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
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 | next >
Judgment 214
31st Session, 1973
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant was dismissed for having abandoned his post. Immediately before the end of their contracts, officials are required to undergo an examination by the staff physician. "The complainant was not so examined. Non-compliance with this rule does not of itself render a termination invalid."
Keywords:
abandonment of post; condition; contract; fixed-term; medical examination; organisation's duties; separation from service; termination of employment; unauthorised absence;
Judgment 210
30th Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal holds that the four crucial representations were false; the complainant bore responsibility for the four misrepresentations and they could have had serious consequences for relations between the organization and the government, all of which constitutes misconduct. But the complainant's motives were not corrupt and his previous record was satisfactory. Account should have been taken of attenuating circumstances. Summary dismissal was out of all proportion to the degree of misbehaviour.
Keywords:
contract; duty of discretion; fixed-term; misrepresentation; mitigating circumstances; proportionality; serious misconduct; summary dismissal; termination of employment;
Judgment 204
30th Session, 1973
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Under the applicable provision, the pensionable age for officials is 62. The Director-General's decision was taken in pursuance of the above-mentioned provision. Although the provision empowers the Director-General to retain the services of an official beyond the age-limit, this derogation is confined to exceptional cases and lies within the discretion of the head of the organisation. In the present case, the Director-General's appraisal of the facts shows none of the flaws which the Tribunal may correct.
Keywords:
age limit; contract; discretion; exception; extension beyond retirement age; judicial review; provision; retirement; staff regulations and rules;
Judgment 203
30th Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The decision is quashed. The complainant's reinstatement would be inadvisable. "[H]aving regard to all the circumstances, therefore, in particular to the seriousness of his misbehaviour, the length of his employment, and the amount of his salary and termination benefits, the Tribunal awards the complainant compensation in the amount of one million Italian lira."
Keywords:
amount; contract; criteria; decision quashed; material damages; permanent appointment; proportionality; serious misconduct; termination of employment;
Judgment 195
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's appointment was not renewed because the government concerned did not favour his return to the regional office. There is evidence of strong and unjustifiable prejudice against the complainant. The organization failed in its duty to bring to the attention of the government concerned all relevant matters of the case. The complainant is awarded an indemnity of US $20,000 for moral and material damage.
Keywords:
bias; contract; damages; fixed-term; material injury; moral injury; non-renewal of contract; persona non grata;
Judgment 191
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Director-General fell into the error of supposing that because the limited part of the complainant's work which he himself saw was bad in his opinion therefore the complainant's work as a whole was to be condemned. In treating as of no account the unanimous opinion of those who were familiar with the whole of [the complainant's] performance, the Director-General failed to take into consideration essential facts of the case. His decision must therefore be quashed."
Keywords:
contract; different appraisals; disregard of essential fact; fixed-term; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;
Considerations
Extract:
The Tribunal must determine whether a decision taken by virtue of a discretionary authority "was taken with authority, is in regular form, whether the correct procedure has been followed and, as regards its legality under the organization's own rules, whether the administration's decision was based on an error of law or fact, or whether essential facts have not been taken into consideration, or again, whether conclusions which are clearly false have been drawn from the documents in the dossier, or finally, whether there has been a misuse of authority."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Considerations
Extract:
"While the Director-General [...] was entitled to differ [with] the opinion expressed by the high-ranking officials [...] he should, before reaching the final decision which he alone was competent to make, have taken into account not only the complainant's attitude on the particular occasions when he had 'personally seen him at work', but also the quality of the complainant's general performance of his duties as attested by his immediate supervisors in highly favourable terms."
Keywords:
contract; different appraisals; disregard of essential fact; executive head; fixed-term; non-renewal of contract; supervisor; unsatisfactory service; work appraisal;
Judgment 190
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The minutes in question "merely show the organization's wish to find some means of retaining the complainant's services after the expiry of his appointment [...] and the attempts made to that end. They contain no promise either of a further extension or of a new appointment, still less any commitment." The complainant "could not justifiably rely on the [...] assurances [...] given to him by certain officials" in respect of an extension.
Keywords:
contract; evidence; fixed-term; lack of evidence; non-renewal of contract; offer; promise;
Considerations
Extract:
The complainant "alleges that the Organization did not in fact employ him on the work for which he had been recruited for a period of two years, and was thus gravely at fault; even supposing that the truth of this allegation were established, it would not be such as to vitiate the impugned decision not to renew his contract."
Keywords:
assignment; contract; difference; fixed-term; non-renewal of contract; organisation's duties; post description;
Considerations
Extract:
"[T]he offer made to the complainant by the organization of a new contract involving appointment to a P.4 post [...] at a salary substantially equivalent to his previous salary did not imply any demotion, entailing as it did the conclusion of a new contract. To avoid incurring the injury for which he has claimed compensation, the complainant could have accepted that offer, which in the circumstances of the case appeared to be a reasonable one."
Keywords:
amendment to the rules; complainant; contract; downgrading; fixed-term; grade; non-renewal of contract; offer; refusal; salary;
Judgment 176
26th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The liability of the organization to pay compensation is established by Judgment No. 136 [under two heads:] [...] compensation to the complainant for the non-renewal of his contract [...] and compensation for moral damage for illegal suspension from duty."
Reference(s)
ILOAT Judgment(s): 136
Keywords:
contract; execution of judgment; fixed-term; injury; judgment of the tribunal; material damages; moral injury; non-renewal of contract; suspension;
Consideration 5
Extract:
"The essence of the moral damage claimed lies in the fact of the abrupt and summary suspension which is not denied. It would not be right to relate the assessment under this head exclusively to the basic salary. Distress and moral prejudice may be as great to a man on a small salary as to a man on a large one. But the rate of salary affords a guideline and the six months' salary offered by the organization under this head is in the opinion of the Tribunal approximately correct."
Keywords:
amount; contract; criteria; fixed-term; injury; moral injury; suspension;
Judgment 172
26th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, who was dismissed without inquiry on the basis of unsupported allegations, is entitled to "a sum in respect of the disturbance of his living conditions and family life which the [Director-General] unlawfully caused him and in respect of the moral injury which he suffered on account of the unjust charges brought against him. Considering that he obtained equivalent employment fairly soon, the injury will be fairly assessed by awarding compensation amounting to 15,000 French francs."
Keywords:
amount; contract; fixed-term; injury; inquiry; investigation; lack of evidence; material damages; moral injury; termination of employment;
Judgment 168
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In support of her argument that she is not bound by the material provision, the complainant contends that the provision does not apply to her because it was not brought to her knowledge and accepted by her at the time of her appointment. The plea fails. "The contract was expressly made subject to the Staff Rules and Regulations and it is not necessary that any particular rule should be brought to the notice of the employee or specifically accepted by her."
Keywords:
condition; contract; duty to inform; enforcement; provision; staff regulations and rules; terms of appointment;
Consideration 3
Extract:
The complainant contends that the provision depriving her of non-local status as a result of marriage is not applicable since she had acquired a right to non-resident status under her initial contracts. The Tribunal will not rule on the acquired right. Even if she had had that right, it did not outlive "the contracts themselves, the latest of which expired before her marriage."
Keywords:
acquired right; amendment to the rules; contract; enforcement; local status; non-local status; provision; staff regulations and rules;
Judgment 167
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 168, consideration 3.
Reference(s)
ILOAT Judgment(s): 168
Keywords:
condition; contract; duty to inform; enforcement; provision; staff regulations and rules; terms of appointment;
Consideration 3
Extract:
Vide Judgment 168, consideration 3.
Reference(s)
ILOAT Judgment(s): 168
Keywords:
acquired right; amendment to the rules; contract; enforcement; local status; non-local status; provision; staff regulations and rules;
Judgment 166
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he fact that other staff members whose contracts, like that of [the complainant] had not been extended were able to find other posts within the [organization] does not in itself prove that the decisions not to appoint the complainant to the [...] posts [applied for] are tainted by misuse of authority. While it may be a matter for regret that [the complainant], whose efficiency is not in question, should have had to leave the service of [the organization], the Tribunal can only find that the decisions impugned are legally valid."
Keywords:
abuse of power; contract; discretion; equal treatment; fixed-term; judicial review; misuse of authority; non-renewal of contract;
Considerations
Extract:
"With regard to the non-renewal of the complainant's contract, it is clear from [...] the evidence [...] that the measure in question was justified by the termination of the [mission] for which [the complainant] had been appointed, and by the exhaustion of the funds allocated to it, and also that the measure was of a general character which did not affect [the complainant] alone." There is no evidence of animosity or bias.
Keywords:
budgetary reasons; contract; fixed-term; non-renewal of contract; project personnel;
Considerations
Extract:
"The action of the Director-General [...] or of an official acting under his orders in deciding not to renew the temporary appointment of a staff member [lies within] the discretionary power conferred on the head of the organization in the interest of the organization itself. The existence of this discretionary power excludes any right [...] to the renewal of [an] appointment and also restricts the Tribunal's power of review."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; organisation's interest;
Judgment 157
24th Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
On return from a mission, the complainant was ill. The organisation extended his contract for as long as the sick leave to which he was entitled under his contract. With the expiry of that contract, there was no longer any legal connection between the official and the organisation, which "could no longer lawfully grant him further sick leave or continue to bear his medical expenses." The organisation was bound by no provision nor any general principle of law to grant the complainant monetary compensation.
Keywords:
contract; extension of contract; fixed-term; health insurance; illness; medical expenses; non-renewal of contract; organisation's duties; project personnel; service-incurred; sick leave;
Judgment 155
24th Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[T]he Director-General's refusal to renew an official's contract on its expiry is not a disciplinary measure in the terms of the Staff Rules. It falls within his full discretion."
Keywords:
contract; discretion; fixed-term; non-renewal of contract;
Consideration 1
Extract:
Following home leave granted to the complainant at his own request, "the Director-General was obliged to regularise his position. He did so by granting [the complainant] special leave with pay [...] to [...] the date of expiry of his contract. In law this decision is beyond reproach."
Keywords:
contract; fixed-term; home leave; non-renewal of contract; special leave;
Judgment 154
23rd Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(B)
Extract:
"[T]he sanction of discharge cannot be regarded as being out of proportion to the complainant's dereliction of duty. As the complainant had clearly shown that he did not intend to comply with the instructions concerning his transfer which it was his duty to obey, the organisation was not obliged to make use of his services [in the country in question], where his presence might be prejudicial to the organisation's work, nor in any other place since he refused to move from [the country]."
Keywords:
contract; fixed-term; refusal; termination of employment; transfer;
Judgment 146
23rd Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
After the complaint was lodged with the Tribunal, the Director-General reversed his decision to terminate the complainant's appointment and transferred him to headquarters until the date of expiry of his contract. "By this decision the Director-General over-ruled the impugned decision to terminate [his] appointment." The complainant has therefore lost his cause of action and the Tribunal need not entertain it.
Keywords:
case pending; cause of action; contract; fixed-term; no cause of action; settlement out of court; termination of employment; transfer;
Judgment 139
22nd Session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Under the Staff Rules, the Director-General must endeavour to find another post for an official whose post has been abolished. "[T]he official who has worked for many years for the organization to its full satisfaction is absolutely entitled to fill a post suitable to his abilities and grade in preference to any other candidate."
Keywords:
abolition of post; contract; organisation's duties; permanent appointment; priority; reassignment; termination of employment;
Judgment 136
22nd Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
If the organization does not renew the appointment, it shall pay complainant such compensation as is equitable. If the sums offered to the complainant "are not such as he considers equitable, he may submit a claim in respect thereof to the Tribunal, giving all the information necessary to its assessment and stating in particular : a) the amount of his remuneration when employed by the organization; and b) the nature and periods of any employment obtained by him since [he left the organization] and the amounts earned thereby."
Keywords:
amount; contract; criteria; fixed-term; material damages; non-renewal of contract; reinstatement; subsidiary; suspension;
Consideration 2
Extract:
The complainant made accusations which led to an inquiry. When the decision not to renew his contract was taken, the results of the inquiry were not yet known. The accuser was judged before the accusations themselves. The decision is tainted by error and must be rescinded; "the organization must either renew the contract on equitable terms or pay to the complainant such compensation as is equitable".
Keywords:
complainant; contract; fixed-term; flaw; inquiry; investigation; misconduct; non-renewal of contract; organisation's duties;
Consideration 3
Extract:
The suspension of the complainant was followed by an improper decision not to renew his contract. Having received his full salary, the complainant "has suffered no material damage, but he has suffered moral damage. He is entitled to equitable compensation for the distress caused by the manner of his treatment and for the injury done thereby to his reputation and to his prospects of obtaining other employment. The organization must therefore pay to the complainant equitable compensation in respect of the illegality of his suspension from duty".
Keywords:
contract; fixed-term; flaw; injury; moral injury; non-renewal of contract; professional injury; suspension;
Consideration 2
Extract:
"The organization seeks to justify the decision [not to renew contract] on the ground that the complainant, by making grave accusations against a colleague, had created a situation which made the smooth working of the [regional office] impossible [...]. The error which the Director-General made - an error which in the opinion of the Tribunal vitiates his decision not to renew the complainant's contract - is that he judged and condemned the accuser before the accusations had themselves been judged".
Keywords:
contract; fixed-term; flaw; non-renewal of contract; working relations;
Judgment 133
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The evidence produced does not establish that the organization fulfilled all its obligations in the matter." On three occasions account was taken of the complainant's candidature in respect of vacant posts. "Nevertheless, on each of these occasions, instead of simply considering the complainant's qualifications and appointing him to a post that he was capable of filling, the organization assessed the merits of the various applicants and thus followed the normal procedure. In so doing it complied with the letter of the Regulations, but it did not take account of the general principle* derived from [the applicable provision]". *Preference should be extended to deserving former staff members.
Keywords:
abolition of post; contract; fixed-term; material damages; organisation's duties; priority; reassignment; subsidiary; termination of employment; vacancy;
Judgment 131
21st Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Under the applicable provision, a staff member who has been appointed, by a fixed-term appointment, for one year or more must be notified of the organization's decision not to reappoint him no less than one month before the date of expiry. "The decision taken by the Director-General under the above-mentioned rule lies within his discretion. It cannot therefore be reviewed by the Tribunal unless it is tainted by [...]" (etc.).
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; notice;
Consideration 3
Extract:
On 21 August, the complainant was informed that his appointment would terminate at the end of his contract, on 31 August. This decision is the final step in the termination procedure. On 6 April, the complainant had been notified of the termination of his contract. An extension was granted for reasons of health. The "complainant had been aware for over three months that the organization had decided to terminate his contract." This decision merely confirmed those taken earlier while altering the conditions for their execution. It did not defeat the purpose of the applicable provision "which is to protect the staff member from the consequences of a sudden termination of his appointment."
Keywords:
confirmatory decision; contract; extension of contract; fixed-term; non-renewal of contract; notice; sick leave;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 | next >
|
