Fixed-term (317, 318,-666)
You searched for:
Keywords: Fixed-term
Total judgments found: 292
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Judgment 33
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Under the applicable provisions, the complainant's fixed-term appointment expired on the set date without notice or indemnity; the separation from service resulting from the expiration of a fixed-term appointment did not constitute a termination within the meaning of the Staff Regulations; "therefore there is no recourse against the complainant's separation from service [on the set date]".
Keywords:
contract; fixed-term; non-renewal of contract; notice;
Considerations
Extract:
The complainant, recruited on a temporary basis, was transferred to a post which was subsequently to be filled by competition. The granting of an indeterminate appointment was made dependent upon his success in the competition "complainant has failed to prove any irregularity of procedure in connection with this competition [...]. While [the Regulations] entitled him to a priority as far as the consideration of his candidature is concerned, the appointment to the vacant post of another official in the same situation as himself and entitled to the same priority did not deprive complainant of that right."
Keywords:
competition; contract; fixed-term; internal candidate; permanent appointment; post held by the complainant; priority; right;
Judgment 32
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
Vide Judgment 33, paragraph 5.
Reference(s)
ILOAT Judgment(s): 33
Keywords:
contract; fixed-term; non-renewal of contract; notice;
Considerations
Extract:
The irregularities indicated "resulted in depriving complainant of the opportunity of effectively discussing the appreciations made by his superiors, a fact aggravated by reason of the irregularities by which the procedure of the [Advisory] Committee was tainted, resulting in complainant being unable to avail himself of a procedure under which he might have been able to emphasise the qualities he claimed with a view to possibly obtaining an indeterminate appointment [...]. In this manner, the complainant was deprived of the possibility of having the decision taken modified, a possibility available to him under the Staff Regulations and Rules."
Keywords:
advisory body; consultation; contract; due process; fixed-term; flaw; non-renewal of contract; permanent appointment; procedural flaw; refusal; right to reply; work appraisal;
Judgment 27
6th Session, 1957
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The only fault which can be attributed to the organisation is that it did not establish [...] clearly and precisely [the responsibility of the complainant in certain incidents] but left open to grave doubt the reasons which motivated the failure to re-engage the complainant [...]. The complainant should therefore be awarded an indemnity in compensation for the moral prejudice resulting from the equivocal explanation given of the failure to re-engage her, for which prejudice the award of a sum of US $1,000 will give her full relief."
Keywords:
amount; contract; fixed-term; grounds; injury; material damages; moral injury; non-renewal of contract; professional injury;
Judgment 25
6th Session, 1957
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
"The Director-General [...] enjoys discretionary powers in respect of the transfer of staff members to posts other than those to which they are initially assigned [...]. A refusal to accept a transfer may raise obstacles to the extension of an engagement beyond its original date of termination."
Keywords:
contract; discretion; fixed-term; non-renewal of contract; refusal; transfer;
Consideration (A)
Extract:
"The offer of a new appointment, coupled with a transfer, exempts the organization from having to give advance notice of the expiration of the current appointment."
Keywords:
contract; fixed-term; non-renewal of contract; notice; organisation's duties; transfer;
Consideration (A)
Extract:
"An offer was made to the complainant to extend his appointment and to transfer him [to the field]. The complainant made his acceptance of this offer subject to conditions the Director-General felt unable to accept. [The] non-renewal of the complainant's appointment did not violate [...] any of the relevant provisions of the Staff Regulations and Staff Rules."
Keywords:
contract; field; fixed-term; non-renewal of contract; refusal; transfer;
Judgment 24
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 23
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 22
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
The complainant was dismissed because of doubts concerning her integrity. "The fact that in this case the doubts raised as to the loyalty to her own government brought by a government which enjoys in all respects the highest prestige, must be without any influence upon the consideration of the facts in the case and the determination of the principles whose respect the Tribunal must ensure."
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 21
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Consideration on the substance (E)
Extract:
A circular provides for renewal if, in particular, the services of the person concerned are needed. "This expression cannot mean that the person concerned must be irreplaceable, in that no successor can be found; [...] it means only that the requirements of the service [...] must be permanent and that the said person must give full satisfaction therein and otherwise in all manner in the performance of his duties".
Keywords:
contract; fixed-term; interpretation; non-renewal of contract; organisation's interest; work appraisal;
Consideration on prejudice
Extract:
"An official who combines all the necessary qualities has a legitimate expectancy of being offered a new appointment in the position which he occupied [...]. Not only is such an almost absolute quod plerumque fit but also [...] in thus acting the administration has as its objective to create a permanent body of officials experienced in their duties, who are destined to follow a career in the organisation".
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
On the substance (A)
Extract:
"Any unmotivated decision would not be subject to the general legal review which is vested in the Tribunal, and would be liable to become arbitrary."
At issue is the non-renewal of a fixed-term contract.
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Judgment 19
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance (E)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Consideration on the substance (E)
Extract:
Vide Judgment 21, consideration on the substance, (e).
Reference(s)
ILOAT Judgment(s): 21
Keywords:
contract; fixed-term; interpretation; non-renewal of contract; organisation's interest; work appraisal;
Consideration (A)
Extract:
Vide Judgment 21, consideration (a).
Reference(s)
ILOAT Judgment(s): 21
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Consideration on prejudice
Extract:
Vide Judgment 21, consideration on prejudice.
Reference(s)
ILOAT Judgment(s): 21
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
Judgment 18
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
Vide Judgment 21, consideration (a).
Reference(s)
ILOAT Judgment(s): 21
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Consideration on the substance (E)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Consideration on prejudice
Extract:
Vide Judgment 21, consideration on prejudice.
Reference(s)
ILOAT Judgment(s): 21
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
Judgment 17
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance (A)
Extract:
Vide Judgment 21, consideration a.
Reference(s)
ILOAT Judgment(s): 21
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Consideration on prejudice
Extract:
Vide Judgment 21, consideration on prejudice.
Reference(s)
ILOAT Judgment(s): 21
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
On the substance (E)
Extract:
Vide Judgment 22, consideration l.
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 12
4th Session, 1954
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The judgement of the Director-General is final and [in the present case] is not subject in law to any rule which has not been observed [...]. In consequence, the Tribunal is not competent to judge the merits of the decision reached by the Director-General in the exercise of the powers conferred on him by the Staff Regulations."
Keywords:
competence of tribunal; contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 11
Extract:
The provision to which the complainant refers "states expressly that the Director-General may retain an official in service until he reaches the age of 65 years but [...] it grants the Director-General discretionary power to decide in which cases exception may be justified."
Keywords:
age limit; contract; discretion; exception; extension beyond retirement age; fixed-term; non-renewal of contract; retirement;
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