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Successive contracts (318,-666)
You searched for:
Keywords: Successive contracts
Total judgments found: 23
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Judgment 3159
114th Session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully challenges the decision to abolish his post.
Considerations 9, 19 and 20
Extract:
"The terms of Staff Rule 1050.2 are clear. They impose a duty on the Organization in specified circumstances. The duty is to use reasonable efforts to reassign a staff member whose post is being abolished. The specified circumstances are, as to a staff member on a fixed-term appointment, that the staff member has served “for a continuous and uninterrupted period of five years or more”. The expression “continuous and uninterrupted” fairly emphatically focuses attention on service of a particular character. There is no basis in the language of the Staff Rule to treat its operation as ambulatory in the sense that a person who has been on a fixed-term appointment but has not served in that capacity for a continuous and uninterrupted period of at least five years is nonetheless a person to whom the Organization, by operation of the Rule, is under a duty to make reasonable efforts to reassign. [...] However, a staff rule cast in terms of Staff Rule 1050.2 does not preclude the possibility that the Organization is under a duty requiring proactive conduct in circumstances not comprehended by the Rule itself. WHO does not put in issue that there is a general duty of loyalty, as the complainant contends. What might be required of an organisation in broadly similar circumstances was considered by the Tribunal in Judgment 2902. [...] The same reasoning can be applied in the present case. The complainant and WHO found it mutually acceptable, and with benefits accruing to both, for the complainant to be employed on a series of short-term appointments for much of the complainant’s employment. But the complainant nonetheless had worked, in a real and practical sense, for over a decade and a half in the service of the Organization. In those circumstances, WHO was obliged to explore with the complainant other employment options prior to his separation."
Reference(s)
Organization rules reference: Staff Rule 1050.2
ILOAT Judgment(s): 2902
Keywords:
abolition of post; contract; duration of appointment; enforcement; fixed-term; general principle; intention of parties; non-renewal of contract; organisation's duties; reassignment; short-term; staff regulations and rules; successive contracts;
Judgment 2915
109th Session, 2010
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It is correct that a vested right cannot be divested without the consent of the person to whom it belongs. However, it does not follow that a corresponding condition or obligation - in this case, the condition or obligation to retire at 60 - depends on continuing consent. A condition once accepted or an obligation once entered [...] endures unless and until it is performed or the person is released from it either absolutely or by substitution of a different and mutually agreed condition or obligation."
Keywords:
complainant; condition; effect; lack of consent; successive contracts; terms of appointment;
Judgment 2503
100th Session, 2006
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The evidence on file shows that the complainant was never an official of Eurocontrol, and the only contracts he has produced are temporary contracts signed with a temporary employment agency [which supplied him to the defendant] and governed by French law. According to Article II of its Statute, the Tribunal is competent to hear complaints alleging non-observance of the terms of appointment of officials or such provisions of the Staff Regulations as are applicable to their case. Since the complainant is not an official of Eurocontrol, and cannot produce any employment contract signed with the latter, it follows, as the Agency rightly contends, that the Tribunal does not have jurisdiction over this dispute."
Reference(s)
ILOAT reference: Article II of the Statute
Keywords:
competence of tribunal; complainant; contract; domestic law; iloat statute; locus standi; non official; official; receivability of the complaint; status of complainant; successive contracts;
Judgment 2362
97th Session, 2004
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"By virtue of successive short-term contracts and extensions thereof, [the complainant's] service lasted for four years. The series of extensions and the grant of pension coverage and other benefits did not signify a change in her original status. Staff Rule 3.5(a) [...] cannot be invoked by her as proof that her appointment had been converted to fixed-term. While this provision ostensibly bestows on her 'the terms and conditions of a fixed-term appointment', it would be stretching the intent and signification of the provision to make the complainant a fixed-term official (see Judgment 1666). Had that been the purpose of the Rule, it would have explicitly so provided instead of stating that 'the terms and conditions of a fixed-term appointment [...] shall apply to [the official concerned]'. The complainant was recruited as a short-term official and remained one at all times."
Reference(s)
Organization rules reference: Staff Rule 3.5(a) of the Rules Governing Conditions of Service of Short-Term Officials
ILOAT Judgment(s): 1666
Keywords:
amendment to the rules; commutation; contract; evidence; extension of contract; fixed-term; fringe benefits; fund membership; interpretation; official; period; provision; purpose; short-term; staff regulations and rules; status of complainant; successive contracts; terms of appointment; unjspf;
Judgment 2337
97th Session, 2004
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The case law cited [by the complainant] refers to the situation of a staff member who, failing any indication to the contrary, can rely on the continuation of his contractual relations (either not terminated or renewed), since according to the rules of good faith the Organization should warn the staff member if it considers his performance unsatisfactory in order to give him a chance to improve. The situation is different if an organisation [...] restricts the number of fixed term contracts a staff member may be given and lays down specific conditions for the award of an indefinite contract. In this case, the staff member cannot sit back and wait for his contract to be turned into an indefinite contract, since he will be expected to meet stricter requirements. Of course, the Organization is not on that account relieved of its duty of care towards the staff member, and, in accordance with the rules of good faith, it must warn him either if it is convinced that he is simply incapable of performing the duties attached to an indefinite contract, or if it believes that, in order to perform them the staff member must improve the quality of his work still further. This is an obligation the Organization must fulfil particularly in the context of periodic performance appraisals."
Keywords:
case law; condition; contract; duty to inform; fixed-term; good faith; legitimate expectation; organisation's duties; performance report; permanent appointment; satisfactory service; successive contracts; unsatisfactory service; work appraisal;
Judgment 2263
95th Session, 2003
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The question to be resolved is that of whether, for the purposes of service order No. 99 [which defines the conditions and formalities governing the granting of a personal promotion], the period in excess of the 12-month maximum duration stipulated for short-term contracts should be taken into account in calculating the 18 years of continuous service. The answer is necessarily affirmative. [...] Once [the first 12-month period] had elapsed, the complainant must be considered to have been in service [...], even in the absence of a provision to that effect and taking into account the contracts he was granted thereafter. Regarding the [one month] break in service which occurred [subsequently], it is necessary to establish whether this prevented the complainant from completing the 18 years of continuous service [...] The Tribunal considers that it did not. The evidence on file, and particularly an affidavit produced by the complainant as an annex to his written submissions, shows that the break imposed on the complainant was justified only by the fact that he was employed under short-term contracts. since the Tribunal has determined that the complainant must be deemed to have been in service from 17 November 1982 onwards, the break in question must be viewed as a period of leave."
Reference(s)
Organization rules reference: SERVICE ORDER No. 99
Keywords:
continuance of operations; contract; duration of appointment; fixed-term; interpretation; leave; no provision; personal promotion; promotion; reckoning; seniority; short-term; successive contracts; unpaid leave; validation of service;
Judgment 2198
94th Session, 2003
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
The complainant worked, from 1993 to 2000, under a series of short-term contracts of varying durations. "It was clearly within the discretionary authority of the Director-General to decide whether to renew the complainant's short-term contract or offer him a fixed-term contract. The complainant cannot now claim to be treated retroactively as if he had a fixed-term contract; he was at all times a short-term staff member (see, for example, Judgment 2107, under 10). [...] Precedent has it that, at the discretion of the executive head, a temporary appointment may be extended or converted to a fixed-term appointment, but it does not carry any expectation of, nor imply any right to, such extension or conversion and shall, unless extended or converted, expire according to its terms, without notice or indemnity (see, in particular, Judgment 1560, under 4)."
Reference(s)
ILOAT Judgment(s): 1560, 2107
Keywords:
contract; discretion; duration of appointment; executive head; fixed-term; non-renewal of contract; non-retroactivity; notice; right; short-term; successive contracts; terminal entitlements;
Consideration 15
Extract:
The complainant worked, from 1993 to 2000, under a series of short-term contracts of varying durations. The complainant submits that there has been unjust enrichment on the part of the organization: it profited materially from appointing him on a short-term basis because he was doing the work of a fixed-term staff member. "The existence and validity of the contracts of employment are a complete bar to this plea. The doctrine of unjust enrichment finds its origins in the law of quasi-contract. As was said in Judgment 2097, under 20, 'the existence of a valid contract between the parties, covering the very matters which are the subject of the claim, excludes any claim of unjust enrichment'."
Reference(s)
ILOAT Judgment(s): 2097
Keywords:
acceptance; contract; duration of appointment; fixed-term; intention of parties; law of contract; offer; right; short-term; successive contracts; unjust enrichment;
Consideration 16
Extract:
The complainant worked, from 1993 to 2000, under a series of short-term contracts of varying durations. "[A]ppointments extended by the organization to prospective employees and accepted by the latter freely, are policy matters over which the Tribunal will not interfere."
Keywords:
acceptance; contract; discretion; duration of appointment; intention of parties; judicial review; offer; short-term; successive contracts;
Judgment 1886
87th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9(2)
Extract:
"The fact of accepting the offer of a new contract of indefinite duration cannot deprive the complainant of the rights he acquired whilst he was in the service of the [organisation] under successive fixed-term contracts."
Keywords:
acquired right; continuance of operations; contract; fixed-term; offer; permanent appointment; successive contracts;
Judgment 1807
86th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The organisation submits that the contract signed by the complainant was a new contract, not an extension of the old one, since his status had shifted from "paid associate" to "international staff member". So he was not entitled to the protection of acquired rights bestowed by an internal memorandum. According to the Tribunal, "the contract which [the complainant] was offered [...] and which he signed [in October 1995] was not his first fixed-term contract, since he had begun at the [organisation] in 1991 under a fixed-term one that it had renewed more than once. nor was it a new, indefinite contract, since [...] his last contract was a fixed-term one for three years. Under his earlier contracts he was a staff member".
Keywords:
acquired right; contract; extension of contract; fixed-term; official; permanent appointment; successive contracts;
Judgment 1560
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant had a temporary appointment. The Staff Regulations and Rules distinguish such an appointment both from a permanent and a fixed-term one and from a traineeship and supernumerary employment. It differs in particular from a fixed-term appointment in that it is expected from the outset to be a fairly short stint, with no more than a few brief extensions, whereas the fixed-term appointment is commonly extended and may even afford the basis of a career in the Organization".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 104.8
ILOAT Judgment(s): 444, 1116
Keywords:
career; contract; definition; difference; duration of appointment; fixed-term; short-term; staff regulations and rules; successive contracts;
Judgment 1385
78th Session, 1995
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
The complainant had his short-term appointment extended after a break during which he had an external collaboration contract. Under Rule 3.5 of the short-term rules whenever the appointment of a short-term official is extended by a period of less than one year so that the total continuous contractual service amounts to one year or more, the terms and conditions of a fixed-term appointment - with certain exceptions - apply. "The interruption of the complainant's appointment by the external collaboration contract was merely a device to deny him the protection of Rule 3.5 without forfeiting the benefit of his services. There being no change in the actual conditions of employment, the real intention was that he should continue to do the same work as before. [...] The external collaboration contract must be treated like any other of his short-term contracts that ensured continuity of service. So his 'total continuous contractual service' [exceeded one year] and he thus became entitled [...] to 'the terms and conditions of a fixed-term appointment'."
Reference(s)
Organization rules reference: ILO SHORT-TERM RULE 3.5
Keywords:
contract; duration of appointment; enforcement; extension of contract; external collaborator; fixed-term; intention of parties; interpretation; non-renewal of contract; short-term; staff regulations and rules; successive contracts;
Judgment 1116
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant, whose post was abolished, alleges that the organization committed a mistake of law by keeping him in its employ under a long string of short-term appointments. He relies on what he says was UNESCO's established practice of extending fixed-term appointments for never less than one year. The Tribunal observes that there is no rule binding the organization to a minimum or maximum period of extension and that the complainant does not offer a shred of evidence of the practice he says it followed.
Keywords:
burden of proof; contract; duration of appointment; evidence; extension of contract; fixed-term; non-renewal of contract; organisation's duties; practice; short-term; successive contracts;
Considerations 6-7, Summary
Extract:
The complainant argues that his post was not abolished for reasons of financial stringency. What he alleges prompted his dismissal was a desire to get rid of him, and that led to abuse of authority. He cites as evidence of this UNESCO's extension of his appointments over a five-year span for only very short periods. The Tribunal finds no evidence of liability on UNESCO's part: the organization did its utmost to seek other employment for him.
Keywords:
abolition of post; abuse of power; budgetary reasons; lack of evidence; misuse of authority; reassignment; successive contracts; termination of employment;
Judgment 891
64th Session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"In the absence of a definition in the Rules the post, though it began as a post of limited duration, became one of indefinite duration when prolonged after the period for which it had been created."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF WHO STAFF RULES
Keywords:
consequence; contract; definition; duration of appointment; extension of contract; fixed-term; no provision; permanent appointment; post; successive contracts;
Judgment 702
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"From all the evidence in the dossier the Tribunal concludes that the work done for the PAHO by the complainant over more than eleven years was a continuous whole and that its division into contractual periods as a short-term consultant was fictitious. The mutual intention, formed, if not at the beginning, then at the latest by 1976, was that the complainant should be employed for as long as his services were required and he was willing to give them."
Keywords:
external collaborator; intention of parties; interpretation; short-term; successive contracts; tribunal;
Judgment 701
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
See Judgment 702, consideration 9.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
external collaborator; intention of parties; interpretation; short-term; successive contracts; tribunal;
Judgment 688
57th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant has been employed under fixed-term contracts since 1976. He claims to be entitled to an appointment of indeterminate duration by virtue of national legislation. The Tribunal will not rule on the applicability of national legislation. It limits itself to noting that if national legislation is applicable, the Tribunal has no power of review and if it is not applicable, the Tribunal must examine the alleged breaches of Staff Regulations by the organisation; it finds no evidence of a breach.
Keywords:
competence of tribunal; contract; domestic law; fixed-term; permanent appointment; right; successive contracts;
Judgment 505
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The complainant contends that her short-term appointments were tainted with irregularity on the grounds that her duties were of a lasting nature. The [organization] argues convincingly, however, that the duties attributed to the complainant [...] were of a kind normally performed by temporary staff. [...] The Appeals Committee was therefore right in rejecting the arguments she bases on the duration of her appointments. the tribunal need not consider the [organization's] contention that it enjoys complete discretion in giving short-term appointments to general service category staff."
Keywords:
contract; duration of appointment; flaw; post; short-term; successive contracts;
Judgment 445
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was first employed under various contracts with the organization before becoming an official. His several periods of service were made pensionable with the exception of a few months spent working as a consultant. In accordance with the Staff Rules, consultants who are appointed for periods not greater than eleven months are barred from participating in the Pension Fund. Up to 1972, periods of consultancy service could not be validated for Pension Fund purposes. The complainant's services as a consultant may not be counted as pensionable.
Keywords:
contract; external collaborator; pension; successive contracts; titularization; validation of service;
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 321
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's contract, a fixed-term appointment, expired. "The very fact that the Director-General gave him several short extensions of appointment shows that the organization did indeed try to keep him on the staff by granting him an appointment of longer duration. Although he applied unsuccessfully for many vacancies, it was for the Director-General alone, since he is responsible for the efficient running of the organization, to decide whether to offer the complainant any of those vacancies. Besides, because of his grade [D.1] few posts could be offered to him."
Keywords:
contract; discretion; fixed-term; non-renewal of contract; organisation's duties; short-term; successive contracts;
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