Termination of employment (389, 390, 391, 393, 395, 396, 398, 843, 969,-666)
You searched for:
Keywords: Termination of employment
Total judgments found: 377
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Judgment 1817
86th Session, 1999
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11(a)
Extract:
"Before dismissing someone on the grounds of performance an organisation must ordinarily give fairly prompt warning so as to allow for improvement. But all that is needed is that the staff member be aware of the risk of dismissal and of the need for improvement. If the staff member still proves unsatisfactory, dismissal will be in order even if founded on new shortcomings that are not the same as those that prompted the warning [...]. And again those rules hold good mutatis mutandis for ending probation". The Tribunal cites the case law.
Keywords:
case law; duty to inform; organisation's duties; probationary period; termination of employment; unsatisfactory service; warning; work appraisal;
Consideration 7
Extract:
"The case law says that an organisation may not take unilateral action that affects status before giving the staff member the opportunity of answering (see Judgment 1484 [...]). And that rule applies, of course, to dismissal of a probationer."
Reference(s)
ILOAT Judgment(s): 1484
Keywords:
amendment to the rules; contract; organisation's duties; probationary period; right to reply; termination of employment;
Consideration 11
Extract:
"Poor performance does not warrant ending a probationary appointment unless there is not some hope of reasonably early improvement, usually by the expiry of the probation."
Keywords:
condition; period; probationary period; termination of employment; unsatisfactory service; work appraisal;
Judgment 1728
84th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"While it is true that the records of selection committees must be made available to appellate bodies, yet, insofar as they relate to staff other than the appellants themselves, they are confidential, and there is no general requirement of disclosure to such appellants."
Reference(s)
Organization rules reference: WHO MANUAL PARAGRAPH II.9.340.3
Keywords:
disciplinary procedure; misconduct; performance report; procedure before the tribunal; right to reply; staff reduction; staff regulations and rules; termination of employment; unsatisfactory service;
Judgment 1724
84th Session, 1998
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
"Article 3.10.4 of [IFAD's] Manual says that a decision to terminate the contract of employment of an official may be taken by the President, 'and the President alone', in the interests of the Fund. So it does vest discretion in the President to end an appointment in the Fund's interest without resort to disciplinary process. [...] Yet the Fund is mistaken [...] that the President has unfettered authority under the provision to cite the Fund's interests as grounds for dismissal. He must set out the facts fully enough to enable the Tribunal to exercise its power of review and to determine objectively whether it is indeed the Fund's interests that are the reason for the dismissal. As was held in Judgments 1234 [...] under 19 and 1496 [...] under 9, although an organization's 'own interests are paramount [...] it must still, for the sake of proper management and mutual confidence, treat its staff fairly."
Reference(s)
Organization rules reference: ARTICLE 3.10.4 OF IFAD'S MANUAL
ILOAT Judgment(s): 1234, 1496
Keywords:
discretion; duty to substantiate decision; judicial review; limits; organisation's interest; respect for dignity; staff member's interest; staff regulations and rules; termination of employment;
Judgment 1696
84th Session, 1998
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The wording of Regulation 9 (b)(3) is plain: the decision to terminate an appointment at the end of probation may be taken only 'after consultation with an advisory body', the Staff Committee." The Organisation submits that it need only speak to the Chairman. But the Committee has several members who are supposed to function as a single body. The Orgnanisation's argument postulates prior delegation of authority to the Committee's Chairman or officers. To be valid, however, such delegation must have some basis in the rules. Failing that, any action "will be ultra vires" there being wrongful failure to consult the Staff Committee, the impugned decision must, in line with patere legem, be set aside.
Reference(s)
Organization rules reference: CCC STAFF REGULATIONS 9(B)(3)
Keywords:
advisory body; advisory opinion; decision; delegated authority; due process; organisation's duties; patere legem; probationary period; procedural flaw; staff regulations and rules; termination of employment;
Judgment 1669
83rd Session, 1997
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17-18
Extract:
"One principle of international civil service law is that a decision on a staff member's status may not work to his detriment before the date at which he had notice of it. [...] The grant of an invalidity pension does not empower the Organisation to make the termination retroactive as from the date set for the start of payment and to disregard the requirement of notice in the rules [...] Here the Council failed to observe the rules."
Keywords:
date of notification; decision; disability benefit; effect; incapacity; international civil service principles; non-retroactivity; notice; termination of employment;
Judgment 1661
83rd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(b)
Extract:
"The complainant managed WHO assets. He was in charge of the resale of superannuated vehicles of the programme under written rules intended not just to protect those assets but also to put trust in the Organization through fair and open management. The complainant broke the rules on resale. [...] That was not only in breach of the material provisions but cast discredit on the programme and gave an impression of arbitrariness, favouritism and graft, even supposing that, as he says, he made no money himself out of it. Viewed objectively, such behaviour became intolerable for the Organization and amounted to misconduct." Dismissal was not disproportionate to his offenses.
Keywords:
organisation's interest; organisation's reputation; serious misconduct; termination of employment;
Judgment 1659
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
Having lost three out of seven members and having a "working budget that was but a fraction of what it had been before, it was therefore only reasonable for [EFTA] to consider overhauling the Secretariat and go ahead with the abolition of units and then of posts. [...] It was the EFTA Council of seven member States that resolved to wind up the Secretariat, pay off the permanent employees and let fixed-term appointments run out. It saw that as the only proper course because of political uncertainty and lack of money to pay the staff after 30 June 1995. The seven States also wanted to safeguard the freedom of the four remaining members to set up a smaller Secretariat which matched the smaller membership. There was no mistake of law in the Council's reasoning."
Keywords:
abolition of post; budgetary reasons; discretion; judicial review; member state; non-renewal of contract; organisation; reorganisation; separation from service; termination of employment;
Consideration 12
Extract:
The complainants "plead breach of Regulation 12.2(b) which confers priority for re-employment on permanent employees whose posts had to be abolished. But since all the posts were abolished the Association had no choice in the matter and nothing to offer the redundant staff but the opportunity of applying for jobs in the new Secretariat."
Reference(s)
Organization rules reference: EFTA STAFF REGULATION 12.2(B)
Keywords:
abolition of post; competition; contract; exception; organisation's duties; permanent appointment; priority; reassignment; reorganisation; separation from service; staff regulations and rules; termination of employment;
Judgment 1639
83rd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Director-General took the view that since the complainant admitted misconduct there was no need to give her any opportunity of defending herself. "The defendant's argument is mistaken. Before it notified to her the decision of summary dismissal it had brought no charges against her, and she therefore had no case to answer. And once it had made the decision to dismiss her without giving her a prior hearing, it had already acted in breach of due process. [...] An international organisation must inform the staff member of any charges it is levelling against him and give him the opportunity of answering before it takes any disciplinary action: audi alteram partem is a requirement it must observe in all circumstances. [...] Even though she had admitted to the incident, she did not on that account forfeit her right to be heard, be it to make a plea in mitigation or to give her own version of the facts or to raise any other issue she wished in her own defence."
Keywords:
adversarial proceedings; complainant; disciplinary measure; duty to inform; mitigating circumstances; organisation's duties; right; right to reply; serious misconduct; summary dismissal; termination of employment;
Judgment 1617
82nd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Whether the case is one of non-renewal or of dismissal, the rules on notice must be observed: so say the precedents. The need for such a safeguard is ordinarily not so great when the appointment is extended, but extended by a shorter term than the current one."
Keywords:
case law; contract; duration of appointment; extension of contract; non-renewal of contract; notice; termination of employment;
Judgment 1616
82nd Session, 1997
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The mere remittance of pay does not meet the requirement of notice "unless the parties to the contract of service agree that the employee should not work out the period of notice or the Organisation puts him on special leave during that period. Failing those exceptions the employee must be given actual notice so that he may make proper arrangements for leaving and possibly look for another job. It is inadmissible that any official, let alone an established one, should be told of dismissal on the very day on which it takes effect and left to his own devices without further ado."
Keywords:
compensatory allowance; contract; effect; exception; notice; organisation's duties; permanent appointment; purpose; special leave; staff member's interest; termination of employment;
Judgment 1614
82nd Session, 1997
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant's appointment was terminated after the Organisation abolished her post. Although the organisation knew it had a duty to look into possibilities of reassignment "it had not 'seriously' done so during the period of notice, as the rules required [as stated under Personnel Policies Manual Article 5.7.11(b)], or even afterwards. Indeed it has acknowledged by implication its failure to comply with that duty: why else offer her 'additional compensation' in relief? The plea succeeds and for that reason alone the impugned decision must be set aside."
Reference(s)
Organization rules reference: ARTICLE 5.7.11(B) OF IFAD PERSONNEL POLICIES MANUAL
Keywords:
abolition of post; compensatory allowance; organisation's duties; reassignment; staff regulations and rules; termination of employment;
Judgment 1585
82nd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Any termination calculated to get rid of an unwanted candidate for a position would offend against the organization's interests and amount to misuse of authority."
Keywords:
abuse of power; candidate; competition; misuse of authority; organisation's interest; termination of employment;
Judgment 1584
82nd Session, 1997
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant failed time and again to meet his financial obligations - in particular the payment of alimony to his family - disobeyed the judicial and administrative authorities of the host country and received several prison sentences. The permanent mission of the host country and his creditors approached the Organization many times. "In behaving as he did he obviously showed scant regard for his duties as an international civil servant and betrayed the Organization's trust. It was only reasonable that the WMO should consider that his conduct precluded keeping him on." There was no breach of the rule of proportionality.
Keywords:
conduct; disciplinary measure; fitness for international civil service; misconduct; organisation's interest; organisation's reputation; outside activity; proportionality; staff member's duties; termination of employment;
Judgment 1583
82nd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(a)
Extract:
"An organisation may not in good faith end someone's appointment for poor performance without first warning him and giving him an opportunity to do better. The warning need not contain express mention of the risk of termination if performance does not improve: the risk is implied. Nor need any later shortcomings be the same as those that prompted the warning: it suffices that the official understood that his performance as a whole must improve".
Reference(s)
ILOAT Judgment(s): 1546
Keywords:
contract; formal requirements; good faith; non-renewal of contract; organisation's duties; termination of employment; unsatisfactory service; warning;
Judgment 1553
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
UNESCO Staff Regulation 4.4 grants priority to serving staff for appointment to vacant posts. "Despite the unanimous recommendations by the senior personnel advisory boards and by the Appeals Board the Organization failed to give the complainant priority for vacant posts. It put the wrong question to its units and to its bureau of personnel. The right question was not whether there was a post that fitted her qualifications and experience but whether there was a post of which she was capable of fulfilling the duties competently. [...] No instructions went out that she should be given priority for any vacant posts. So the decision to terminate her services rested on a misinterpretation of Regulation 4.4 and so on a mistake of law. That decision must therefore be set aside".
Reference(s)
Organization rules reference: UNESCO STAFF REGULATION 4.4
Keywords:
abolition of post; candidate; decision; internal candidate; interpretation; material damages; moral injury; organisation's duties; priority; qualifications; reassignment; reinstatement; staff regulations and rules; termination of employment; vacancy;
Judgment 1542
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The complainant has no locus standi to make a claim against his former employer. After dismissal he no longer had any connection with the EPO in law. Nor, since he was in the EPO's employ for under ten years, is he entitled [...] to draw a pension: he can therefore derive no cause of action from the breach of any provision of the EPO's Rules and Regulations."
Keywords:
breach; cause of action; complainant; complaint; locus standi; receivability of the complaint; seniority; staff regulations and rules; status of complainant; termination of employment;
Judgment 1487
80th Session, 1996
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The abolition of a post need not mean that the employee on it must go. [...] But here it is plain from the evidence [...] that the Secretary-General did look thoroughly into the possibilities of reassignment, but he found no suitable post because of the complainant's grade and because there were but few permanent posts, and even fewer that were vacant or likely to become so."
Keywords:
abolition of post; organisation's duties; reassignment; separation from service; termination of employment;
Judgment 1484
80th Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Although the complainant was informed of the objections to his work and behaviour, he was never given any warning that was recognisable as such of the organization's intention of ending his appointment before expiry. [...] The decision he impugns shows a serious formal flaw and cannot stand."
Keywords:
formal flaw; notice; organisation's duties; separation from service; termination of employment;
Judgment 1475
80th Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The decision to terminate the complainant's appointment was a discretionary one, and consistent precedent has it that the Tribunal will not set aside a decision of that kind unless it shows a mistake of fact or law or a formal or procedural flaw, or some essential fact was overlooked or a clearly mistaken conclusion drawn from the evidence, or if there was abuse or lack of authority."
Keywords:
case law; discretion; judicial review; separation from service; termination of employment;
Consideration 16
Extract:
"The Organization lawfully dismissed the complainant under [Staff] Rule 1070.1: it gave her due written warning; it let her have reasonable time in which to improve; it paid her three months' salary in lieu of notice; and it was unable to reassign her locally."
Reference(s)
Organization rules reference: WHO STAFF RULE 1070.1
Keywords:
due process; notice; organisation's duties; reassignment; staff regulations and rules; termination of employment;
Judgment 1447
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"As for the charge of misconduct warranting dismissal under Article 93(2)(f), the Tribunal accepts the Disciplinary Committee's ruling that the complainant had no intention of causing damage in the incident [...]. It is therefore satisfied that the sanction of dismissal was grossly disproportionate to his misbehaviour on that day."
Reference(s)
Organization rules reference: ARTICLE 93(2)(F) EPO SERVICE REGULATIONS
Keywords:
conduct; disciplinary measure; misconduct; proportionality; staff regulations and rules; termination of employment;
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