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 414
44th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Although such a change is not expressly provided for in any text, it is by no means precluded. There is nothing to prevent an official who has left the organisation for some reason or other from being reappointed and it is therefore equally admissible to replace one kind of appointment with another."
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; permanent appointment;
Consideration 4
Extract:
The organisation experienced financial difficulties and reduced the number of posts. Efforts were made to reassign the complainant, whose contract without limit of time had been replaced by a fixed-term appointment. The "lack of success [of these efforts] does not mean that the [organisation] failed in its obligations. indeed it was only to be expected in the circumstances. [...] There is no evidence to suggest that it appointed staff members less well qualified than he to duties which might have suited him."
Keywords:
abolition of post; amendment to the rules; budgetary reasons; contract; duration of appointment; fixed-term; organisation's duties; permanent appointment; reassignment; staff reduction;
Consideration 2
Extract:
The complainant had a choice between two solutions: either to go ahead with the internal procedure or to enter into a fixed-term contract. He was able to make his choice freely and was not subject to any pressure. "The most that can be said is that there would have been duress had the [organisation] declared a fictitious abolition of the complainant's appointment without limit of time in order to make him consent to a fixed-term appointment. But it did not do so. The abolition of his permanent post formed part of a real reorganisation and was no mere pretext.
Keywords:
abolition of post; acceptance; contract; duration of appointment; duress; fixed-term; permanent appointment; waiver of right of appeal;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(D)
Extract:
No provision provides for converting an appointment of indeterminate duration into a fixed-term one. "There is neither any general principle of law nor any provision of the Staff Regulations nor any term of her contract of appointment which precludes such a change of status."
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; no provision; permanent appointment;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 32
Extract:
The complainant was summarily dismissed for disrespectful conduct. His dismissal was out of proportion with the offence. "The Tribunal will not order the reinstatement of the complainant. This could create a difficult situation [...] for which the complainant's abrasive conduct would be partly to blame." Compensation must be substantial: he had indefinite employment in an excellent post and suffered serious economic losses from the loss of employment. "The Tribunal must however take account of the fact that while the complainant's employment with the organisation might have lasted for the rest of his working life, [he was thirty years of age at the time.] There is a risk that a man of his temperament might sooner or later have given just cause for dismissal."
Keywords:
amount; conduct; contract; insubordination; material damages; misconduct; permanent appointment; proportionality; termination of employment;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant argues that as a permanent official who had lost his post he was entitled to be appointed to a suitable vacant post without having to take a test. The applicable regulation provides for the grant of priority subject to two conditions: the existence of a suitable vacant post and the staff member's capacity to give useful service in that post. "To determine whether the two conditions are met it may sometimes be necessary to test the staff member whose post has been abolished." There was no mistake of law.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; condition; contract; permanent appointment; priority; probationary period; qualifications; reassignment; termination of employment; vacancy;
Judgment 325
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant refused two successive appointments. His appointment under a contract of indeterminate duration was terminated; "it appears from the documents in the dossier that the Director-General ordered the transfers in the interests of the organization and that the allegation of abuse of authority is not proved."
Keywords:
complainant; contract; organisation's interest; permanent appointment; refusal; termination of employment; transfer;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[T]here is a general principle whereby an organisation may not terminate the appointment of a staff member whose post has been abolished, at least if he holds an appointment of indeterminate duration, without first taking suitable steps to find him alternative employment."
Keywords:
abolition of post; contract; organisation's duties; permanent appointment; reassignment; termination of employment;
Judgment 251
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"A decision not to extend a fixed-term appointment or not to convert it into an appointment of indeterminate duration falls within the Director-General's discretionary authority. Hence the Tribunal may quash it only if [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; offer; permanent appointment;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[B]y limiting the period of the complainant's service to five years the Director-General would not have departed from the practice of regarding only appointments of more than five years as permanent."
Keywords:
contract; duration of appointment; fixed-term; limits; permanent appointment; practice;
Judgment 203
30th Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The decision is quashed. The complainant's reinstatement would be inadvisable. "[H]aving regard to all the circumstances, therefore, in particular to the seriousness of his misbehaviour, the length of his employment, and the amount of his salary and termination benefits, the Tribunal awards the complainant compensation in the amount of one million Italian lira."
Keywords:
amount; contract; criteria; decision quashed; material damages; permanent appointment; proportionality; serious misconduct; termination of employment;
Judgment 139
22nd Session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Under the Staff Rules, the Director-General must endeavour to find another post for an official whose post has been abolished. "[T]he official who has worked for many years for the organization to its full satisfaction is absolutely entitled to fill a post suitable to his abilities and grade in preference to any other candidate."
Keywords:
abolition of post; contract; organisation's duties; permanent appointment; priority; reassignment; termination of employment;
Judgment 122
20th Session, 1968
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
The complainant was denied appointment to a permanent post because of objections expressed by a Member State aroused by the complainant's refusal to do his military service. The decision was tainted by an error of law; the organisation did not exercise its discretionary power. The decision is quashed and the case is referred back to the organisation "for a new decision to be taken, with reasons stated, on [the] complainant's request, after consideration of all the relevant circumstances of the case, including [the complainant's] professional qualifications [...] and disregarding the fact [...] that he is a persona non grata to one of the States members."
Keywords:
contract; fixed-term; flaw; grounds; member state; military service; non-renewal of contract; permanent appointment; persona non grata; refusal; titularization;
Judgment 115
18th Session, 1967
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[The] complainant's transfer, which involved no reduction in her salary, did not affect the nature of her appointment. In spite of her assignment to a temporary post, she continued to enjoy all the rights resulting from her appointment as a permanent staff member of the Organization. It follows that the [transfer] decision is not tainted by illegality."
Keywords:
amendment to the rules; assignment; duration of appointment; effect; permanent appointment; salary; short-term; terms of appointment; transfer;
Judgment 107
17th Session, 1967
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"As he was appointed for temporary fixed periods, [the complainant] is not entitled to claim reinstatement in a post of indefinite duration that he has never held."
Keywords:
contract; fixed-term; permanent appointment; right;
Judgment 87
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant, a trade union official, made criticisms which were included in a tract. "The conduct which was deemed to justify [his] summary dismissal did not constitute misconduct serious enough to jeopardise or to be likely to jeopardise the reputation of the organization or its staff." Summary dismissal was not justified.
Keywords:
contract; duty of discretion; material damages; misconduct; moral injury; permanent appointment; proportionality; serious misconduct; staff representative; staff union activity; summary dismissal; termination of employment;
Judgment 33
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, recruited on a temporary basis, was transferred to a post which was subsequently to be filled by competition. The granting of an indeterminate appointment was made dependent upon his success in the competition "complainant has failed to prove any irregularity of procedure in connection with this competition [...]. While [the Regulations] entitled him to a priority as far as the consideration of his candidature is concerned, the appointment to the vacant post of another official in the same situation as himself and entitled to the same priority did not deprive complainant of that right."
Keywords:
competition; contract; fixed-term; internal candidate; permanent appointment; post held by the complainant; priority; right;
Judgment 32
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Director-General's recognised right to grant or refuse an indeterminate appointment under [the applicable] Staff Regulation is sovereign and [...] it is not for the Tribunal to seek for or judge his reasons for so doing."
Keywords:
contract; discretion; grounds; judicial review; offer; permanent appointment; refusal;
Considerations
Extract:
The decision of the Director-General to refuse an indeterminate appointment "is particularly serious because it deprives the official concerned of the possibility of making a career within the organization which a lengthy period of satisfactory service had entitled him legitimately to expect [...]. Therefore such a decision should be taken only while fully respecting the provisions of the [Regulations] in order to surround the free decision of the Director-General with the guarantees imposed in the interests both of the organization and of the official concerned."
Keywords:
career; contract; due process; flaw; legitimate expectation; organisation's interest; permanent appointment; refusal; satisfactory service; staff member's interest;
Considerations
Extract:
The irregularities indicated "resulted in depriving complainant of the opportunity of effectively discussing the appreciations made by his superiors, a fact aggravated by reason of the irregularities by which the procedure of the [Advisory] Committee was tainted, resulting in complainant being unable to avail himself of a procedure under which he might have been able to emphasise the qualities he claimed with a view to possibly obtaining an indeterminate appointment [...]. In this manner, the complainant was deprived of the possibility of having the decision taken modified, a possibility available to him under the Staff Regulations and Rules."
Keywords:
advisory body; consultation; contract; due process; fixed-term; flaw; non-renewal of contract; permanent appointment; procedural flaw; refusal; right to reply; work appraisal;
Judgment 14
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Staff Regulations provide that in the event of a reduction of staff preference be given to staff members with permanent appointments. The "systematic recourse to the statutory exception would be contrary to the spirit of the provisions governing the conditions of service of permanent officials who must in principle be protected against [budgetary] fluctuations, and would thus lead to rendering the notion of permanency of function void of substance; [...] such a procedure would impede good administration and endanger the sound functioning of the international organisations.
Keywords:
abolition of post; budgetary reasons; contract; effect; organisation's interest; permanent appointment; priority; staff reduction; termination of employment;
Considerations
Extract:
Alleging the inferior quality of the complainant's work, the organization failed by way of exception to give her preferential treatment when implementing staff reductions. "As regards the comparative evaluation of service [...], the Director-General [...] has discretionary power [...]. This discretionary power cannot be used to misuse recourse to the aforementioned exception."
Keywords:
abolition of post; contract; discretion; permanent appointment; priority; staff reduction; work appraisal;
