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Legitimate expectation (272,-666)
You searched for:
Keywords: Legitimate expectation
Total judgments found: 40
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Judgment 4711
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the abolition of automatic step advancement pursuant to the introduction of a new career system.
Consideration 9
Extract:
The complainant […] submits that the contested decision breached his legitimate expectations; he alleges that automatic step advancement had existed since the creation of the Office and had been applied for more than forty years. It was therefore a well-established practice, which he legitimately expected to continue. The former system was foreseeable, stable and transparent, whilst the new one is subject to the EPO’s finances and to the powers of the appointing authority, and therefore is not foreseeable, stable and transparent.
The Tribunal observes that it is not appropriate to raise an issue of legitimate expectations based on practice, as in the present case the previous automatic step advancement was not based on a practice, but instead on an express Service Regulation (former Article 48). Thus, in this case, the issue of the alleged infringement of legitimate expectations is not separate, in fact, from the one regarding the breach of acquired rights.
Keywords:
legitimate expectation; practice;
Judgment 3776
123rd Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision preventing her from receiving a merit-based increment.
Consideration 11
Extract:
[N]o legitimate expectation can arise in contravention of a written rule [...].
Keywords:
legitimate expectation;
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.
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 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 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 3358
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who has dual nationality, impugns the cessation of the payment of an education allowance on the ground that he was a national of the country in which he served.
Consideration 6
Extract:
"The decision to cease paying the education allowance would be open to criticism only if it had violated acquired rights or a legitimate expectation the complainant might have had that the previous situation would be maintained."
Keywords:
acquired right; legitimate expectation;
Judgment 2867
108th Session, 2010
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"Although the Joint Appeals Board recommended that the complainant be reinstated in a post in the Global Mechanism, there is no evidence that her contract would have been renewed for the 2008- 2009 biennium. Accordingly, reinstatement will not be ordered. However, as the abolition of her post was the only reason advanced for the non-renewal of the complainant's contract and there is nothing to suggest that her contract would not otherwise have been extended for two years, she is entitled to material damages in the amount of salary and other benefits she would have received had her contract been renewed for a further two years, together with interest [...]."
Keywords:
abolition of post; extension of contract; legitimate expectation; material damages; non-renewal of contract; reinstatement; staff reduction;
Judgment 2729
105th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[I]f a donor government offers to fund the post of an associate expert for a further period, there is an obligation on the organisation in question to consider that offer in good faith. So much is implicit in the general duties of care and good faith owed by an organisation to its staff. That is not to say, however, that an organisation is bound to accept any such offer. It is simply to say that a person [...] is then entitled to have his or her contract renewed unless there is a valid reason for rejecting the offer. The same duty of good faith requires that an organisation not do anything to prevent such an offer being made."
Keywords:
contract; decision; good faith; grounds; legitimate expectation; non-renewal of contract; offer; organisation's duties; period; post; refusal;
Judgment 2678
104th Session, 2008
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Although the impugned decision must be set aside, it does not follow, as claimed by the complainant, that he is entitled to material damages on the basis that his contract should have been renewed [...]. A fixed-term contract carries no right to renewal. Moreover, there is no basis for assuming that a proper evaluation and review of the complainant's performance [...] would have resulted in any extension of his contract. However, he lost a valuable opportunity to have the question of renewal considered on the basis of a proper review of his performance [...]. The loss of that opportunity warrants an award of material damages in the amount of 7,500 euros."
Keywords:
compensation; condition; contract; decision; extension of contract; fixed-term; injury; legitimate expectation; material damages;
Judgment 2660
103rd Session, 2007
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
In Judgment 2019 the Tribunal reiterated the grounds upon which it would intervene in a decision not to extend a fixed-term contract. It stated:
“22. Anyone who enters into a contract of employment for a fixed term must abide by its terms and is not entitled to automatic renewal or conversion to another type of appointment. The complainant accepted his appointment subject to whatever conditions were laid down in the letter of appointment and the provisions of the Staff Regulations and Rules.
23. A decision by an organization not to renew such a contract is within its power and authority. In a long line of cases the Tribunal has held that such a decision, being discretionary, ‘may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was 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 abuse of authority’. […] Not one of these conditions is present in this case. […]”
In addition, the complainant claims that he had a legitimate expectation that his contract would be extended. In this regard he relies on Judgment 675, in which the Tribunal held that an international civil servant expects, when cutting himself off from his home country to make a career in the service, that normally his contract will be renewed. However, it must be observed that the Tribunal was simply stating that, because of the expectation of renewal, there must be a decision relating to renewal or non-renewal. At consideration 10, the Tribunal stated:
“[…] a contract of employment for a fixed term carries within it the expectation by the staff member of renewal and places upon the organisation the obligation to consider whether or not it is in the interests of the organisation that that expectation should be fulfilled and to make a decision accordingly.”
Reference(s)
ILOAT Judgment(s): 2019
Keywords:
fixed-term; legitimate expectation;
Judgment 2337
97th Session, 2004
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The case law cited [by the complainant] refers to the situation of a staff member who, failing any indication to the contrary, can rely on the continuation of his contractual relations (either not terminated or renewed), since according to the rules of good faith the Organization should warn the staff member if it considers his performance unsatisfactory in order to give him a chance to improve. The situation is different if an organisation [...] restricts the number of fixed term contracts a staff member may be given and lays down specific conditions for the award of an indefinite contract. In this case, the staff member cannot sit back and wait for his contract to be turned into an indefinite contract, since he will be expected to meet stricter requirements. Of course, the Organization is not on that account relieved of its duty of care towards the staff member, and, in accordance with the rules of good faith, it must warn him either if it is convinced that he is simply incapable of performing the duties attached to an indefinite contract, or if it believes that, in order to perform them the staff member must improve the quality of his work still further. This is an obligation the Organization must fulfil particularly in the context of periodic performance appraisals."
Keywords:
case law; condition; contract; duty to inform; fixed-term; good faith; legitimate expectation; organisation's duties; performance report; permanent appointment; satisfactory service; successive contracts; unsatisfactory service; work appraisal;
Judgment 2081
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The issue to be resolved [...] is whether the complainants are barred from objecting to the [organisation]'s failure to take into account the corrected level of salaries for 1995 in determining the salaries for 1996 and 1997, because they did not first challenge their salaries for 1996 and 1997 [... ] when they were originally fixed. But in view of the circumstances, to make such a demand on them would be pedantic and wanting in good faith. As the parties were aware at the time, the salary levels for 1995 were under challenge [...] Moreover, any change in salary levels will ordinarily affect pay in subsequent years. The staff therefore had good reason to believe that a change in pay for 1995 would have a "knock on" effect on the level of salaries used as a basis for calculating pay in the future. Moreover, the [organisation] could be in no doubt that this was what staff would expect. In these circumstances, and having given them no indication to the contrary, the [organisation] could not require staff to challenge each new determination of their salaries on the conditional and hypothetical basis that any successful challenge to the remuneration for a previous year (in this case 1995) should automatically be carried through to the salary levels taken into account in subsequent years."
Keywords:
amendment to the rules; amount; consequence; formal requirements; general principle; good faith; legitimate expectation; official; receivability of the complaint; right of appeal; salary; time bar;
Judgment 1610
82nd Session, 1997
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"Career prospects are not something that exist independently. If the refusal of renewal is lawful, so is the ending of the career."
Keywords:
career; contract; fixed-term; international civil service principles; legitimate expectation; non-renewal of contract; separation from service;
Judgment 1526
81st Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"An organisation owes its staff a general duty of care, and must not cause them undue hardship. A case of non-renewal is no exception. The duty may entail avoidance or reduction of injury that termination may cause [...] at least when it was not a short-term appointment, when the record of service was long, and when the official had reasonable expectations of making a career in the organisation."
Keywords:
career; contract; duration of appointment; general principle; injury; legitimate expectation; moral injury; non-renewal of contract; official; organisation's duties; respect for dignity; short-term;
Judgment 1427
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant is entitled to "moral damages for the injury due to the thwarting of his legitimate expectation of prompt and correct execution of the Tribunal's judgment."
Keywords:
administrative delay; application for execution; execution of judgment; judgment of the tribunal; legitimate expectation; moral injury; organisation's duties;
Judgment 1390
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
Article 15 of Annex 1 to the Eurocontrol Convention says that "the Agency shall be empowered to recruit personnel directly only if the contracting parties are unable to make qualified personnel available to it". The Tribunal holds that the provision "limits the organisation's freedom to recruit by giving priority to candidates prescribed by the contracting parties over 'outside' candidates, but it puts no restrictions on the organisation's freedom to assess the suitability of applicants, wherever they may come from, nor its right to give serving staff a reasonable opportunity of advancement provided that they are as well qualified as other candidates."
Reference(s)
Organization rules reference: ARTICLE 15 OF ANNEX 1 TO THE EUROCONTROL CONVENTION
Keywords:
appointment; candidate; career; competition; competition cancelled; discretion; equal treatment; internal candidate; international instrument; interpretation; legitimate expectation; member state; official; priority; promotion; qualifications;
Judgment 1362
77th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[S]ince the dispute arose out of the decision not to renew [the complainant's] two-year appointment, the organization is right as a matter of principle to refuse his claim to damages for loss of a full career. The two consecutive awards of one year's salary afford sufficient redress to someone who had a rightful expectation of renewal for no more than two years. His claims under this head fail."
Keywords:
amount; application for execution; career; compensation; contract; fixed-term; injury; legitimate expectation; non-renewal of contract;
Judgment 1351
77th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"A decision not to renew a fixed-term contract does not interfere with any contractual right but merely disappoints expectation of further employment. The complainant is not entitled to the exceptional relief of reinstatement but only to an award of damages".
Keywords:
compensation; contract; damages; decision; exception; fixed-term; legitimate expectation; non-renewal of contract; reinstatement;
Judgment 1342
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The Organization decided not to extend the complainant's appointment. It submits that the project to which it assigned him was one of limited duration and that there was accordingly no need to apply the reduction-in-force procedure. "Here the project was not one of limited duration. First, the WHO has not produced any document which established the complainant's post or prescribed its duration. Moreover, even assuming that it might have begun as a post of limited duration, the several extensions of it show that it had become one of indefinite duration and the complainant was therefore entitled on the abolition of it to have the reduction-in-force procedure applied."
Keywords:
abolition of post; amendment to the rules; creation of post; due process; fixed-term; legitimate expectation; moral injury; permanent appointment; post; post held by the complainant; procedure before the tribunal; staff reduction;
Judgment 1323
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Vide Judgment 133.
Reference(s)
ILOAT Judgment(s): 133
Keywords:
candidate; career; internal candidate; legitimate expectation; organisation's interest; post; priority; professional experience; satisfactory service; seniority; staff member's interest;
Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 20-21
Extract:
The ITU alleges that as a member of project personnel the complainant could not expect his appointment to be renewed after a restructuring exercise, unlike headquarters officials whose appointments were extended. "It is clear from the Staff Regulations and the relevant rules that the provisions on fixed-term appointments are in substance the same for both [headquarters and project personnel]. [...] The Union is mistaken in relying on [a rule] to rebut the complainant's charge of discrimination in favour of other staff".
Keywords:
contract; equal treatment; fixed-term; headquarters official; legitimate expectation; non-renewal of contract; project personnel; reorganisation; staff regulations and rules; status of complainant;
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