Temporary-indefinite (323,-666)

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Keywords: Temporary-indefinite
Total judgments found: 2

• Judgment 4935

  
  139th Session, 2025
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decisions to abolish his position and terminate his appointment.

  Considerations 20-21

  Extract:

  The case law states that an organisation has a duty to explore possible options or to make reasonable efforts for the reassignment of a staff member whose post has been abolished (see, for example, Judgments 2902, consideration 14, and 4097, consideration 9). In consideration 16 of Judgment 3908, the Tribunal stated that, while it has long recognized the right of an international organization to abolish positions, which will imperil the continuing employment of the occupants of those abolished positions, a concomitant of that right is an obligation to deal fairly with the staff who occupy those abolished positions. This obligation extends to finding, if they exist, other positions within the organisation for which those staff have the experience and qualifications.
  Historically, the Tribunal generally considered the extent of an organization’s duty to reassign staff members whose positions were abolished mainly in relation to the type of contract they held, the nature of the post and/or the role to which they were assigned, their length of service with the organization, and recognized a greater duty in respect of staff who held permanent positions (see, for example, Judgment 3754, consideration 16). Nonetheless, in consideration 10 of Judgment 4097, the Tribunal stated that it does not follow that other classes of staff of differing status should be afforded no protection by principles it has developed in circumstances where their post is abolished and attempts are being made to reassign them.

  Reference(s)

  ILOAT Judgment(s): 2902, 3754, 3908, 4097
  

  Keywords:

  abolition of post; appointment; contract; duty of care; fixed-term; reassignment; reorganisation; temporary-indefinite;
  

  
  
  

• Judgment 3090

  
  112th Session, 2012
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "[WIPO's] employment relationship with the complainant always rested on short-term contracts [...]. These contracts were systematically renewed without any notable breaks, with the result that [...] the complainant pursued a career in the Organization for more than seven years, i.e. until the expiry of [her last] contract. This long succession of short-term contracts gave rise to a legal relationship between the complainant and WIPO which was equivalent to that on which permanent staff members of an organisation may rely. In considering that the complainant belonged to the category of short-term employees to whom the Staff Regulations and Staff Rules do not apply and who do not enjoy legal protection comparable to that enjoyed by other staff members, the defendant failed to recognise the real nature of its legal relationship with the complainant. In so doing it committed an error of law and misused the rules governing short-term contracts."

  Keywords:

  abuse of power; applicable law; career; contract; difference; extension of contract; misuse of authority; non-renewal of contract; permanent appointment; short-term; staff regulations and rules; status of complainant; temporary-indefinite; terms of appointment;