Extension of contract (309,-666)
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Keywords: Extension of contract
Total judgments found: 109
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Judgment 4849
138th Session, 2024
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to convert his fixed-term appointment into a continuing or permanent appointment.
Consideration 10
Extract:
The second contention is based on a premise that there was a practice that a staff member on a fixed-term contract would, at the end of their fifth year of appointment, be offered the choice of having their contract converted into a continuing appointment at that point, or wait a further two years before having their contract converted into a permanent appointment. The complainant contends his treatment did not accord with this practice and involved unequal treatment. But again, in the main, the complainant supports the existence of this practice, and its breach, by generalised assertions, though he does descend into some specifics. However, the Tribunal’s case law requires that “allegations of discrimination and unequal treatment can lead to redress on condition that they are based on precise and proven facts” (see, for example, Judgment 4238, consideration 5). The concept of “precise and proven facts” entails sufficiently detailed and persuasive evidence to establish that there had been unequal treatment.
Reference(s)
ILOAT Judgment(s): 4238
Keywords:
burden of proof; duration of appointment; evidence; extension of contract; permanent appointment; practice; renewal of contrat; unequal treatment;
Judgment keywords
Keywords:
complaint dismissed; duration of appointment; extension of contract; fixed-term; permanent appointment; renewal of contrat; staff member's interest;
Consideration 5
Extract:
The Organization is correct in taking the position that there was no right to have a fixed-term appointment as a WIPO staff member converted to either a continuing or permanent appointment. Staff Regulation 4.17, which concerns the grant of a fixed-term appointment, provides in paragraph (f) that: “A fixed term appointment does not carry any expectancy, legal or otherwise, of renewal or conversion, irrespective of the length of service.” This is fortified by the provisions of paragraph (b) of Staff Regulation 4.18, which provides that a continuing appointment “shall be granted at the discretion of the Director General”. Paragraph (b) of Staff Regulation 4.19 is to the same effect in relation to permanent appointments. The following comments of the Tribunal in Judgment 4008, consideration 11, are apt to apply in the present case:
“There is plainly nothing in these provisions which would entitle the complainant to have her fixed-term contract redefined. Nor is there anything in the Tribunal’s case law establishing such a right. The complainant is therefore wrong to submit that her fixed-term contract should have been redefined [...]”
Reference(s)
ILOAT Judgment(s): 4008
Keywords:
discretion; duration of appointment; extension of contract; fixed-term; permanent appointment; renewal of contrat;
Consideration 11
Extract:
Cases can arise where an inference can be drawn that an alleged practice does exist, largely because of the refusal or failure of the organisation to provide documents requested by a complainant intended to prove the existence of that practice. One example, relied on by the complainant, was Judgment 3415, particularly considerations 6 to 9. In the present case, the complainant recounts his unsuccessful attempts to obtain, during the processes internal to the organisation, documentation intended to prove the existence of the practice. However, what he has failed to do in these proceedings before the Tribunal is exercise, if necessary, his ability under the Tribunal’s Rules, specifically under Article 9, paragraph 6, to secure documents from WIPO which would prove, in an evidentiary sense, the existence of the practice he asserts. The inference drawn in Judgment 3415 was substantially based on the refusal of the defendant organisation to produce the discovery documents requested by the complaint in the proceedings before the Tribunal. In that matter, the Tribunal made it clear that the defendant organisation should have, in the face of the discovery request, produced the documents. In the present case, the absence of a request or, ultimately if necessary, procuring an order under Article 9, paragraph 6, militates against drawing an inference that the asserted practice existed.
Reference(s)
ILOAT Judgment(s): 3415
Keywords:
burden of proof; disclosure of evidence; evidence; extension of contract; permanent appointment; practice; renewal of contrat;
Judgment 4848
138th Session, 2024
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests WIPO’s decisions (i) to advertise his post; (ii) to organise a selection process to fill his post; (iii) not to appoint him to the post without competition; (iv) to renew his fixed-term appointment for three months only; (v) to restructure his division; and (vi) to modify/redefine his post.
Judgment keywords
Keywords:
abolition of post; complaint dismissed; difference; duration of appointment; extension of contract; fixed-term; organisation's duties; post description; renewal of contrat; reorganisation; staff member's interest; title of post;
Consideration 12
Extract:
The Tribunal is satisfied that there is no manifest error in the Appeal Board’s finding and conclusion that there was a material difference between the duties and responsibilities of the newly created position (Director of CMD) and those of the original position (Director of CID) as a result of the redefined organizational context, warranting advertising for the post of Director of CMD. Therefore, the Director General’s decision to extend the complainant’s contract by three months only in the soon to be abolished position of Director of CID was taken in proper exercise of his discretion.
Keywords:
abolition of post; difference; discretion; duration of appointment; extension of contract; manifest error; post description; renewal of contrat; reorganisation; title of post;
Consideration 8
Extract:
The other and related decisions apparent from the letter of 31 January 2018 were the decisions to offer the complainant a three-month extension of his fixed-term appointment and to advertise the position of Director of the (about to be created) CMD. In his pleas, the complainant challenges the creation of this position contending, amongst other things, it was not materially different to the position he then formally occupied and was the product of a reorganisation which was illusory rather than substantial. It is unnecessary to repeat the various ways this is put by the complainant. However, mention should be made of a submission, which is tantamount to an allegation that the reorganisation was not a bona fide exercise of an undoubtedly wide discretionary power the executive head of an international organisation has to institute administrative and other structural changes within the organisation with consequential effects on existing posts, including their redefinition or abolition (see, for example, Judgments 4599, considerations 11 and 12, 4353, consideration 7, 3238, consideration 7, and 3169, consideration 7). This is, in substance, an allegation of bad faith. However, bad faith may not be presumed, and the burden of proof is on the party that pleads it (see Judgments 4682, consideration 3, 4353, consideration 12, and 2800, consideration 21). In the present case, there is not a scintilla of evidence that the reorganisation decision did not involve a bona fide exercise of the wide discretionary power of the executive head. This plea is unfounded.
Reference(s)
ILOAT Judgment(s): 2800, 3169, 3238, 4353, 4599, 4682
Keywords:
abolition of post; bad faith; burden of proof; difference; discretion; duration of appointment; extension of contract; fixed-term; post description; renewal of contrat; reorganisation; title of post;
Judgment 4704
136th Session, 2023
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the determination made on his Clearance Certificate, upon his separation from service, that there was no medical reason to believe that he was incapacitated due to illness constituting an impairment to health likely to be permanent or of a long duration, as well as the decision to separate him from IAEA while on sick leave.
Considerations 9-10
Extract:
Judgments 938 and 607, on which the complainant relies, did not establish a general principle that a staff member may not be separated while on sick leave. The question of whether an organisation is under an obligation to extend a fixed-term contract to cover a period of sick leave must be determined by having regard to the organisation’s rules, including any established practice which is binding on the organisation. This position is consistently stated in the Tribunal’s case law, most recently in Judgment 3754, consideration 14:
“Early judgments of the Tribunal, such as Judgment 938 relied on by the complainant, may have been thought to establish a principle of general application that an official’s employment could not be terminated while the official was on sick leave. However it is clear that no such principle of general application has been established by the Tribunal’s case law. This issue was discussed by the Tribunal in Judgment 3175, consideration 14.”
As there was neither a provision in the IAEA’s Staff Regulations and Staff Rules, nor an established practice, or a principle of general application, requiring the IAEA to extend a staff member’s contract because she or he is on sick leave at the expiry of the contract, the IAEA was not obliged to extend the complainant’s contract to cover his sick leave.
Reference(s)
ILOAT Judgment(s): 607, 938, 3175, 3754
Keywords:
extension of contract; sick leave;
Judgment 4701
136th Session, 2023
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to defer the review of his contract’s extension.
Judgment keywords
Keywords:
complaint dismissed; extension of contract;
Judgment 4678
136th Session, 2023
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decisions not to extend his fixed-term contract due to unsatisfactory performance and to withhold his within-grade salary increment.
Consideration 11
Extract:
Contrary to the complainant’s argument, good faith does not require an organization to extend the appointment of an underperforming staff member merely because the staff member has applied for a disability benefit.
Keywords:
extension of contract; good faith; invalidity;
Judgment 4596
135th Session, 2023
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to pay him a termination indemnity upon the expiry of his fixed-term appointment.
Consideration 9
Extract:
Regarding the duration of a fixed-term appointment extension, contrary to the complainant’s assertion, the plain meaning of Staff Rule 302.4.102 does not create a general rule that an extension of a fixed-term appointment shall be no less than one year. Rather, by clarifying the meaning of a similar provision in ILO Staff Regulations 4.6(d) that “[a]ppointments for a fixed term shall be of not less than one year and of not more than five years”, the Tribunal has, in Judgment 3448, consideration 5, established that “[t]his provision contains nothing that entitles the complainant to a twelve-month contract extension. Neither is there any statement in the Tribunal’s case law that there is a right or entitlement to an extension of this character.” The Tribunal’s case law also states that an organisation enjoys wide discretion in deciding whether or not to renew a fixed-term appointment (see, for example, Judgment 4231, consideration 3). The decision not to extend the complainant’s appointment after 31 August following restructuring and abolition of post shall be respected. The complainant’s allegation that the FAO violated applicable rules regarding the extension is therefore unfounded.
Reference(s)
ILOAT Judgment(s): 3448, 4231
Keywords:
extension of contract; fixed-term;
Judgment 4544
134th Session, 2022
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the setting aside of the decision to extend her appointment by only six months, from 4 September 2016 to 3 March 2017.
Judgment keywords
Keywords:
complaint dismissed; extension of contract;
Judgment 4539
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate him from service on 31 October 2018, being the date on which he reached his retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4538
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate her from service on 30 September 2018, being the date on which she reached her retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4537
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate her from service on 31 July 2018, being the date on which she reached her retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4535
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate him from service on 31 October 2018, being the date on which he reached his retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4534
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former staff member of UNAIDS, challenges the decision to separate him from service on 31 October 2018, being the date on which he reached his retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4533
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate her from service on 31 December 2018, being the date on which she reached her retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of her appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4531
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate her from service on 31 August 2018, being the date on which she reached her retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of her appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4530
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the effective date of termination of his appointment, which had previously been deferred on a number of occasions due to his sick leave.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; sick leave; termination of employment;
Judgment 4513
134th Session, 2022
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to convert his appointment as a graduate when it expired and to terminate it.
Judgment keywords
Keywords:
complaint allowed; extension of contract; probationary period;
Judgment 4506
134th Session, 2022
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the length of the extension of appointment that was offered to him.
Judgment keywords
Keywords:
complaint allowed; extension of contract; senior official;
Judgment 4068
127th Session, 2019
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend his appointment beyond the seven-year tenure.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; non-renewal of contract;
Judgment 4067
127th Session, 2019
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend his contract.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; non-renewal of contract;
Judgment 3996
126th Session, 2018
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to investigate her claim of harassment, the decision to permanently transfer her and the decision to offer her an extension of appointment in her new position.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; harassment; transfer;
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