Extension of contract (309,-666)
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Keywords: Extension of contract
Total judgments found: 107
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Judgment 4704
136th Session, 2023
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the determination made on his Clearance Certificate, upon his separation from service, that there was no medical reason to believe that he was incapacitated due to illness constituting an impairment to health likely to be permanent or of a long duration, as well as the decision to separate him from IAEA while on sick leave.
Considerations 9-10
Extract:
Judgments 938 and 607, on which the complainant relies, did not establish a general principle that a staff member may not be separated while on sick leave. The question of whether an organisation is under an obligation to extend a fixed-term contract to cover a period of sick leave must be determined by having regard to the organisation’s rules, including any established practice which is binding on the organisation. This position is consistently stated in the Tribunal’s case law, most recently in Judgment 3754, consideration 14:
“Early judgments of the Tribunal, such as Judgment 938 relied on by the complainant, may have been thought to establish a principle of general application that an official’s employment could not be terminated while the official was on sick leave. However it is clear that no such principle of general application has been established by the Tribunal’s case law. This issue was discussed by the Tribunal in Judgment 3175, consideration 14.”
As there was neither a provision in the IAEA’s Staff Regulations and Staff Rules, nor an established practice, or a principle of general application, requiring the IAEA to extend a staff member’s contract because she or he is on sick leave at the expiry of the contract, the IAEA was not obliged to extend the complainant’s contract to cover his sick leave.
Reference(s)
ILOAT Judgment(s): 607, 938, 3175, 3754
Keywords:
extension of contract; sick leave;
Judgment 4701
136th Session, 2023
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to defer the review of his contract’s extension.
Judgment keywords
Keywords:
complaint dismissed; extension of contract;
Judgment 4678
136th Session, 2023
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decisions not to extend his fixed-term contract due to unsatisfactory performance and to withhold his within-grade salary increment.
Consideration 11
Extract:
Contrary to the complainant’s argument, good faith does not require an organization to extend the appointment of an underperforming staff member merely because the staff member has applied for a disability benefit.
Keywords:
extension of contract; good faith; invalidity;
Judgment 4596
135th Session, 2023
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to pay him a termination indemnity upon the expiry of his fixed-term appointment.
Consideration 9
Extract:
Regarding the duration of a fixed-term appointment extension, contrary to the complainant’s assertion, the plain meaning of Staff Rule 302.4.102 does not create a general rule that an extension of a fixed-term appointment shall be no less than one year. Rather, by clarifying the meaning of a similar provision in ILO Staff Regulations 4.6(d) that “[a]ppointments for a fixed term shall be of not less than one year and of not more than five years”, the Tribunal has, in Judgment 3448, consideration 5, established that “[t]his provision contains nothing that entitles the complainant to a twelve-month contract extension. Neither is there any statement in the Tribunal’s case law that there is a right or entitlement to an extension of this character.” The Tribunal’s case law also states that an organisation enjoys wide discretion in deciding whether or not to renew a fixed-term appointment (see, for example, Judgment 4231, consideration 3). The decision not to extend the complainant’s appointment after 31 August following restructuring and abolition of post shall be respected. The complainant’s allegation that the FAO violated applicable rules regarding the extension is therefore unfounded.
Reference(s)
ILOAT Judgment(s): 3448, 4231
Keywords:
extension of contract; fixed-term;
Judgment 4544
134th Session, 2022
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the setting aside of the decision to extend her appointment by only six months, from 4 September 2016 to 3 March 2017.
Judgment keywords
Keywords:
complaint dismissed; extension of contract;
Judgment 4539
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate him from service on 31 October 2018, being the date on which he reached his retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4538
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate her from service on 30 September 2018, being the date on which she reached her retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4537
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate her from service on 31 July 2018, being the date on which she reached her retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4535
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate him from service on 31 October 2018, being the date on which he reached his retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4534
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former staff member of UNAIDS, challenges the decision to separate him from service on 31 October 2018, being the date on which he reached his retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4533
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate her from service on 31 December 2018, being the date on which she reached her retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of her appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4531
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate her from service on 31 August 2018, being the date on which she reached her retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of her appointment beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; retirement age; un common system;
Judgment 4530
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the effective date of termination of his appointment, which had previously been deferred on a number of occasions due to his sick leave.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; sick leave; termination of employment;
Judgment 4513
134th Session, 2022
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to convert his appointment as a graduate when it expired and to terminate it.
Judgment keywords
Keywords:
complaint allowed; extension of contract; probationary period;
Judgment 4506
134th Session, 2022
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the length of the extension of appointment that was offered to him.
Judgment keywords
Keywords:
complaint allowed; extension of contract; senior official;
Judgment 4068
127th Session, 2019
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend his appointment beyond the seven-year tenure.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; non-renewal of contract;
Judgment 4067
127th Session, 2019
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend his contract.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; non-renewal of contract;
Judgment 3996
126th Session, 2018
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to investigate her claim of harassment, the decision to permanently transfer her and the decision to offer her an extension of appointment in her new position.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; harassment; transfer;
Judgment 3960
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision in which the Administrative Council decided to further maintain his suspension while reducing his salary by half until a final decision had been made in his case.
Judgment keywords
Keywords:
complaint allowed; decision quashed; extension of contract; reinstatement; suspension;
Judgment 3728
123rd Session, 2017
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the abolition of her post and the non-renewal of her fixed-term contract.
Consideration 5
Extract:
The complainant appears to argue that the fact that she was informed on 31 May 2013 that her appointment was to be extended by a further three months also contravened Staff Rule 104.5. However that provision is cast in terms of what “normally” should occur by way of notification of an extension and thus accommodates exceptions. There was no contravention of this provision when the complainant was informed at the expiry of her appointment that it would be extended for a further three months. That extension was plainly intended to benefit the complainant (see, for example, Judgment 3582, consideration 12).
Reference(s)
ILOAT Judgment(s): 3582
Keywords:
extension of contract;
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