Fixed-term (317, 318,-666)
You searched for:
Keywords: Fixed-term
Total judgments found: 292
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Judgment 3837
124th Session, 2017
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend her fixed-term appointment.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; internal remedies exhausted; late appeal; non-renewal of contract; time limit;
Judgment 3746
123rd Session, 2017
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew his fixed-term appointment.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; non-renewal of contract;
Judgment 3703
122nd Session, 2016
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the extension by one month and the subsequent non-renewal of his fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; non-renewal of contract;
Judgment 3626
121st Session, 2016
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former staff member of the ILO, contests the decision not to renew his fixed-term contract upon its expiry.
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; non-renewal of contract;
Judgment 3619
121st Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the rejection of her internal appeal against the decisions not to convert her fixed-term contract into a permanent contract and not to select her for a vacant permanent post.
Judgment keywords
Keywords:
competition; complaint allowed; conversion of contract; decision quashed; fixed-term; permanent appointment;
Judgment 3616
121st Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term contract and the refusal to grant her a termination indemnity.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; fixed-term; non-renewal of contract; terminal entitlements;
Judgment 3613
121st Session, 2016
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his employment for alleged unsatisfactory performance, the Global Fund’s refusal to retract a News Release published on the date of the termination of his employment, and the decision to maintain the News Release on the Fund’s website and its refusal to award compensation for excessive publication, defamation and continued breach of privacy.
Consideration 27
Extract:
It is well settled in the Tribunal’s case law that a staff member whose performance is not considered satisfactory is entitled to be
informed in a timely manner as to the unsatisfactory aspects of her or his performance so that steps may be taken to remedy the deficiencies. The staff member is also entitled to have objectives set in advance so that she or he will know the basis upon which future performance will be based and that their appointment is in jeopardy if there is no improvement. As well, an organization may not terminate a staff member for unsatisfactory performance unless it has complied with its own rules to evaluate that performance. As stated in Judgment 2414, under 23, “[t]hese are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity”.
Reference(s)
ILOAT Judgment(s): 2414
Keywords:
fixed-term; non-renewal of contract; performance report; unsatisfactory service; work appraisal;
Judgment 3596
121st Session, 2016
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his fixed-term appointment and to place him on special leave with pay until his contract expired.
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; non-renewal of contract; special leave;
Judgment 3586
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend his fixed-term appointment.
Judgment keywords
Keywords:
complaint allowed; decision quashed; due process; duty of care; equity; fixed-term; non-renewal of contract;
Consideration 6
Extract:
[T]he Tribunal’s scope of review in a case such as this is limited. Firm and consistent precedent has it that an organization enjoys wide discretion in deciding whether or not to extend a fixed-term appointment. The exercise of such discretion is subject to limited review because the Tribunal respects an organization’s freedom to determine its own requirements and the career prospects of staff (see, for example, Judgment 1349, under 11).
The Tribunal will not substitute its own assessment for that of the organization. A decision in the exercise of this discretion may only be quashed or set aside for unlawfulness or illegality in the sense that it was taken in breach of a rule of form or procedure; or if it is based on an error of fact or of law, if some essential fact was overlooked; or if there was an abuse or misuse of authority; or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgments 3299, under 6, 2861, under 83, and 2850, under 6).These grounds of review are applicable notwithstanding that the Tribunal has consistently stated, in Judgment 3444, under 3, for example, that an employee who is in the service of an international organization on a fixed-term contract does not have a right to the renewal of the contract when it expires and the complainant’s terms of appointment contained a similar provision.
Reference(s)
ILOAT Judgment(s): 1349, 2861, 3299
Keywords:
fixed-term; legitimate expectation;
Judgment 3582
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term appointment following the abolition of her position.
Judgment keywords
Keywords:
abolition of post; complaint allowed; fixed-term; non-renewal of contract;
Judgment 3576
121st Session, 2016
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of his fixed-term contract due to budgetary constraints.
Judgment keywords
Keywords:
budgetary reasons; complaint dismissed; fixed-term; non-renewal of contract;
Judgment 3448
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint because the non-renewal of a fixed-term contract is discretionary.
Consideration 8
Extract:
"The Tribunal’s case law requires an international organization to give reasonable notice of the non-renewal of a fixed-term appointment."
Keywords:
fixed-term; non-renewal of contract; notice;
Consideration 6
Extract:
"[A]s the Tribunal has stated in Judgment 2171, under 4, the non-renewal of a fixed-term contract is not the same thing as termination and does not give rise to any termination indemnity."
Reference(s)
ILOAT Judgment(s): 2171
Keywords:
fixed-term; non-renewal of contract; terminal entitlements;
Consideration 7
Extract:
"It is well established in the Tribunal’s case law that the non-renewal of a fixed-term contract is discretionary. Such a decision is subject to only limited review by the Tribunal, which respects the freedom of an international organization to determine its own staffing requirements and the career prospects of staff members. A person who is employed on a fixed-term contract does not have a right or a legitimate expectation to a contract extension. Accordingly, the Tribunal will not interfere with a decision not to extend such a contract unless the decision was made without authority, or in breach of a rule of procedure, or was based on a mistake of fact or of law, or overlooked some essential fact, or amounted to an abuse of authority."
Keywords:
discretion; fixed-term; judicial review; legitimate expectation; non-renewal of contract;
Judgment 3444
119th Session, 2015
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal accepted the complainant's argument that he had not been provided with clear and valid reasons for not renewing his contract.
Considerations 3 and 4
Extract:
"The Tribunal has consistently stated that an employee who is in the service of an international organization on a fixed-term contract does not have a right to the renewal of the contract when it expires. Staff Rule 104.4(a) states that a contract ends on the expiration date stated in the letter of appointment. The complainant’s contract would have expired on 31 December 2011, but for the two additional months’ notice to comply with its internal practice to satisfy Staff Regulation 9.2. He does not challenge the reasonableness of the notice which he received.
The Tribunal has further consistently stated that the decision whether to extend or renew a fixed-term appointment lies within the discretion of the organization. This discretion is subject to only limited review by the Tribunal. The Tribunal will not substitute its own assessment for that of the organization. A decision in the exercise of the discretion may only be quashed or set aside for unlawfulness or illegality in the sense that it was taken without authority, or in breach of a rule of form or procedure, or if it rested on an error of fact or of law, if some essential fact was overlooked, or if there was an abuse of authority, or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgments 3299, under 6, 2861, under 83, and 2850, under 6). Notwithstanding this, where the abolition of an office by virtue of re-organization of a department or unit is proffered as the reason for the non-renewal of a contract, this must be done on objective grounds and not as a pretext for removing undesirable staff as that would be considered an abuse of authority (see, for example, Judgments 1231, under 26, and 2830, under 6, recently confirmed in Judgment 3353, under 13-16). The decision must also be taken by the competent authority (see, for example, Judgment 1273, under 8). Moreover, the Tribunal has consistently stated that notwithstanding the discretionary nature of such a decision, it must be taken for a valid reason that is given to the staff member (see, for example, Judgment 1154, under 4)."
Reference(s)
ILOAT Judgment(s): 1154, 1231, 1273, 2830, 2850, 2861, 3299, 3353
Keywords:
fixed-term; non-renewal of contract;
Judgment 3443
119th Session, 2015
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully impugns the decision for the non-renewal of his contract.
Consideration 3
Extract:
"The person concerned by a decision not to renew a fixed-term contract upon its expiry is entitled to be given the reasons for that decision. However, the Tribunal grants organisations considerable discretionary authority in this area. It will set aside such a decision only if it is ultra vires, or shows a formal or procedural flaw or an error of fact or of law, or if a material fact has been overlooked, or if there has been abuse of authority, or if a plainly wrong conclusion has been drawn from the evidence. (See Judgments 230, under 1, 2916, under 3, and 2991, under 13.)"
Reference(s)
ILOAT Judgment(s): 230, 2916, 2991
Keywords:
fixed-term; non-renewal of contract;
Judgment 3441
119th Session, 2015
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that UNIDO breached its duty of care, good faith and mutual trust to the complainant.
Judgment keywords
Keywords:
complaint allowed; decision quashed; extension of contract; fixed-term; joinder; recovery of overpayment;
Judgment 3423
119th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the impugned implied decision was flawed.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; fixed-term; internal appeal; non-renewal of contract;
Judgment 3417
119th Session, 2015
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that IOM's failure to ensure compliance with its performance evaluation procedures warranted an award of moral damages to the complainant.
Judgment keywords
Keywords:
complaint allowed; fixed-term; non-renewal of contract;
Consideration 6
Extract:
"[W]hile there is an undoubted right of an organisation to decide not to renew a fixed-term contract, it does not follow that an organisation is, additionally, immune from any liability if it has failed to follow its own procedures designed to monitor, assess and evaluate staff performance and progress. The fundamental purpose of such procedures is to explicitly alert a staff member to identified deficiencies in her or his performance and thus give the staff member an opportunity to address those deficiencies and improve performance. The interaction of such procedures and decisions not to renew fixed-term contracts was discussed by the Tribunal in Judgment 2991, under 13 [...]."
Reference(s)
ILOAT Judgment(s): 2991
Keywords:
fixed-term; non-renewal of contract; performance report; work appraisal;
Judgment 3353
118th Session, 2014
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the non-renewal of their contracts following a restructuring process and obtain moral damages for the serious affront to their dignity and the failure to give reasonable notice.
Judgment keywords
Keywords:
complaint allowed; fixed-term; non-renewal of contract; staff reduction;
Consideration 35
Extract:
"Reinstatement of a person on a fixed-term contract can be ordered but only in exceptional cases (see Judgment 1317, under 38). The circumstances in these cases are not of an exceptional character. In addition and more fundamentally, the issue of reinstatement does not arise because the decision not to renew the contracts remains a valid decision."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
fixed-term; reinstatement;
Considerations 15-16
Extract:
"[T]he enquiry into the lawfulness of the non-renewal of the complainants’ employment extends further than these considerations. The Tribunal’s case law recognises other obligations on an international organisation where it does not renew a staff member’s fixed-term contract. According to the case law, substantively, a decision not to renew a fixed-term contract must be based on objective and valid grounds. There are also formal requirements. These, however, are to be assessed against the background of the consistent statements by the Tribunal that the decision not to renew a fixed-term contract is discretionary and can be reviewed only on limited grounds (see Judgments 2933, under 10, 2830, under 6, 1231, under 26, and 1154, under 4).
Accordingly, the Tribunal will not substitute its own assessment for that of the organisation. The Tribunal will only impeach such a decision if it is ultra vires: that is, if the decision is tainted by a legal or procedural irregularity; is based on incorrect facts; if essential facts have not been considered or wrong conclusions have been drawn from the facts, or if the decision is based on an error of fact or law or amounts to an abuse of authority (see, for example, Judgments 2850, under 6, 2861, under 83, and 3299, under 6)."
Reference(s)
ILOAT Judgment(s): 1154, 1231, 2830, 2850, 2861, 2933, 3299
Keywords:
fixed-term; non-renewal of contract;
Judgment 3348
118th Session, 2014
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the decision to summarily dismiss him for misconduct (fraud).
Consideration 21
Extract:
"[The complainant] is [...] entitled to an order reinstating him to the position he held prior to his dismissal and compensation for loss of income, though adjusted by any income he may have received in the intervening period. Even though there was a breach of trust by the complainant, it has not been proved by WMO that the breach involved fraud [...]. The conduct which constituted that breach was in the complainant undertaking duties which were not a part of the duties for which he was initially employed and which, on the evidence before the Tribunal, are not duties it is essential that he continues to perform [...]. While the complainant engaged in conduct which was entirely unacceptable, his dismissal occurred in circumstances where the process by which dismissal was adjudged the appropriate remedy was flawed and the Secretary-General failed to give an adequate explanation for the ultimate decision to affirm the dismissal in the face of the reasons of the JAB. [...] By ordering the complainant’s reinstatement, the Tribunal is not intending to preclude the imposition of an appropriate disciplinary measure on the complainant, as proposed by the JAB."
Keywords:
fixed-term; reinstatement;
Judgment 3290
116th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; delay; fixed-term; grade; organisation's duties; reassignment; respect for dignity; termination of employment;
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