X v Secretary-General of the OEEC (Decision No 4)

• Jurisdiction: European Union
• Court: Appeals Board (Organization for European Economic Cooperation)
• Date: 26 April 1950

Appeals Board of the Organization for European Economic Co-operation.

Decision No. 4.

International organization — Officials — Termination of temporary contract — Extent of entitlement to permanent contract — Payment for overtime.

The Facts.—Mrs. X. had been employed by the O.E.E.C. under three successive contracts, all of which were temporary. The contracts contained a clause empowering either party to terminate the contract by giving a week's notice. On August 5, 1949, the Organization decided to terminate her contract. Mrs. X. started proceedings on February 15, 1950, claiming: (i) annulment of the decision to terminate her contract, and reinstatement in the Organization, on the grounds that the decision was arbitrary and did not take into account her seniority and professional ability; (ii) the benefit of a contract of indeterminate duration, with effect from the date of her entry into the Organization; (iii) payment for overtime worked in 1948, since it was contrary to ordinary legal principles that overtime should not be remunerated; and (iv) revision of the figures of the overtime which she had worked between January 1 and July 16, 1949, the figures drawn up by the Administration being inaccurate and understating the amount of work which she had done.

Held: (i) that the decision to terminate her contract was in accordance with the terms of the contract;

(ii) that the claimant had no right to benefit from a contract of indeterminate duration, in the absence of an agreement to that effect;

(iii) that the claimant's contract gave her no right to payment for overtime; and

(iv) that it was not proved that the figures drawn up by the Administration were incorrect.

The Board said: “The appeal lodged by Mrs. X. on February 15, 1950, is receivable from a procedural point of view, the statutory time-limits having been respected and the security duly deposited by the claimant.

“On the claim for annulment of the decision of termination taken on August 5, 1949.—Mrs. X. entered into three successive contracts of employment (including a supplementary agreement) with the Organization; all the contracts were temporary and contained a clause empowering either party to terminate the contract by giving a week's notice. Contracts are Iaw for the parties. Mrs. X.'s termination took place in conformity with the contractual provisions accepted on both sides, and the week's notice laid down in the contract was respected. Full effect must therefore be given to the...