opinion of her two supervisors, the Director-General exceeded the limits of his discretionary authority.

    Keywords:

    contract; different appraisals; discretion; disregard of essential fact; fixed-term; non-renewal of contract;

    Consideration 8(b)

    Extract:

    "The political activities [the complainant] is said to have engaged in were never investigated and cannot therefore serve to excuse the inadequacy of the grounds for the decision. Even though the protests came from governments of [the Organization's] member states they are not decisive. The Organization cannot bow to a government's wishes before making sure that they are compatible with its own interests."

    Keywords:

    contract; fixed-term; independence; lack of evidence; member state; non-renewal of contract; organisation; organisation's interest; political activity;

    Consideration 2

    Extract:

    The Staff Rules provide "that a fixed-term or short-term appointment shall terminate automatically on the completion of the agreed period of service unless it is extended. Construed literally, the Rule means that all that is needed for such an appointment to terminate is that the period of the contract should expire. It does not mean, however, that on the expiry of that period the Organisation is wholly free to continue to employ the staff member or not. PAHO bodies enjoy wide discretion in the matter, but they are not free to decide entirely as they please".

    Keywords:

    contract; discretion; fixed-term; limits; non-renewal of contract;



  • Judgment 445


    46th Session, 1981
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant maintains that the fact of his having begun the probationary period at the beginning of his consultancy contract conferred on him the right to participation in the pension fund. But the probationary period and pensionable service do not necessarily coincide. The complainant was treated as a probationer from the material date because a provision of the Staff Rules stipulated that service prior to appointment could be credited towards completion of probation. The provision does not rule out application of the rule disqualifying a consultant for participation in the fund.

    Keywords:

    contract; external collaborator; participation; period; probationary period; right; unjspf; validation of service;

    Summary

    Extract:

    The complainant was first employed under various contracts with the organization before becoming an official. His several periods of service were made pensionable with the exception of a few months spent working as a consultant. In accordance with the Staff Rules, consultants who are appointed for periods not greater than eleven months are barred from participating in the Pension Fund. Up to 1972, periods of consultancy service could not be validated for Pension Fund purposes. The complainant's services as a consultant may not be counted as pensionable.

    Keywords:

    contract; external collaborator; pension; successive contracts; titularization; validation of service;



  • Judgment 444


    46th Session, 1981
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Assurances were allegedly given that the complainant's temporary contract would be replaced by a fixed-term contract. This was done later than expected and the complainant suffered some financial loss. However, he does not prove that the assurance he allegedly received was anything more than an expression of hope and belief.

    Keywords:

    administrative delay; amendment to the rules; burden of proof; contract; duration of appointment; fixed-term; lack of evidence; promise; short-term;

    Consideration 3

    Extract:

    The Tribunal can intervene only in the event of non-compliance with the Staff Regulations or the terms of appointment.

    Keywords:

    competence of tribunal; contract; enforcement; provision; staff regulations and rules;



  • Judgment 435


    45th Session, 1980
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The dispute is between the complainant and the organization which employs him. [It must therefore be judged according to] the relevant terms of the contract and provisions of the Staff Regulations and Staff Rules. The provisions of municipal law are therefore irrelevant, and it is immaterial that the complainant is Swiss and that the accident [...] occurred on Swiss territory."

    Keywords:

    applicable law; contract; professional accident; provision; staff regulations and rules;



  • Judgment 431


    45th Session, 1980
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    "It is true that an official may have a good reason for waiving his rights. But the Tribunal will not consider such waiver to be established unless it may be clearly inferred from all the circumstances of the case. It may not be inferred merely from statements which the official may have made on one particular day: it must be evident from his general attitude over a longer period of time." The complainant's signature (on an extension of contract) cannot be interpreted in the present case as a waiver which precludes his claiming relief from the Tribunal.

    Keywords:

    condition; contract; extension of contract; fixed-term; non-renewal of contract; right of appeal; waiver of right of appeal;

    Consideration 6

    Extract:

    When an organisation is considering whether or not to renew the contract of a government official of a Member State, it is reasonable that it should once again consult the Member State it consulted at the time of the initial appointment. It is conceivable that the mMmber State will wish to re-recruit its former official. Where sound reasons for opposition to the renewal are expressed or implied, the Director-General will go along with them. "But he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a Member State."

    Keywords:

    consultation; contract; fixed-term; grounds; member state; non-renewal of contract; refusal;

    Consideration 9

    Extract:

    "Where a decision not to extend an appointment is improper the Tribunal generally awards compensation less than the amount of remuneration which the complainant would have received up to the end of a further appointment."

    Keywords:

    amount; contract; fixed-term; material damages; non-renewal of contract;

    Consideration 4

    Extract:

    The complainant relies on a practice whereby inspectors who have given satisfactory service for two years would normally have their appointments renewed for five-year periods. "That is only a general practice [...] not a binding rule. In other words, it neither laid any obligation on the Director-General in this case nor conferred any right on the complainant."

    Keywords:

    amendment to the rules; binding character; contract; duration of appointment; extension of contract; five-year review; fixed-term; practice;

    Consideration 7

    Extract:

    In letting the interests of a Member State prevail over those of the organisation for no valid reason, the Director-General committed a misuse of authority which taints his decision not to renew the contract. The Tribunal need not consider whether the impugned decision is further tainted with any error of law.

    Keywords:

    abuse of power; contract; fixed-term; member state; misuse of authority; non-renewal of contract; organisation's interest;



  • Judgment 427


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19(B)

    Extract:

    The complainant's appointment was not renewed, that decision being contrary to the organization's interests. The Tribunal awards compensation in full based on the amount he would have earned through regular contract renewal. "The complainant asks also 'that the wrongful suspension from duty should not affect his pension rights.' The Tribunal is not competent to make an order in that form, but the complainant may claim compensation for loss or diminution of pension rights as for loss of salary and emoluments."

    Keywords:

    bias; competence of tribunal; contract; fixed-term; injury; material damages; non-renewal of contract; pension; pension entitlements; suspension;

    Consideration 19(B)

    Extract:

    The complainant asks for "compensation 'based on the amount he would have earned through regular contract renewal'. This is not a basis usually taken in cases of non-renewal, for it has always to be remembered that in such a case a complainant has been deprived not of a contractual right but only of an expectation [...]. In the present case [...] the expectation was very solid [...]. In these exceptional circumstances the Tribunal concludes that full financial compensation should be given on the basis claimed."

    Keywords:

    amount; contract; damages; fixed-term; legitimate expectation; non-renewal of contract;

    Consideration 18

    Extract:

    "Prima facie it was in the interests of the organization that the complainant's contract should be renewed. [...] It would not be in the interests of the organization [...] that staff members who are free to run for the office of director should not also feel free to do so without fear of suffering adverse consequences. [...] It would be impossible on any objective assessment of the situation to justify as in the interests of the organization a decision to pay the complainant for six months for doing nothing rather than to give him the opportunity of making good his promise [to co-operate]. [...] The Tribunal considers that on the evidence the high probability is that the complainant would have given useful and loyal service to the organization for the rest of his career."

    Keywords:

    contract; fixed-term; non-renewal of contract; organisation's interest; presumption; special leave;

    Consideration 15

    Extract:

    "While a candidate who is standing against an incumbent director must be free to criticise in moderate language his opponent's record, it may well be argued, as it is in this case, that his proclaimed opposition to the director who is re-elected may interfere with fruitful co-operation. So an assessment that was objective and unprejudiced might have arrived at the same conclusion as the director's [on the basis of which the complainant's contract was not renewed]." However the Tribunal held that decision to be biased.

    Keywords:

    candidate; contract; election; executive head; fixed-term; non-renewal of contract; working relations;

    Consideration 2

    Extract:

    The reason for the decision not to renew the contract "was that the position which [the complainant] is said to have taken 'precludes all possibility of the continuation of a fruitful working relationship between yourself and the management'. This reason, on the face of it conclusive, is attacked by the complainant on the ground that the decision resulted from personal prejudice on the part of the Director or from incomplete consideration by him of the facts. These grounds [taken from the Staff Rules] fall within the Tribunal's limited power of review and are such, if they are established, as to authorise and require the Tribunal to quash the main decision not to renew."

    Keywords:

    bias; conduct; contract; fixed-term; judicial review; non-renewal of contract;

    Consideration 19(D)

    Extract:

    "It is not a simple case of non-renewal. The complainant was the victim of a misconceived charge of misconduct of which the Director pronounced him to be guilty. The letter dropping the charge contained no withdrawal or apology and was composed as if the dropping was an act of lenience [...]. The illegal use of [the provision respecting special leave] made it appear as if the complainant had been summarily dismissed. [...] By these acts the complainant must have been caused deep distress. On the natural assumption that this course of action was pursued by a Director exercising wisdom and impartiality the interested public would inevitably conclude that the complainant had in some way disgraced himself".

    Keywords:

    contract; fixed-term; lack of evidence; moral injury; non-renewal of contract; professional injury; respect for dignity; serious misconduct;

    Consideration 12

    Extract:

    "The charge of misconduct is so preposterous and the Director's eagerness, before hearing the defence to the charge, to use it as a ground for dismissal is so manifest that resentment is the only explanation. Accordingly the Tribunal cannot view the letter [of dismissal] as that of a man who would be able to take a detached view of the conduct of the complainant whether in relation to a disciplinary charge or to an assessment of his future usefulness to the organization." The decision is defective as vitiated by prejudice.

    Keywords:

    bias; conduct; contract; fixed-term; non-renewal of contract; serious misconduct;

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