Fixed-term (317, 318,-666)
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Keywords: Fixed-term
Total judgments found: 292
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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 2678
104th Session, 2008
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Although the impugned decision must be set aside, it does not follow, as claimed by the complainant, that he is entitled to material damages on the basis that his contract should have been renewed [...]. A fixed-term contract carries no right to renewal. Moreover, there is no basis for assuming that a proper evaluation and review of the complainant's performance [...] would have resulted in any extension of his contract. However, he lost a valuable opportunity to have the question of renewal considered on the basis of a proper review of his performance [...]. The loss of that opportunity warrants an award of material damages in the amount of 7,500 euros."
Keywords:
compensation; condition; contract; decision; extension of contract; fixed-term; injury; legitimate expectation; material damages;
Judgment 2660
103rd Session, 2007
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
In Judgment 2019 the Tribunal reiterated the grounds upon which it would intervene in a decision not to extend a fixed-term contract. It stated:
“22. Anyone who enters into a contract of employment for a fixed term must abide by its terms and is not entitled to automatic renewal or conversion to another type of appointment. The complainant accepted his appointment subject to whatever conditions were laid down in the letter of appointment and the provisions of the Staff Regulations and Rules.
23. A decision by an organization not to renew such a contract is within its power and authority. In a long line of cases the Tribunal has held that such a decision, being discretionary, ‘may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority’. […] Not one of these conditions is present in this case. […]”
In addition, the complainant claims that he had a legitimate expectation that his contract would be extended. In this regard he relies on Judgment 675, in which the Tribunal held that an international civil servant expects, when cutting himself off from his home country to make a career in the service, that normally his contract will be renewed. However, it must be observed that the Tribunal was simply stating that, because of the expectation of renewal, there must be a decision relating to renewal or non-renewal. At consideration 10, the Tribunal stated:
“[…] a contract of employment for a fixed term carries within it the expectation by the staff member of renewal and places upon the organisation the obligation to consider whether or not it is in the interests of the organisation that that expectation should be fulfilled and to make a decision accordingly.”
Reference(s)
ILOAT Judgment(s): 2019
Keywords:
fixed-term; legitimate expectation;
Judgment 2645
103rd Session, 2007
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; non-renewal of contract; sexual harassment;
Judgment 2468
99th Session, 2005
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant's appointment was terminated for unsatisfactory services. "The defendant is not wrong to point out that, except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff member's services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established. The Tribunal, which pays considerable attention to these issues in the case of complaints concerning dismissal at the end of a probationary period or the non-renewal of fixed-term contracts on the grounds of unsatisfactory performance, must be even more vigilant where an organisation terminates the appointment of a staff member holding a contract without limit of time, which in principle should secure him against any risk of job loss or insecurity. This applies particularly in the present case, since the staff member concerned by the termination for unsatisfactory services received on the whole satisfactory or even excellent appraisals over a period of 15 years."
Keywords:
complaint; condition; contract; different appraisals; fixed-term; grounds; judicial review; mistake of fact; non-renewal of contract; official; organisation; period; permanent appointment; probationary period; satisfactory service; termination of employment; unsatisfactory service; work appraisal;
Judgment 2456
99th Session, 2005
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant joined the Organisation in January 1998 under a fixed-term appointment. His contract, which was extended in 2003, was due to expire on 14 June 2004; it was not renewed due to the implementation of the seven-year tenure rule. He has produced before the Tribunal a document signed by the Director-General containing data about his performance, in which his date of entry on duty was incorrectly shown as 24 May 1997. He contends that the Director-General relied on that data in deciding not to renew his contract. "Since in the implementation of its policy the Organisation was said to be applying a 'first in, first out' rule, an error of over seven months in the calculation of any employee's length of service may be of critical importance. That is especially the case where such apparent error has the effect of indicating wrongly that the employee would at the time of his separation from the Organisation have served more than seven years. The Tribunal considers the alleged errors of fact to be material. [...] The non-renewal decision must be set aside and the Organisation shall be ordered to pay to the complainant the full balance of salary and benefits to which he would have been entitled if he had received a one-year extension of his contract to 14 June 2005. The complainant must account for any earnings from other employment during that period."
Keywords:
allowance; appointment; consequence; contract; date; decision; duration of appointment; enforcement; extension of contract; fixed-term; general principle; mistake of fact; non-renewal of contract; official; organisation's duties; period; reckoning; right; salary; staff member's duties; written rule;
Judgment 2414
98th Session, 2005
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"The fundamental considerations which lead to the conclusion that an organisation must comply with the rules which it has established also dictate the conclusion that it cannot base an adverse decision on a staff member's unsatisfactory performance if it has not complied with the rules established to evaluate that performance." That is true for salary increments as well as for decisions not to convert or renew a contract.
Keywords:
contract; decision; due process; fixed-term; grounds; increase; increment; non-renewal of contract; patere legem; permanent appointment; salary; unsatisfactory service; work appraisal;
Judgment 2406
98th Session, 2005
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"[T]he defendant is right to point out that the complainant held only fixed-term expert's contracts [and] that he had no right to renewal [...]. Nevertheless, the decision not to renew his contract should be based on valid reasons."
Keywords:
contract; decision; duty to substantiate decision; fixed-term; grounds; non-renewal of contract; organisation's duties; right;
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 2315
96th Session, 2004
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
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. In accordance with this directive, the complainant's contract was not renewed. "Although the embodiment of the seven year policy in [the] directive may properly be viewed as the prescribing of a term or condition upon which fixed-term contracts may be granted, it does not itself operate as the imposition of that term or condition. To be effective, a term or condition of the kind now in question must be incorporated in the contract, even if only by reference: a reference to the Staff Regulations and Rules is not sufficient because they do not incorporate the [...] directive in question. By implementing the seven year policy in the way that he purported to do in the present case, the Executive Secretary was attempting to enforce a term or condition that was not incorporated in the contract between the complainant and the Preparatory Commission."
Keywords:
appointment; career; complainant; condition; contract; effect; enforcement; exception; executive head; fixed-term; general principle; limits; non-local status; non-renewal of contract; official; organisation; professional category; staff regulations and rules; terms of appointment; written rule;
Judgment 2308
96th Session, 2004
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-18
Extract:
"The complainant seeks compensation in lost salary and benefits for the years during which she has been remunerated on the basis of short-term employment while performing work of indefinite duration equivalent to that of a fixed-term staff member. In other words, she claims a retroactive fixed-term status. There is no basis on which the complainant can claim to be treated retroactively as if she had a fixed-term contract. She was recruited as a short-term staff member without having to go through a competition process; she accepted several contract renewals. It was within the discretionary authority of the Director-General to decide during all those years whether to renew each short-term contract or offer her a fixed-term contract [...]. She accepted and signed all the short-term contracts. [...] If it is sought to have the Tribunal treat those short-term contracts as being null, it must be shown that they have violated some fundamental and overriding principle of law or that her apparent consent thereto was vitiated (see Judgment 2097, under 11). This, the complainant has failed to do."
Reference(s)
ILOAT Judgment(s): 2097
Keywords:
acceptance; appointment; burden of proof; contract; discretion; duration of appointment; fixed-term; injury; lack of consent; law of contract; offer; short-term; status of complainant;
Judgment 2306
96th Session, 2004
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10 and 15
Extract:
As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, in the case of wrongful termination, an employee is entitled to material damages consisting of salary and entitlements up to the date on which the contract would normally have expired. In this case "the Appeals Committee found that 'the [complainant's] dignity had been harmed by the administrative procedure leading to termination and that some redress for the material and moral injury he suffered [was] warranted' [...]. Notwithstanding that finding, the Committee only recommended payment of an amount equivalent to salary and allowances until the end of the complainant's fixed-term contract. As already explained, he was entitled to that amount for material damage. Thus, the effect of the recommendation of the Appeals Committee was to deny the complainant compensation for moral injury notwithstanding its finding that his dignity had been harmed. That was an error of law and, as the Director-General's decision was based on the recommendations of the Appeals Committee, it necessarily involves the same error of law."
Keywords:
abuse of power; allowance; amount; breach; compensation; consequence; contract; decision; effect; executive head; fixed-term; general principle; internal appeals body; material injury; misuse of authority; moral injury; official; procedure before the tribunal; recommendation; reconstruction of career; respect for dignity; right; salary; termination of employment;
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 2232
95th Session, 2003
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant, who had been the Organisation's Director-General, impugns the decision to terminate his appointment. "In accordance with the established case law of all international administrative tribunals, the Tribunal reaffirms that the independence of international civil servants is an essential guarantee, not only for the civil servants themselves, but also for the proper functioning of international organisations. In the case of heads of organisations, that independence is protected, inter alia, by the fact that they are appointed for a limited term of office. To concede that the authority in which the power of appointment is vested - in this case the Conference of the States parties of the Organisation - may terminate that appointment in its unfettered discretion, would constitute an unacceptable violation of the principles on which international organisations' activities are founded [...], by rendering officials vulnerable to pressures and to political change. The possibility that a measure of the kind taken against the complainant may, exceptionally, be justified in cases of grave misconduct cannot be excluded, but such a measure, being punitive in nature, could only be taken in full compliance with the principle of due process, following a procedure enabling the individual concerned to defend his or her case effectively before an independent and impartial body."
Keywords:
adversarial proceedings; appointment; breach; case law; condition; discretion; exception; executive body; executive head; fixed-term; general principle; hidden disciplinary measure; iloat; independence; internal appeals body; limits; member state; official; organisation; right to reply; safeguard; serious misconduct; termination of employment; tribunal;
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;
Judgment 2184
94th Session, 2003
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"It is the essence of secondment that the official concerned shall return to and resume his employment with the releasing organisation upon expiry of the agreed term. Since he was aware of such terms of employment, the complainant cannot be entitled to moral or compensatory damages."
Keywords:
allowance; fixed-term; general principle; moral injury; refusal; request by a party; secondment; staff member's duties; terms of appointment;
Judgment 2175
94th Session, 2003
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11(c)
Extract:
"The complainant states that the Director-General based the decision not to renew his contract on the false assumption that he was using [his] project for self-enrichment purposes. If that were true, however, it would be grounds for immediate termination and not merely non-renewal of a fixed-term contract."
Keywords:
contract; decision; executive head; fixed-term; grounds; misconduct; mistake of fact; non-renewal of contract; termination of employment; unjust enrichment;
Judgment 2171
94th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The non-renewal of a fixed-term contract is not the same thing as termination and does not give rise to any termination indemnity."
Keywords:
contract; difference; fixed-term; non-renewal of contract; terminal entitlements; termination of employment;
Judgment 2162
93rd Session, 2002
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Where a notice period ends after the expiry of a fixed-term contract, the notice requirement will be met if the contract is extended by the amount of time needed to make up the full period of notice."
Keywords:
contract; duration of appointment; extension of contract; fixed-term; non-renewal of contract; notice; organisation's duties; separation from service;
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