Permanent appointment (319, 320, 321,-666)
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Keywords: Permanent appointment
Total judgments found: 78
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Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 37-39
Extract:
The complainant seeks reinstatement in a post he held under a fixed-term appointment. "Reinstatement is a form of restitutio in integrum that will afford proper redress when the holder of an indefinite appointment has been wrongfully dismissed. [...] The Tribunal may consider ordering the reinstatement even of someone who held a fixed-term appointment provided that the circumstances are exceptional". Having referred to the relevant case law on exceptions, the Tribunal observes that there is nothing exceptional in the present case and dismisses his main claim "since reinstating him would in the circumstances be tantamount to direct interference by the Tribunal in the structuring of the ITU's secretariat".
Keywords:
case law; contract; fixed-term; non-renewal of contract; permanent appointment; reinstatement; termination of employment;
Judgment 1151
72nd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
After many years in CERN's employ under fixed-term appointments, the complainants applied for indefinite appointments. Their cases having been reviewed according to a new procedure for the grant of such appointments. CERN told them it would neither grant them indefinite appointments or renew their fixed-term ones on expiry. "But there is no obvious logical connection between the refusal to grant an indefinite appointment and the refusal to renew a fixed-term one."
Keywords:
contract; duration of appointment; fixed-term; non-renewal of contract; permanent appointment;
Judgment 1116
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to consistent precedent the Director-General has discretion to extend a fixed-term appointment or convert it into an indeterminate one and his decision will be set aside only if taken without authority [etc]".
Keywords:
amendment to the rules; contract; discretion; duration of appointment; fixed-term; judicial review; non-renewal of contract; permanent appointment;
Judgment 1115
71st Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Director General decided [...] not to allow his request for a permanent appointment on the grounds that he failed to meet the condition of seven years' satisfactory service. The complainant therefore has no right to any further extension".
Keywords:
condition; contract; fixed-term; non-renewal of contract; permanent appointment; refusal; unsatisfactory service;
Judgment 1045
69th Session, 1990
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Rule 1050.2 provides: 'When a post of indefinite duration, which is filled, is abolished, a reduction in force shall take place, in accordance with procedures established by the Director'. The procedures are set out in detail in the Manual of the WHO, and it is clear that the rules preclude the termination of an appointment until the reduction-in-force procedure has been completed. The notice [given to her] was therefore invalid, and in keeping with the reasoning in Judgment 469 the complainant's contract is renewed by implication and remains in force. She is entitled to payment of the salary and allowances due under her contract less any indemnity of earnings she may have received in the meantime."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.2
ILOAT Judgment(s): 469
Keywords:
abolition of post; amount; consequence; contract; enforcement; extension of contract; fixed-term; material damages; permanent appointment; post; procedure before the tribunal; staff reduction; termination of employment;
Judgment 1044
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects to the non-renewal of her appointment. She alleges that upon recruitment she was given assurances that her fixed-term appointment would be converted into a continuing one on the date of expiry. But there is no evidence to suggest that she was given any such assurance.
Keywords:
contract; evidence; fixed-term; lack of evidence; non-renewal of contract; permanent appointment; promise;
Judgment 1035
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's permanent post was abolished and he was appointed to a temporary one for a period of two years. Any post, whatever its duration or source of funding, may be abolished because of a change of programme. Besides, the organisation had assured him that his post description, status and conditions of service would be the same as before. Under the circumstances the Tribunal finds that the decision has neither infringed his contractual rights nor otherwise affected him adversely.
Keywords:
abolition of post; budgetary reasons; contract; fixed-term; lack of injury; permanent appointment; post; terms of appointment; transfer;
Judgment 1018
69th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant objects to being transferred and argues that his new work is only temporary and that his position is precarious. "The argument is unfounded. The complainant's transfer did not reduce his salary or change the nature of his employment. His new duties were classified at P.2. He was transferred not to a temporary post but with his own permanent post. When his new duties have been fully accomplished, he will still retain his permanent appointment and all the rights that go with it."
Keywords:
assignment; permanent appointment; post; short-term; transfer;
Judgment 974
66th Session, 1989
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the absence of a specific provision in the Rules, the Tribunal holds that, for the reasons it stated in Judgments 470 [...] and 891 [...], the right to the application of the reduction-in-force procedure arises on the abolition of a post of indefinite duration even though the official may have only a fixed-term appointment."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 891
Keywords:
abolition of post; contract; duration of appointment; fixed-term; no provision; non-renewal of contract; permanent appointment; post; procedure before the tribunal; right; staff reduction;
Judgment 907
64th Session, 1988
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Since he has twice had his dismissal set aside [the GATT] should reinstate him in a post equivalent to the one he held. If it does it shall pay him for the period from the date of his departure up to the date of his reinstatement, the amount to be reduced by the sums it has already paid him and any earnings he may have been paid during the period. His pension rights shall be fully restored."
Keywords:
amount; consequence; contract; damages; permanent appointment; reinstatement; 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;
Summary
Extract:
The complainant's post was abolished. The Tribunal held that, though given a limited-duration contract, the complainant held a post of indefinite duration which entitled him, under the material rules, to application of the reduction-in-force procedure.
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF WHO STAFF RULES
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; procedure before the tribunal; right; staff reduction; termination of employment;
Judgment 868
63rd Session, 1987
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The inconsistent evaluations of the complainant's work by the spokesman for the group cast doubt on the correctness of the decision to dismiss him on the grounds of unsatisfactory performance; the arrangements made for the later test were improper, and the importance of it was not clearly made known to him; and thirdly, the spokesman of the group disregarded his age and earlier career in the Union."
Keywords:
contract; different appraisals; disregard of essential fact; permanent appointment; termination of employment; unsatisfactory service; work appraisal;
Judgment 782
60th Session, 1986
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The right to fulfillment of a promise "is conditional. One condition is that the promise should be substantive, i.e. to act, or not to act, or to allow. Others are that it should come from someone who is competent or deemed competent to make it; that breach should cause injury to him who relies on it; and that the position in law should not have altered between the date of the promise and the date on which fulfillment is due. It does not matter what form the promise takes: it may be written or oral, express or implied."
Keywords:
condition; contract; formal requirements; permanent appointment; promise;
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 592
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant has no right to conversion of his fixed-term contract into a permanent one. There is no provision in the Staff Regulations and Staff Rules which says that the incumbent of a permanent post should perforce have a permanent appointment.
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; no provision; permanent appointment; right;
Consideration 3
Extract:
The complainant was appointed for a fixed term. "It is immaterial that he received assurances about the possibility of confirmation, that he holds a permanent post. That his predecessor had a permanent appointment and that other staff members have been granted permanent appointments after fixed-term ones. None of these facts warrants the grant of the permanent appointment. In particular there is no provision in the Staff Regulations and Staff Rules which says that the incumbent of a permanent post should perforce have a permanent appointment."
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; non-renewal of contract; permanent appointment; post; right;
Judgment 584
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The PAHO contends that because the complainant did not hold a post of indefinite duration, Rule 1050.2 does not apply to him. The Tribunal finds that Rule 1050.2 applies for reasons set out in Judgment 581 (Judgment 581 refers to the reasoning and conclusions in Judgment 470 concerning the applicability of the same rule).
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 581
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;
Judgment 583
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 584, consideration 3.
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 581, 584
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;
Judgment 582
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 584, consideration 3.
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 581, 584
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;
Judgment 581
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"In [Judgment 470] the Tribunal considered the applicability of [a rule] to a staff member whose fixed-term appointment had been regularly extended and held that [the rule] applied in such a case. [...] In the instant case, [as in P.] the complainant was the holder of a post of indefinite duration. The Tribunal sees no reason to differ from the conclusion reached in [case P.] or the reasoning on which that conclusion was based." The Article applies in the instant case.
Reference(s)
Organization rules reference: ARTICLE 1050.2 PAHO STAFF RULES
ILOAT Judgment(s): 470
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal granted that a rule allowed for dismissal in cases of economic problems of a permanent kind. No explanation of the circumstances which may have made staff reductions unavoidable is contained in the dossier. Although prudence might have led to such a measure, that would not suffice to bring the relevant clause into operation. "In supposing that it was [sufficient], the Director-General must have misconstrued the rule and thus been led to exceed his powers. The [dismissal] decision impugned was outside his authority and must be quashed on that ground."
Keywords:
abolition of post; abuse of power; contract; grounds; misuse of authority; permanent appointment; staff reduction; termination of employment;
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