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Short-term (322,-666)
You searched for:
Keywords: Short-term
Total judgments found: 51
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Judgment 4675
136th Session, 2023
International Office of Epizootics
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the reclassification of her employment relationship and the consequential regularisation of her pension entitlements.
Consideration 4
Extract:
[A]lthough, in those judgments, the Tribunal found that the successive short-term contracts given to the complainants in question actually constituted a continuous employment relationship which warranted a reclassification to that effect, the Tribunal had already found – and expressly pointed out – that those contracts had been renewed without any notable breaks (see Judgments 3225, consideration 8, and 3090, consideration 7). It was clear from the evidence adduced in the cases in question that the complainants’ short-term contracts had followed one another seamlessly, subject only to very brief interruptions, which showed that breaking down the employment relationship into multiple temporary appointments, as the organisation had done, was artificial.
In the present case, the requirement to have no notable breaks, as established by this case law, is not met. It is apparent from a table summarising the complainant’s employment contracts, that she herself supplied in her complaint, that the employment relationship between her and WOAH between 2 January 2002 and 31 January 2013 was subject to many long breaks, loosely corresponding to the second half of every year, and lasting up to eight months. Accordingly, over the period in question, the duration of all of the complainant’s temporary contracts when added together was only five years and four months (and not six months, as the complainant erroneously stated in her submissions), in other words, not even half of the overall duration of 11 years and one month that the period represented.
Reference(s)
ILOAT Judgment(s): 3090, 3225
Keywords:
conversion of contract; redefinition of contract; short-term;
Judgment keywords
Keywords:
complaint dismissed; conversion of contract; redefinition of contract; short-term;
Judgment 4655
136th Session, 2023
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decisions rejecting their requests for redefinition of their employment relationships.
Consideration 10
Extract:
[T]he case law [...] established by Judgments 4159 and 4160 is fully applicable to the cases of the complainants in the present proceedings, and accordingly the Organization’s objection to the receivability of all the complaints, based on the fact that the complainants’ internal appeals were time-barred, is well founded.
With regard to the eight complainants who were granted temporary contracts at the end of periods when they were employed under short-term contracts, it is clear that they did not challenge the decisions whereby they were granted these temporary contracts within the eight-week period available to them for this purpose under Staff Rule 11.1.1(b)(1), in the version applicable at the time. Moreover, examination of these contracts shows that the complainants explicitly stated when signing them that they “accept[ed] without reservation the temporary appointment[s] offered to [them]”. The requests for redefinition of their employment relationships that they subsequently submitted were therefore time-barred.
Moreover, the Tribunal notes that the approach adopted in Judgments 4159 and 4160, concerning the consequences of a failure to challenge within the applicable time limit a decision awarding a temporary employment contract at the end of a period of employment under short-term contracts, must apply a fortiori to a decision awarding a fixed-term contract at that point. The grant to some staff members, at the end of a such a period of employment, of this type of contract, which is still more fundamentally different in nature from a short-term contract, constituted a fortiori a modification of the legal relationships between the parties as well as regularising the contractual situation of the staff members in question.
However, the three complainants who were directly awarded fixed-term contracts on the expiry of renewals of their short-term contracts failed to challenge the decisions granting them these contracts within the applicable time limit for appeal and also accepted their new contracts without reservation. Consequently, they were not entitled to seek a redefinition of their employment relationships at a later date.
Reference(s)
ILOAT Judgment(s): 4159, 4160
Keywords:
conversion of contract; fixed-term; late appeal; redefinition of contract; short-term;
Consideration 10
Extract:
[T]he Tribunal observes that, while the various complainants requested that the contractual redefinition apply not only to the period during which they were employed under short-term contracts but also, subsidiarily, to the subsequent period, their claims on this point are also barred by this case law. Firstly, the periods during which the complainants were employed under temporary appointments or fixed-term contracts did not in themselves necessitate a redefinition, since the complainants were lawfully employed during those periods. Secondly, since the requests for redefinition of their initial employment relationships in the form of short-term contracts are irreceivable, those requests, even if well-founded, could not in any event give rise to an entitlement to redefinition concerning the subsequent period.
Keywords:
conversion of contract; late appeal; redefinition of contract; short-term;
Judgment keywords
Keywords:
complaint dismissed; conversion of contract; redefinition of contract; short-term;
Judgment 4654
136th Session, 2023
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks a redefinition of his employment relationship and the setting aside of the decision not to renew his employment contract.
Consideration 7
Extract:
[T]he case law thus established by Judgments 4159 and 4160 is fully applicable to the case of the complainant in the present proceedings, [...].
Indeed, it is clear that the complainant did not challenge, within the eight-week period available to him for this purpose under Staff Rule 11.1.1(b)(1), in the version applicable at the time, the decision of 19 November 2012 whereby he was granted the temporary appointment which he held from that date. Moreover, examination of that contract shows that the complainant signed it on 23 November 2012, explicitly stating that he “accept[ed] without reservation the temporary appointment offered to [him]”. The request for redefinition of his employment relationship that he subsequently submitted on 16 September 2016 with the aim of having his career reconstructed was therefore time-barred.
Reference(s)
ILOAT Judgment(s): 4159, 4160
Keywords:
conversion of contract; late appeal; redefinition of contract; short-term;
Judgment keywords
Keywords:
abolition of post; complaint dismissed; conversion of contract; late appeal; non-renewal of contract; redefinition of contract; short-term;
Consideration 7
Extract:
[T]he Tribunal observes that, while the complainant requested that the contractual redefinition apply not only to the period during which he was employed under short-term contracts but also, subsidiarily, to the subsequent period, his claims on this point must also fail in light of this case law. Firstly, the period during which the complainant was employed under a temporary appointment did not in itself necessitate a redefinition, since he was lawfully employed during that period. Secondly, since the request for redefinition of his initial employment relationship in the form of short-term contracts is irreceivable, that request, even if well founded, could not in any event give rise to an entitlement to redefinition concerning the subsequent period.
Keywords:
conversion of contract; late appeal; redefinition of contract; short-term;
Judgment 4518
134th Session, 2022
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his non-appointment to a fixed-term position and the non-renewal of his short-term contract, as well as the organisation’s refusal to conduct an investigation into the allegations of harassment made against him which, according to him, form the basis of the non-appointment and non-renewal decisions.
Judgment keywords
Keywords:
complaint allowed; harassment; non-renewal of contract; selection procedure; short-term;
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.
Consideration 5
Extract:
Under the Tribunal’s case law, the decision not to renew a fixed-term contract is a discretionary decision, but if the decision rests on poor performance, the assessment of that performance has to be made in accordance with the rules established for that purpose; this is allied with an obligation to afford an opportunity to improve (see, in particular, Judgment 4289, under 7, and the case law cited therein). These principles are also applicable when, as in the present case, a decision is to be taken on whether to convert a graduate appointment into an appointment for an undetermined period or a limited period.
Reference(s)
ILOAT Judgment(s): 4289
Keywords:
non-renewal of contract; performance; short-term;
Judgment 4412
132nd Session, 2021
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions not to renew her short-term appointment beyond 31 March 2016 and not to select her for a G-3 position advertised through a vacancy announcement.
Judgment keywords
Keywords:
complaint allowed; decision quashed; non-renewal of contract; selection procedure; short-term;
Judgment 4037
126th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of her temporary appointment.
Judgment keywords
Keywords:
complaint allowed; contract; decision quashed; non-renewal of contract; short-term;
Judgment 3848
124th Session, 2017
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew his special short-term contract for serious misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; hidden disciplinary measure; misconduct; non-renewal of contract; short-term;
Judgment 3420
119th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully challenges the decision not to convert his consultant's contract into a fixed-term appointment.
Consideration 9
Extract:
"The Tribunal has examined its competence ratione personae of its own motion since, when the complaint was filed [...], the complainant was formally described in his employment contract as a “consultant”, a term often used for external collaborators. In the complaint form, the complainant calls himself a staff member. The Tribunal notes that the Staff Regulations and Staff Rules applicable since 1 January 2012 use the terms “staff members” and “staff” indiscriminately and that WIPO describes the complainant as a temporary employee on a short-term contract. The Tribunal finds that WIPO has consistently treated the complainant as a staff member. It is clear from the evidence that his contract provided for the payment of a salary, that he was subject to the disciplinary procedure – which was actually applied to him – and that he had access to internal appeal bodies. Moreover, WIPO admits that it has outsourced duties previously exercised by the complainant, which clearly shows that they were previously regarded as being performed internally. The Tribunal is therefore competent ratione personae to hear this case. Indeed, it had already implicitly accepted that it was competent to hear the complainant’s previous complaints."
Keywords:
competence of tribunal; locus standi; official; ratione personae; short-term; staff member; status of complainant;
Judgment 3368
118th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal considered that the complainant’s employment under short-term contracts was unlawful and that the Organisation failed to provide reasonable notice of non-renewal.
Judgment keywords
Keywords:
non-renewal of contract; short-term;
Judgment 3367
118th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint filed against the decision to not renew the complainant’s contract on the ground that his employment under short-term contracts was lawful.
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; short-term;
Judgment 3362
118th Session, 2014
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to renew his short-term contract and not to advertise his post.
Consideration 16
Extract:
"[I]t is clear from the actual wording of Rule 9.E a) of the Staff Rules applicable to staff members engaged for conferences and other short-term service, expressly reproduced in that contract, and from the consistent case law of the Tribunal, that a short term contract ordinarily ends automatically, without prior notice, on the expiration date of the period for which it was concluded. It is true that, according to the case law, an international organisation is nevertheless obliged to give a reasonable period of prior notice where a staff member has been employed continuously under such contracts for a period of time exceeding that which corresponds to a purely temporary assignment (see Judgments 2104, under 6, and 2531, under 9)."
Reference(s)
ILOAT Judgment(s): 2104, 2351
Keywords:
contract; non-renewal of contract; notice; short-term;
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; promise; short-term;
Judgment 3225
115th Session, 2013
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully asks for her short-term contracts to be converted into fixed-term contracts.
Judgment keywords
Keywords:
complaint allowed; conversion of contract; decision quashed; short-term;
Judgment 3159
114th Session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully challenges the decision to abolish his post.
Considerations 9, 19 and 20
Extract:
"The terms of Staff Rule 1050.2 are clear. They impose a duty on the Organization in specified circumstances. The duty is to use reasonable efforts to reassign a staff member whose post is being abolished. The specified circumstances are, as to a staff member on a fixed-term appointment, that the staff member has served “for a continuous and uninterrupted period of five years or more”. The expression “continuous and uninterrupted” fairly emphatically focuses attention on service of a particular character. There is no basis in the language of the Staff Rule to treat its operation as ambulatory in the sense that a person who has been on a fixed-term appointment but has not served in that capacity for a continuous and uninterrupted period of at least five years is nonetheless a person to whom the Organization, by operation of the Rule, is under a duty to make reasonable efforts to reassign. [...] However, a staff rule cast in terms of Staff Rule 1050.2 does not preclude the possibility that the Organization is under a duty requiring proactive conduct in circumstances not comprehended by the Rule itself. WHO does not put in issue that there is a general duty of loyalty, as the complainant contends. What might be required of an organisation in broadly similar circumstances was considered by the Tribunal in Judgment 2902. [...] The same reasoning can be applied in the present case. The complainant and WHO found it mutually acceptable, and with benefits accruing to both, for the complainant to be employed on a series of short-term appointments for much of the complainant’s employment. But the complainant nonetheless had worked, in a real and practical sense, for over a decade and a half in the service of the Organization. In those circumstances, WHO was obliged to explore with the complainant other employment options prior to his separation."
Reference(s)
Organization rules reference: Staff Rule 1050.2
ILOAT Judgment(s): 2902
Keywords:
abolition of post; contract; duration of appointment; enforcement; fixed-term; general principle; intention of parties; non-renewal of contract; organisation's duties; reassignment; short-term; staff regulations and rules; successive contracts;
Judgment 3110
113th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; contract; decision quashed; redefinition of contract; short-term;
Judgment 3097
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; inquiry; investigation; short-term; termination of employment;
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 3026
111th Session, 2011
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Failure on the part of the Organisation to give the complainant a fair opportunity to demonstrate improvement prior to deciding not to renew his fixed-term contract for unsatisfactory performance.
"It must be assumed that until 2006 the complainant's work was satisfactory as his contract was renewed from time to time, albeit that he was not subject to performance appraisal during the period he was employed on temporary assistance contracts."
Keywords:
appointment; complainant; contract; performance report; period; satisfactory service; short-term; work appraisal;
Judgment 2926
109th Session, 2010
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 9
Extract:
The complainant worked for the ILO Staff Union from 2 August to 31 December 2004 under a special short-term contract. Subsequently, he continued to make his services available to the Staff Union without any written contract. He asks the Tribunal to find that he has been an ILO official since August 2004.
"The Tribunal considers [...] that the fact that the complainant continued to make his services available to the Staff Union in the absence of any contract, that he was given access to the material facilities which the Office provides for the Staff Union, and that performance appraisal reports were drawn up for him could not confer on him a status that had not been granted by a formal administrative document. It follows that when he filed his complaint with the Tribunal, he was not in a position to invoke the status of an official bound to the Organization by a contract concluded in accordance with the rules in force. [...] It follows that the complainant, since he lacks the status of an ILO official, has no access to the Tribunal, which must decline jurisdiction and dismiss the complaint."
Keywords:
competence of tribunal; contract; effect; facilities; formal requirements; no provision; non official; performance report; short-term; staff union; status of complainant; written rule;
Judgment 2850
107th Session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[T]he complainant argues that his initial appointment ought to have been for an undetermined period since his duties were of a lasting nature. However, as he was recruited under a contract for a limited period his situation is in any case governed by the provisions applicable to such contracts, and even on the assumption that his post should normally have been filled by a servant appointed for an undetermined period - which, as can be seen from Judgment 1450, is not a matter which the Tribunal will review - this fact by itself could not lead to a redefinition of his appointment."
Reference(s)
ILOAT Judgment(s): 1450
Keywords:
amendment to the rules; appointment; contract; duration of appointment; judicial review; permanent appointment; provision; short-term;
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