Fixed-term (317, 318,-666)
You searched for:
Keywords: Fixed-term
Total judgments found: 297
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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.
Judgment keywords
Keywords:
abolition of post; closure of organisation; complaint allowed; fixed-term; termination of employment;
Judgment 3849
124th Session, 2017
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the non-renewal of his fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; late appeal; non-renewal of contract;
Judgment 3847
124th Session, 2017
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In both complaints, the complainant contests the non-renewal of her fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; non-renewal of contract;
Judgment 3840
124th Session, 2017
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew his fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; non-renewal of contract;
Judgment 3838
124th Session, 2017
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment.
Consideration 6
Extract:
It is a general principle of international civil service law that there must be a valid reason for the non-renewal of any contract, and the official must be informed of that reason explicitly in a decision against which she or he can appeal. This principle also applies to the non-renewal of a fixed-term appointment which, under the staff regulations or by agreement between the parties, ends automatically upon its expiry. This approach is justified by the fact that international organisations frequently resort to fixed-term contracts and the fact that the legitimate career expectations of those entering the service of these organisations would otherwise be denied. It follows that an official who holds a fixed-term contract that automatically ends upon expiry must be informed of the true reasons for not renewing that contract and must receive reasonable notice thereof (see for example Judgments 1154, under 4, 1544, under 11, 1983, under 6, 3368, under 11, and 3582, under 11).
Reference(s)
ILOAT Judgment(s): 1154, 1544, 1983, 3368, 3582
Keywords:
fixed-term; general principle; non-renewal of contract;
Judgment 3837
124th Session, 2017
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend her fixed-term appointment.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; internal remedies exhausted; late appeal; non-renewal of contract; time limit;
Judgment 3746
123rd Session, 2017
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew his fixed-term appointment.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; non-renewal of contract;
Judgment 3703
122nd Session, 2016
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the extension by one month and the subsequent non-renewal of his fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; non-renewal of contract;
Judgment 3626
121st Session, 2016
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former staff member of the ILO, contests the decision not to renew his fixed-term contract upon its expiry.
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; non-renewal of contract;
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 3616
121st Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term contract and the refusal to grant her a termination indemnity.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; fixed-term; non-renewal of contract; terminal entitlements;
Judgment 3613
121st Session, 2016
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his employment for alleged unsatisfactory performance, the Global Fund’s refusal to retract a News Release published on the date of the termination of his employment, and the decision to maintain the News Release on the Fund’s website and its refusal to award compensation for excessive publication, defamation and continued breach of privacy.
Consideration 27
Extract:
It is well settled in the Tribunal’s case law that a staff member whose performance is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of her or his performance so that steps may be taken to remedy the deficiencies. The staff member is also entitled to have objectives set in advance so that she or he will know the basis upon which future performance will be based and that their appointment is in jeopardy if there is no improvement. As well, an organization may not terminate a staff member for unsatisfactory performance unless it has complied with its own rules to evaluate that performance. As stated in Judgment 2414, under 23, “[t]hese are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity”.
Reference(s)
ILOAT Judgment(s): 2414
Keywords:
fixed-term; non-renewal of contract; performance report; unsatisfactory service; work appraisal;
Judgment 3596
121st Session, 2016
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his fixed-term appointment and to place him on special leave with pay until his contract expired.
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; non-renewal of contract; special leave;
Judgment 3586
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend his fixed-term appointment.
Judgment keywords
Keywords:
complaint allowed; decision quashed; due process; duty of care; equity; fixed-term; non-renewal of contract;
Consideration 6
Extract:
[T]he Tribunal’s scope of review in a case such as this is limited. Firm and consistent precedent has it that an organization enjoys wide discretion in deciding whether or not to extend a fixed-term appointment. The exercise of such discretion is subject to limited review because the Tribunal respects an organization’s freedom to determine its own requirements and the career prospects of staff (see, for example, Judgment 1349, under 11). The Tribunal will not substitute its own assessment for that of the organization. A decision in the exercise of this discretion may only be quashed or set aside for unlawfulness or illegality in the sense that it was taken in breach of a rule of form or procedure; or if it is based on an error of fact or of law, if some essential fact was overlooked; or if there was an abuse or misuse of authority; or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgments 3299, under 6, 2861, under 83, and 2850, under 6).These grounds of review are applicable notwithstanding that the Tribunal has consistently stated, in Judgment 3444, under 3, for example, that an employee who is in the service of an international organization on a fixed-term contract does not have a right to the renewal of the contract when it expires and the complainant’s terms of appointment contained a similar provision.
Reference(s)
ILOAT Judgment(s): 1349, 2861, 3299
Keywords:
fixed-term; legitimate expectation;
Judgment 3582
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term appointment following the abolition of her position.
Judgment keywords
Keywords:
abolition of post; complaint allowed; fixed-term; non-renewal of contract;
Judgment 3576
121st Session, 2016
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of his fixed-term contract due to budgetary constraints.
Judgment keywords
Keywords:
budgetary reasons; complaint dismissed; fixed-term; non-renewal of contract;
Judgment 3448
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint because the non-renewal of a fixed-term contract is discretionary.
Consideration 8
Extract:
"The Tribunal’s case law requires an international organization to give reasonable notice of the non-renewal of a fixed-term appointment."
Keywords:
fixed-term; non-renewal of contract; notice;
Consideration 6
Extract:
"[A]s the Tribunal has stated in Judgment 2171, under 4, the non-renewal of a fixed-term contract is not the same thing as termination and does not give rise to any termination indemnity."
Reference(s)
ILOAT Judgment(s): 2171
Keywords:
fixed-term; non-renewal of contract; terminal entitlements;
Consideration 7
Extract:
"It is well established in the Tribunal’s case law that the non-renewal of a fixed-term contract is discretionary. Such a decision is subject to only limited review by the Tribunal, which respects the freedom of an international organization to determine its own staffing requirements and the career prospects of staff members. A person who is employed on a fixed-term contract does not have a right or a legitimate expectation to a contract extension. Accordingly, the Tribunal will not interfere with a decision not to extend such a contract unless the decision was made without authority, or in breach of a rule of procedure, or was based on a mistake of fact or of law, or overlooked some essential fact, or amounted to an abuse of authority."
Keywords:
discretion; fixed-term; judicial review; legitimate expectation; non-renewal of contract;
Judgment 3444
119th Session, 2015
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal accepted the complainant's argument that he had not been provided with clear and valid reasons for not renewing his contract.
Considerations 3 and 4
Extract:
"The Tribunal has consistently stated that an employee who is in the service of an international organization on a fixed-term contract does not have a right to the renewal of the contract when it expires. Staff Rule 104.4(a) states that a contract ends on the expiration date stated in the letter of appointment. The complainant’s contract would have expired on 31 December 2011, but for the two additional months’ notice to comply with its internal practice to satisfy Staff Regulation 9.2. He does not challenge the reasonableness of the notice which he received. The Tribunal has further consistently stated that the decision whether to extend or renew a fixed-term appointment lies within the discretion of the organization. This discretion is subject to only limited review by the Tribunal. The Tribunal will not substitute its own assessment for that of the organization. A decision in the exercise of the discretion may only be quashed or set aside for unlawfulness or illegality in the sense that it was taken without authority, or in breach of a rule of form or procedure, or if it rested on an error of fact or of law, if some essential fact was overlooked, or if there was an abuse of authority, or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgments 3299, under 6, 2861, under 83, and 2850, under 6). Notwithstanding this, where the abolition of an office by virtue of re-organization of a department or unit is proffered as the reason for the non-renewal of a contract, this must be done on objective grounds and not as a pretext for removing undesirable staff as that would be considered an abuse of authority (see, for example, Judgments 1231, under 26, and 2830, under 6, recently confirmed in Judgment 3353, under 13-16). The decision must also be taken by the competent authority (see, for example, Judgment 1273, under 8). Moreover, the Tribunal has consistently stated that notwithstanding the discretionary nature of such a decision, it must be taken for a valid reason that is given to the staff member (see, for example, Judgment 1154, under 4)."
Reference(s)
ILOAT Judgment(s): 1154, 1231, 1273, 2830, 2850, 2861, 3299, 3353
Keywords:
fixed-term; non-renewal of contract;
Judgment 3443
119th Session, 2015
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully impugns the decision for the non-renewal of his contract.
Consideration 3
Extract:
"The person concerned by a decision not to renew a fixed-term contract upon its expiry is entitled to be given the reasons for that decision. However, the Tribunal grants organisations considerable discretionary authority in this area. It will set aside such a decision only if it is ultra vires, or shows a formal or procedural flaw or an error of fact or of law, or if a material fact has been overlooked, or if there has been abuse of authority, or if a plainly wrong conclusion has been drawn from the evidence. (See Judgments 230, under 1, 2916, under 3, and 2991, under 13.)"
Reference(s)
ILOAT Judgment(s): 230, 2916, 2991
Keywords:
fixed-term; non-renewal of contract;
Judgment 3441
119th Session, 2015
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that UNIDO breached its duty of care, good faith and mutual trust to the complainant.
Judgment keywords
Keywords:
complaint allowed; decision quashed; extension of contract; fixed-term; joinder; recovery of overpayment;
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