Extension of contract (309,-666)
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Keywords: Extension of contract
Total judgments found: 107
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Judgment 703
57th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The alleged promises were not in writing, the FAO denies they were ever made and it is not proved that they were. Besides, to be enforceable, they would have had to be agreed to by both organisations".
Keywords:
condition; contract; extension of contract; fixed-term; non-renewal of contract; promise; secondment;
Judgment 687
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant was dismissed for reasons of unsatisfactory performance after a six-month extended period of probation even though his work showed improvement during the extension. It does not "matter that the complainant experienced difficulties in the first year of probation. In agreeing to extend the probation the President acknowledged that there might be improvement, and indeed there was. It was a serious abuse of discretion for him to overlook those facts unless the dossier contains evidence produced after the end of the normal probation period."
Keywords:
disregard of essential fact; extension of contract; probationary period; satisfactory service; termination of employment; unsatisfactory service;
Summary
Extract:
Although the complainant's performance showed improvement by the end of an extended period of probation, the organisation dismissed him. The Tribunal holds that the extension of probation gave him reason to believe that if his work was found satisfactory he would get appointed. The President drew clearly mistaken conclusions from the evidence. His decision is set aside and the complainant is referred back to the organisation for determination of his rights on reinstatement in its employ as from the date of his dismissal.
Keywords:
extension of contract; legitimate expectation; mistaken conclusion; probationary period; reconstruction of career; reinstatement; satisfactory service; termination of employment;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
A memorandum from the Director-General sets the conditions for renewal a fixed-term contract on the grounds of illness. "The memorandum is [...] material evidence, even though it is not part of the Staff Regulations, and the Tribunal will hold that Director-General overlooked essential facts if he refused renewal despite the complainant's fulfilling the conditions set in the memorandum."
Keywords:
administrative instruction; contract; disregard of essential fact; enforcement; extension of contract; organisation's duties; sick leave;
Consideration 23
Extract:
The decision to refuse sick leave [by renewing a fixed-term contract] is quashed. "The Tribunal takes the view that pay for the period of sick leave will adequately compensate the complainant for the injury caused by the [organization's] unlawful decision, and there should be no further damages."
Keywords:
contract; extension of contract; fixed-term; non-renewal of contract; refusal; sick leave;
Judgment 592
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The organisation argues that by accepting the final extension of his appointment, the complainant waived his right to appeal and the complaint is irreceivable because it is in breach of the principles of good faith and estoppel. The Tribunal holds that waiver of a right to bring action may not be presumed; waiver is binding only if it is express or clearly implied on the facts. Mere acceptance of a decision giving him partial satisfaction does not necessarily denote waiver of the claims which had not yet been met.
Keywords:
acceptance; condition; contract; estoppel; extension of contract; good faith; receivability of the complaint; waiver of right of appeal;
Judgment 516
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
After the lodging of an internal appeal - the complainant sought a further short-term appointment - an extension was granted from 1 April to 31 May. A further extension was granted retroactively on 3 November from 31 May to 31 July. "None of this means [...] that the appeal was allowed or that the [...] complaint is therefore without substance. The two short extensions were granted for compassionate reasons, and they were not tantamount either to acceptance of the appeal or to an offer of any further short-term appointment. Accordingly the complainant still has a cause of action and the Tribunal will hear his claims for relief."
Keywords:
cause of action; contract; extension of contract; fixed-term; internal appeal; non-renewal of contract; receivability of the complaint; short-term;
Considerations
Extract:
"The complainant was an honourable and useful official and committed no misconduct. Moreover, the non-renewal was a personal decision taken by the Director-General at his discretion. The same compassionate reasons which warranted retroactive extension of the appointment to 31 July [...] may therefore justify a further and final retroactive extension to 29 August [*] [...] Be that as it may, it is not a matter for the Tribunal to decide."
[*] date based on a medical certificate.
Keywords:
contract; discretion; extension of contract; fixed-term; judicial review; non-renewal of contract; sick leave;
Summary
Extract:
The Tribunal is limited in the extent to which it can assess the legality of a decision not to grant the renewal of a contract. The Tribunal finds none of the defects which it would have competence to redress. There was no abuse of authority, and no essential facts were overlooked; nor were clearly mistaken conclusions drawn from the evidence. The Tribunal noted that a further extension of the appointment for compassionate reasons could be justifiable, but the Tribunal did not take a stand on the matter.
Keywords:
contract; discretion; extension of contract; fixed-term; judicial review; non-renewal of contract;
Judgment 493
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The organisation's argument is that the time limit for filing the complaint started on [the date] the complainant's contract was extended [...]. The argument would succeed only if the later decisions [...] had merely confirmed the [extension] decision. But they did not. The extension of the contract [on the mentioned date] for three months did not necessarily mean that there would be no further extension."
Keywords:
complaint; contract; date; date of notification; decision; extension of contract; receivability of the complaint; start of time limit;
Judgment 487
48th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal finds wilful harassment neither in the refusal to extend the period of sick leave nor - on account of the considerations relied on by the administration - in the summons [...] to the complainant [...] to see the [organization's] medical officer on the same day, nor in the refusal to hold an independent medical examination - a procedure for which there is no provision in the Staff Regulations and Staff Rules. On the contrary, the organization acted in the normal exercise of its authority."
Keywords:
expert inquiry; extension of contract; medical examination; refusal; sick leave;
Judgment 469
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Expiry of contract on 30 November. The complainant was informed of the abolition of her post with effect from 1 February and the extension of her contract until 31 January. "The fixed term of the complainant's contract being for a year, when the last date [one month before the end of the contract, the time limit stipulated by the Regulations] passed without notification of non-renewal, the effect was to extend the appointment until 30 November [of the following year]. The notice to extend until 31 January [of that same year], which was never accepted by the complainant, was therefore ineffective, and her appointment was terminated prematurely by the abolition of her post."
Reference(s)
Organization rules reference: ARTICLE 1050.4 OF THE PAHO STAFF RULES
Keywords:
abolition of post; complainant; contract; extension of contract; fixed-term; non-renewal of contract; notice; refusal;
Consideration 5
Extract:
If an advance notice was necessary it was given out of time and thus the appointment was not terminated. If it was not necessary, the appointment terminated automatically. "Presumably, it must be the view of the organization that the failure to give notice in time does prevent the automatic termination, but preserves the right of the organization to give a month's notice at any time thereafter, irrespective of whether the circumstances are normal or abnormal. The Tribunal cannot adopt this construction of the rule."
Keywords:
consequence; contract; date; extension of contract; fixed-term; non-renewal of contract; notice; organisation's duties;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant was appointed on 25 June for two years; the first 12 months were probationary. On 20 June of the following year he was informed that his appointment would be terminated on 24 July. The complainant contends that there was no reason to extend the probation period just in order to respect the requirement of one month's notice. The plea fails: the measure in question was not in breach of any provision of the Staff Rules and it was to the complainant's advantage, who in any case was not bound to accept it.
Keywords:
extension of contract; notice; period; probationary period; termination of employment;
Judgment 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
"It is true that an official may have a good reason for waiving his rights. But the Tribunal will not consider such waiver to be established unless it may be clearly inferred from all the circumstances of the case. It may not be inferred merely from statements which the official may have made on one particular day: it must be evident from his general attitude over a longer period of time." The complainant's signature (on an extension of contract) cannot be interpreted in the present case as a waiver which precludes his claiming relief from the Tribunal.
Keywords:
condition; contract; extension of contract; fixed-term; non-renewal of contract; right of appeal; waiver of right of appeal;
Consideration 4
Extract:
The complainant relies on a practice whereby inspectors who have given satisfactory service for two years would normally have their appointments renewed for five-year periods. "That is only a general practice [...] not a binding rule. In other words, it neither laid any obligation on the Director-General in this case nor conferred any right on the complainant."
Keywords:
amendment to the rules; binding character; contract; duration of appointment; extension of contract; five-year review; fixed-term; practice;
Judgment 363
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"'May' makes it clear that the official whose duty it is to give or with hold approval is to apply his own judgement to the questions. [...] But the use of the word 'may' is quite inadequate to confer on the official a large and unbounded discretion so that, even where the conditions were manifestly fulfilled, he could for any other reason that appealed to him or for no reason given with hold the allowance." [At issue is a provision permitting the extension of installation-allowance payments.]
Keywords:
condition; discretion; extension of contract; installation allowance; limits; period;
Judgment 359
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's claims for damages are excessive. Since he had been informed that an extension of his contract gave him one "last chance", "he must have known that his position in [the organization] was precarious. The extensions of his appointment [...] were so short that he should have realised that he stood to lose his employment in a few months' time and that it would therefore be reasonable to look for employment outside [the organization]."
Keywords:
amount; contract; extension of contract; fixed-term; material damages; non-renewal of contract; successive contracts;
Judgment 351
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was informed on 28 June that her appointment, which was to expire on 30 September, would not be extended. On 30 June she applied for prenatal and postnatal leave, expecting her confinement on 22 October. The Director saw no objection to extending her appointment to the date of expiry of her maternity leave. The complainant was prematurely confined on 9 August. As a consequence of this new fact the organization granted her postnatal leave of 12 weeks and extended her appointment to 31 October. The complainant suffered no prejudice; the organization not only committed no impropriety but correctly applied the relevant provisions of the Staff Rules.
Keywords:
contract; enforcement; extension of contract; fixed-term; maternity leave; non-renewal of contract; staff regulations and rules;
Judgment 337
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
By the extension of his contract, "the complainant was actually given five months' notice and there is nothing in [the Regulations] which required the administration to tell him the reasons for not renewing his appointment, provided the reasons were not tainted with any of the flaws which enable the Tribunal to interfere".
Keywords:
contract; discretion; duty to substantiate decision; extension of contract; fixed-term; non-renewal of contract; notice;
Judgment 327
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Up to a certain date, the complainant was employed as a contractual employee. She then became an official subject to the Staff Regulations. The second appointment was not simply an extension of the first, but must be considered "a quite separate, fixed-term appointment. In other words, she was not dismissed: her appointment was not extended."
Keywords:
amendment to the rules; contract; effect; extension of contract; status of complainant;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
[T]he refusal of the complainant's request to extend his contract "deprives him of his pension entitlements. It therefore has substantial effects on the financial interests of a staff member whose services were consistently regarded by [the organisation] as satisfactory."
Keywords:
consequence; contract; extension of contract; fixed-term; non-renewal of contract; organisation's duties; participation; pension; refusal; unjspf;
Consideration 3
Extract:
The director of personnel had informed the complainant that fixed-term contracts "[...]'can be followed by [further] fixed-term contracts depending upon the needs of the [organisation's] programme and work performances of the staff member concerned'. The complainant could not infer from that statement [...] any right to continue in the [organisation's] service until completion of the programme to which he had been assigned and for as long as his work performance was satisfactory. On the contrary, by using the word 'can' the [organisation] reserved the right to terminate his appointment even if the stipulated conditions were fulfilled."
Keywords:
condition; contract; extension of contract; fixed-term; non-renewal of contract; organisation's duties;
Judgment 230
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"When the complainant was reappointed [...] the officials of the organization did not realise that they were depriving him of the chance of becoming a full participant in the Joint Staff Pension Fund. In all likelihood, had they realised the consequences of their decision, they would have extended the period of the contract [...] without regard to the date of expiry of the project and so enabled the complainant to become a full participant."
Keywords:
contract; contributory service; extension of contract; fixed-term; forfeiture of benefit; negligence; non-renewal of contract; participation; unjspf;
Judgment 221
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant accepted the renewal of his contract, while reserving the right to appeal in connection with the circumstances of an earlier non-renewal. This reservation means either that while accepting the renewal, he is appealing against the non-renewal, which is a self-contradiction, or that while accepting the renewal, he still wishes to complain about an earlier non-renewal; that "would involve an investigation into the history of a decision which is not impugned and which, being superseded, is not impugnable. The Tribunal cannot give effect to a reservation in such terms."
Keywords:
contract; extension of contract; fixed-term; non-renewal of contract; receivability of the complaint;
Judgment 215
31st Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"There is not, nor is there alleged to be, any term of the complainant's appointment nor any provision in any Staff Regulation which requires the organization either to grant or to extend secondments to another international organization. Accordingly, the Tribunal is not competent to examine this complaint or to consider whether or not the reason given by the organization for its refusal was well-founded."
Keywords:
competence of tribunal; extension of contract; no provision; non-renewal of contract; secondment; terms of appointment;
Judgment 169
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The period of probation "must be understood to mean not only the trial period prescribed by the contract of appointment but also any period by which the probation is expressly or tacitly extended".
Keywords:
extension of contract; period; probationary period;
Consideration 2
Extract:
"Informed of the uncertainty of his position, [the complainant] could not reasonably interpret the absence of a decision before the normal termination of the probation period to mean that the organization [...] implicitly agreed to keep him in its employment. On the contrary, he must have known that the Director-General would await the results of the investigation which had been ordered before reaching a decision, that is, that the probation period was tacitly extended for as long as a formal decision still remained to be taken."
Keywords:
extension of contract; inquiry; investigation; probationary period;
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