Security of tenure (207,-666)

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Keywords: Security of tenure
Total judgments found: 7

• Judgment 2938

  
  109th Session, 2010
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The Tribunal has determined that a staff member on leave on personal grounds is ipso facto no longer performing the duties of his former post and that, although during this leave he continues to be an official, the rights arising from the performance of his duties - remuneration, promotion, guarantee of employment, etc. - are suspended until he is reinstated. In the interests of the service the Agency may therefore use the vacant post (see Judgment 416, under 2). At the end of leave on personal grounds the employer nonetheless has a duty to reinstate the official provided that the two cumulative conditions laid down by [...] Article 40 [of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre] are met: firstly, there must be a vacant post and, secondly, the staff member must be qualified for it (see Judgment 2034, under 11). This duty must be fulfilled promptly and with due regard for the dignity of the staff member concerned and the principle of good faith."

  Reference(s)

  Organization rules reference: Article 40 of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre
  ILOAT Judgment(s): 416, 2034
  

  Keywords:

  accumulation; assignment; compassionate leave; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by the complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; vacancy;
  

  
  
  

• Judgment 2751

  
  105th Session, 2008
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "The intention with which a statement is made is not necessarily determinative of the question whether a statement that is wholly irrelevant is also one that can serve no proper purpose." The complainant represented three colleagues whose complaints were considered by the Tribunal in Judgment 2514. In its replies the Organisation had stated that, by reason of the time he had spent providing legal assistance to staff members, the complainant's work as an examiner had been less satisfactory than it should have been. "That was defamatory. It was also inconsistent with the duty of the EPO to respect the complainant's dignity. In the context of the other comments that were within the limits of the privilege that attaches to proceedings before the Tribunal, it carried the threat of possible administrative consequences for the complainant's employment. Such a remark can serve no proper purpose. Accordingly, it was not privileged and the complainant is entitled to seek relief with respect to it."

  Reference(s)

  ILOAT Judgment(s): 2514
  

  Keywords:

  breach; compensation; consequence; counsel; iloat; intention of parties; organisation; organisation's duties; privileges and immunities; procedure before the tribunal; purpose; request by a party; respect for dignity; right; security of tenure; staff representative;
  

  
  
  

• Judgment 2690

  
  104th Session, 2008
  Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "The Tribunal cannot accept the complainant's argument regarding the legality of the Directive on the ground that the Preparatory Commission has established, almost from the very beginning of its existence, the non-career character of its functions. Its very nature of being a 'preparatory commission' for the Comprehensive Nuclear-Test-Ban Treaty Organization makes it obvious that the decision thus adopted was in perfect coherence with its own mandate, which is not of a permanent nature."

  Keywords:

  administrative instruction; contract; decision; exception; fixed-term; limits; non-local status; non-renewal of contract; organisation's interest; professional category; security of tenure; terms of appointment;
  

  
  
  

• Judgment 1526

  
  81st Session, 1996
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "Good faith must govern relations between administration and official [...]. It requires each party to a contract to let the other have beforehand any material information on points that may reasonably be seen as decisive. Whether a post is of limited or unlimited duration need not be a matter of indifference to the candidate since the duration may affect stability of employment. The Tribunal is not satisfied, however, and indeed doubts that the want of information influenced the complainant one way or the other."

  Keywords:

  acceptance; appointment; duration of appointment; duty to inform; offer; organisation's duties; post; security of tenure;
  

  
  
  

• Judgment 1419

  
  78th Session, 1995
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 30

  Extract:

  Since 1982 the ESO has aligned its salary policy with that of the European co-ordinated organisations. "The ESO might no doubt change the reference mark or the arrangements provided that it abided by the procedures and forms prescribed for the purpose in its own rules and regulations. But so long as the present arrangements hold good, its staff are entitled to the safeguards of objectivity and stability they afford. The ESO may not remove such safeguards because of prevailing circumstances or a mere wish to do so."

  Keywords:

  acquired right; organisation's duties; patere legem; rule of another organisation; security of tenure; staff member's interest; staff regulations and rules;
  

  
  
  

• Judgment 465

  
  47th Session, 1982
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The organisation's offer to convert the complainant's fixed-term contract into a contract without limit of time was not arbitrary. It was evidence of the organisation's view "that it need no longer reconsider at regular intervals whether or not to employ him" and evidence therefore of its confidence in him. "Had he accepted [the organisation's] offer it could have got rid of him only if he had committed a disciplinary offence. He would have enjoyed greater employment stability and yet would still have had the right to terminate the contract at any time. His obligations [...] would [...] have been no greater."

  Keywords:

  amendment to the rules; complainant; contract; fixed-term; offer; organisation; permanent appointment; refusal; security of tenure;
  

  
  
  

• Judgment 11

  
  3rd Session, 1953
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The Administrative Tribunal, by virtue of the very purpose for which it was created, should be considered as governed by general legal principles (instance de droit commun) with the necessary powers to guarantee the security of employment of all officials attached to the [...] Organisation".

  Keywords:

  competence of tribunal; official; security of tenure; tribunal;
  

  Consideration 6

  Extract:

  "[I]t is unthinkable that the International Labour Organisation, which was established to ensure the security of all wage-earners, does not desire to ensure the security of all its officials, and [...] the spirit in which the existing legislation should be interpreted is thus quite clear".

  Keywords:

  competence of tribunal; domestic law; interpretation; no provision; security of tenure;