|
|
 |
|
|
Permanent appointment (319, 320, 321,-666)
You searched for:
Keywords: Permanent appointment
Total judgments found: 78
1, 2, 3, 4 | next >
Judgment 4146
128th Session, 2019
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decisions not to grant him a contract of indefinite duration and not to extend his fixed-term contract beyond nine years of service.
Consideration 3
Extract:
The case law of the Tribunal states that 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. Although the exercise of such discretion is not unfettered, it is subject to only limited review, as the Tribunal will respect the organisation’s freedom to determine its own requirements. Accordingly, the Tribunal will only set aside such decisions if they were taken without authority or in breach of a rule of form or of procedure, or if they rested on an error of fact or of law, or if some essential fact was overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgment 3772, under 5).
Reference(s)
ILOAT Judgment(s): 3772
Keywords:
discretion; fixed-term; non-renewal of contract; permanent appointment;
Judgment 4079
127th Session, 2019
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The UPU filed an application for interpretation and review of Judgment 3930 and the complainant in that case filed an application for execution of that judgment.
Judgment keywords
Keywords:
abolition of post; application filed by the organisation; application for execution; application for interpretation; application for review; complaint allowed; permanent appointment; termination of employment;
Judgment 3933
125th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; non-renewal of contract; permanent appointment;
Judgment 3930
125th Session, 2018
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and to terminate her appointment while she was on sick leave.
Judgment keywords
Keywords:
abolition of post; complaint allowed; permanent appointment; termination of employment;
Judgment 3929
125th Session, 2018
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and to terminate her appointment while she was on sick leave.
Consideration 15
Extract:
In light of the above considerations, the decision to abolish the complainant’s post was unlawful and must be set aside. The consequent termination of appointment, based on the unlawful abolition of her post, must also be set aside. Considering the difficulties raised by the time elapsed and the subsequent restructuring of the UPU, the Tribunal shall not order reinstatement. Having regard especially to the complainant’s age, qualifications, experience, and the length of time spent in the UPU’s service, it is reasonable to award her material damages for the loss of opportunity to continue working with the UPU until her retirement age in an amount equal to 30 months’ gross salary with reference to her last month’s gross salary. The UPU must also pay the complainant the equivalent of the employer’s contribution that would have been due to the Provident Fund during those 30 months.
The complainant is also entitled to an award of moral damages, including for the failure to properly assess her illness, which the Tribunal will set at 30,000 Swiss francs.
Keywords:
material damages; moral injury; permanent appointment; reinstatement;
Judgment 3928
125th Session, 2018
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish his post and to terminate his appointment while he was on sick leave.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; permanent appointment; reinstatement; termination of employment;
Judgment 3918
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; permanent appointment; termination of employment;
Judgment 3917
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; permanent appointment; termination of employment;
Judgment 3902
125th Session, 2018
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to pay him the indemnity due in the event of the closure of the CDE.
Judgment keywords
Keywords:
abolition of post; complaint dismissed; permanent appointment; retirement;
Judgment 3901
125th Session, 2018
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his contract owing to the closure of the CDE and the terms and conditions of that termination.
Judgment keywords
Keywords:
abolition of post; complaint allowed; permanent appointment; termination of employment;
Judgment 3900
125th Session, 2018
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her contract owing to the closure of the CDE and the terms and conditions of that termination.
Consideration 4
Extract:
As the Tribunal has consistently held, “[w]hen an organisation has to abolish a position occupied by a staff member holding a continuous appointment, it [...] has a duty to do all that it can to reassign that person as a matter of priority to another post matching his or her abilities and grade.” (See Judgment 3755, under 6.) This possibility must be explored before a decision is taken to abolish a post (see Judgments 2294, under 9, 3169, under 10 and 13, and 3238, under 13) and it is up to the organisation to prove that it has made every possible effort to reassign the staff member (see Judgments 2830, under 9, 3169, under 14, 3238, under 14, and 3755, under 19).
[...] As the institution was on the point of ceasing to exist, there could be no question of reassigning the complainant to another post within it. The Centre cannot therefore be criticised for not exploring that avenue.
Reference(s)
ILOAT Judgment(s): 2294, 2830, 3169, 3238, 3755
Keywords:
abolition of post; duty of care; permanent appointment; reorganisation;
Judgment 3619
121st Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the rejection of her internal appeal against the decisions not to convert her fixed-term contract into a permanent contract and not to select her for a vacant permanent post.
Judgment keywords
Keywords:
competition; complaint allowed; conversion of contract; decision quashed; fixed-term; permanent appointment;
Judgment 3544
120th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the practice followed in granting appointments without limit of time to officials in the Director and Principal Officer category.
Judgment keywords
Keywords:
appointment; complaint allowed; decision quashed; duration of appointment; permanent appointment;
Judgment 3523
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to discontinue the payment of the education allowance for her son.
Judgment keywords
Keywords:
allowance; complaint dismissed; dependent child; education expenses; permanent appointment;
Judgment 3437
119th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the decision to terminate his contract following the CTA restructuring.
Considerations 11-12
Extract:
"Having regard to the nature and length of the complainant’s appointment, the Tribunal will therefore order the CTA to reinstate him, to the full extent possible, in the Centre as from the date on which the termination of his contract took effect [...] with all the legal consequences that this entails.
However, if the CTA considers, in view of its staff complement and budgetary resources, that it cannot actually reinstate the complainant, it shall have to pay him material damages for his unlawful removal from his post. In this connection, the complainant has no grounds for claiming the payment of all the emoluments which he would have received until he reached retirement age because, although his contract was concluded for an indefinite period of time, it did not guarantee that he would be employed by the Centre until the end of his career, since its functioning is contingent on various unforeseeable factors. The CTA will, however, be ordered to pay the complainant the equivalent of the salary and allowances of all kinds which he would have received had his contract remained in force for a period of five years [...], less the compensation he received on termination of his contract and any remuneration he may have received during this period. The Centre must also pay the complainant the equivalent of the contributions to pension, provident or social security schemes which it would have had to bear during the same period."
Keywords:
permanent appointment; reinstatement;
Judgment 3436
119th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of her post in the context of the CTA restructuring, the complainant successfully impugns the decision to terminate her appointment.
Consideration 6
Extract:
The Tribunal’s case law has consistently upheld the principle that an international organisation may not terminate the appointment of a staff member whose post has been abolished, at least if he or she holds an appointment of indeterminate duration, without first taking suitable steps to find him or her alternative employment (see, for example, Judgments 269, under 2, 1745, under 7, 2207, under 9, or 3238, under 10). As a result, when an organisation has to abolish a post held by a staff member who, like the complainant in the instant case, holds a contract for an indefinite period of time, it has a duty to do all that it can to reassign that person as a matter of priority to another post matching his or her abilities and grade. Furthermore, if the attempt to find such a post proves fruitless, it is up to the organisation, if the staff member concerned agrees, to try to place him or her in duties at a lower grade and to widen its search accordingly (see Judgments 1782, under 11, or 2830, under 9).
Reference(s)
ILOAT Judgment(s): 269, 1745, 2207, 3238
Keywords:
permanent appointment; redeployment; reorganisation; separation from service;
Judgment 3164
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the rejection of her request for a transfer, alleging harassment.
Judgment keywords
Keywords:
complaint allowed; conversion of contract; decision quashed; harassment; permanent appointment; transfer;
Judgment 3090
112th Session, 2012
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[WIPO's] employment relationship with the complainant always rested on short-term contracts [...]. These contracts were systematically renewed without any notable breaks, with the result that [...] the complainant pursued a career in the Organization for more than seven years, i.e. until the expiry of [her last] contract. This long succession of short-term contracts gave rise to a legal relationship between the complainant and WIPO which was equivalent to that on which permanent staff members of an organisation may rely. In considering that the complainant belonged to the category of short-term employees to whom the Staff Regulations and Staff Rules do not apply and who do not enjoy legal protection comparable to that enjoyed by other staff members, the defendant failed to recognise the real nature of its legal relationship with the complainant. In so doing it committed an error of law and misused the rules governing short-term contracts."
Keywords:
abuse of power; applicable law; career; contract; difference; extension of contract; misuse of authority; non-renewal of contract; permanent appointment; short-term; staff regulations and rules; status of complainant; temporary-indefinite; terms of appointment;
Judgment 3005
111th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Rejection of a request for conversion of a fixed-term appointment to a permanent one.
"In Judgment 1349, under 11, the Tribunal noted the wide discretion an organisation enjoys in relation to the decision to convert a fixed-term appointment to a permanent one. Given the highly discretionary nature of the decision, it is subject to limited review and will only be set aside 'if it is taken without authority or in breach of a rule of form or of procedure, or if it is based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was an abuse of authority' (see Judgment 2694, under 4)."
Reference(s)
ILOAT Judgment(s): 1349, 2694
Keywords:
appointment; contract; decision; discretion; fixed-term; judicial review; permanent appointment;
Judgment 2925
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[I]t is neither unreasonable nor discriminatory for an international organisation to establish objective criteria, applicable in all cases, on the basis of which it may presume a person has made his or her permanent residence in a particular country. And in establishing objective criteria, it is neither unreasonable nor discriminatory to set specific periods of permanent residency. Further, it is not unreasonable or discriminatory to select different periods for those who are taking up duty in the country of their nationality and those who are taking up duty in a country of which they are not nationals."
Keywords:
allowance; criteria; duty station; equal treatment; nationality; permanent appointment; residence;
Consideration 6
Extract:
"The location of an employee's permanent home is a proper criterion for the award of an expatriation allowance, and the selection of nationality and permanent residence as objective facts by reference to which it may be determined whether his or her permanent home is or is not the country in which he or she will be working is appropriate and adapted to the general circumstances of a large workforce comprised of many different nationalities."
Keywords:
allowance; criteria; duty station; home; nationality; permanent appointment; residence;
1, 2, 3, 4 | next >
|
|
|
|
|
