Judgment No. 3005
Decision
The complaint is dismissed.
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
decision; contract; appointment; fixed-term; permanent appointment; judicial review; discretion
Consideration 12
Extract:
"[A]s the Tribunal observed in Judgment 782, under 1: 'According to the rules of good faith anyone to whom a promise is made may expect it to be kept, and that means that an international official has the right to fulfilment of a promise by the organisation that employs him. The right is conditional. One condition is that the promise should be substantive, i.e. to act, or not to act, or to allow. Others are that it should come from someone who is competent or deemed competent to make it; that breach should cause injury to him who relies on it; and that the position in law should not have altered between the date of the promise and the date on which fulfilment is due.'"
Reference(s)
ILOAT Judgment(s): 782
Keywords
good faith; organisation's duties; promise; right; duty of care
Consideration 11
Extract:
Contrary to the complainant’s assertion, the Tribunal observes that there is no automatic entitlement to a conversion of a fixed-term appointment to a permanent appointment. Article 15a of the Conditions of Employment for Contract Staff provides that “a fixed-term contract shall not confer any right […] to conversion into another type of employment”. Additionally, even if all of the four criteria stipulated in Article 15a(2) under a), b), c) and d) are met, the staff member concerned does not have a right to a permanent appointment but, instead, “may be eligible for appointment to a corresponding vacant permanent post as a permanent employee”. Further, it does not automatically follow from the creation of a permanent post in the budget that a staff member is entitled to a permanent appointment.
Keywords
conversion of contract
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