Termination of employment (389, 390, 391, 393, 395, 396, 398, 843, 969,-666)
You searched for:
Keywords: Termination of employment
Total judgments found: 377
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 | next >
Judgment 1030
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was dismissed for misconduct. The organization charged him with refusal to perform duties, refusal to obey instructions and sending letters to Indian government officials with the intention of damaging the organization's reputation. The Tribunal is satisfied on the evidence that the charges are substantially true.
Keywords:
conduct; independence; insubordination; member state; misconduct; official; organisation's reputation; termination of employment;
Judgment 1026
69th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's appointment was terminated upon the abolition of his post. The organization offered him 5000 United States dollars in compensation for the delay in dealing with the case. The Tribunal holds that this "does not measure up to the degree of moral and material injury [the organization] has caused the complainant, whose health has grown much worse since termination. The Tribunal believes that more reasonable awards would be $8,000 in damages and $2,000 towards costs."
Keywords:
abolition of post; administrative delay; amount; costs; internal appeal; internal appeals body; moral injury; terminal entitlements; termination of employment;
Judgment 1022
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant relies on an acquired right to three months' notice as stipulated in her contract. The organization gave her six months' notice. "There is an acquired right only where an amendment to the material rules that is to the official's detriment disrupts the structure of the contract or impairs the fundamental terms of employment that induced him to take up duty with the organization." That condition is plainly not met in the instant case.
Keywords:
acquired right; contract; notice; termination of employment; terms of appointment; time limit;
Judgment 1021
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 1022, consideration 5.
Reference(s)
ILOAT Judgment(s): 1022
Keywords:
acquired right; contract; notice; termination of employment; terms of appointment; time limit;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
After initially accepting the organization's offer of transfer made in connection with its headquarters move, the complainants changed their minds. Their appointments were then terminated. The organization calculated the period of notice as if they had turned the transfer offers down from the start. The complainants argue that the period of notice must run from the day they made their position known and that they are therefore entitled to compensation. The Tribunal holds that such an interpretation runs counter to the applicable provisions since the organization's intention was to treat all staff members who refused the offer of transfer in the same way, whatever the date of their refusal.
Keywords:
compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination of employment; time limit; transfer; transfer of headquarters;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Vide Judgment 1020.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination of employment; time limit; transfer; transfer of headquarters;
Judgment 1017
69th Session, 1990
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Paragraph 3(v) of an IFAD Administrative Instruction on probation under fixed-term appointments reads: "Where it is deemed by the head of department that the staff member's performance is less than satisfactory, he/she will be immediately informed by the head of department that a decision from the President will be sought to terminate his/her services by letting the period of probation lapse." The President's decision to terminate the complainant's appointment at the end of the extended period of probation was flawed by non-compliance with this requirement. because the decision was in breach of the procedural rule, the Tribunal will set it aside and award the complainant substantial compensation for the improper termination of her contract and for moral damages.
Keywords:
duty to inform; flaw; moral injury; probationary period; procedural flaw; termination of employment; unsatisfactory service;
Judgment 1003
68th Session, 1990
African Training and Research Centre in Administration for Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Before the complaint was filed the Organisation went back on its decision to dismiss him and replaced it by a reprimand. Since the decision "has been withdrawn and has had no effect on his career there is no cause of action and his complaint is irreceivable."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
cause of action; lack of injury; no cause of action; receivability of the complaint; settlement out of court; termination of employment;
Judgment 999
68th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant was accused of grave misconduct. An inquiry was held into the facts in the absence of the complainant. The Tribunal held that "whoever makes inquiries of the kind that were made in this case must be scrupulous in not taking evidence from one party without the other's knowledge. Whether or not the evidence did work to the complainant's prejudice is irrelevant. It is sufficient that it might have done so, and it is not the likelihood but the risk of prejudice that is fatal. There can be no certainty that justice will be done if evidence is taken in the absence of one of the parties. The proceedings in the appeal the complainant lodged against the decision [...] to dismiss him show a breach of due process".
(note: see Judgment 2601, under 7)
Reference(s)
ILOAT Judgment(s): 2601
Keywords:
flaw; inquiry; investigation; misconduct; organisation's duties; right to reply; termination of employment;
Consideration 5
Extract:
"Breach of the Staff Regulations and of general principles, including breach of due process, is a flaw in the appeal proceedings which also taints the impugned decision, and for that reason the [final] decision [to confirm the complainant's dismissal for grave misconduct] cannot stand. What does stand, however, since it is only the appeal proceedings that were improper, is the prior decision [of dismissal]." "The complainant duly filed his internal appeal with the Regional Board, and the Organization shall resume the internal appeal proceedings. The competent authorities shall reconsider the internal appeal in the light of the submissions already made by WHO and by the complainant and any further submissions the parties may make in adversarial proceedings".
Keywords:
case sent back to organisation; decision quashed; flaw; internal appeal; misconduct; procedural flaw; right to reply; termination of employment;
Judgment 997
68th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"By virtue of Judgment 996 the complainant is entitled to reinstatement with full arrears of salary and allowances. The benefits he would have been entitled to but for dismissal included home leave for himself and his family [...]. Should [his family] choose to travel at another time the cost of their home leave will be due to him by virtue of Judgment 996."
Reference(s)
ILOAT Judgment(s): 996
Keywords:
allowance; consequence; decision quashed; home leave; refund; reinstatement; right; salary; termination of employment;
Judgment 996
68th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The requirement in [Article R II 1.24 of] the [ESO] Staff Regulations that the staff member consent to transfer is in marked contrast to other international organisations, in which transfer is common and the executive head has discretion to transfer staff from one duty station to another whether they consent or not. The complainant is correct in his submission that there is no provision in the ESO's rules for dismissal on the grounds of refusal of transfer."
Reference(s)
Organization rules reference: ARTICLE R II 1.24 OF THE ESO STAFF REGULATIONS
Keywords:
duty station; enforcement; organisation's duties; refusal; reinstatement; staff regulations and rules; termination of employment; transfer;
Judgment 987
68th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The reason given for terminating the complainant's appointment [before the expiry of the probation period] was his unsatisfactory performance and termination on such grounds may be deemed to be action in the organization's interests. The Director-General having wide discretion in the matter, the Tribunal will quash the decision only if it was taken without authority, [etc]".
Keywords:
discretion; judicial review; organisation's interest; probationary period; termination of employment; unsatisfactory service;
Consideraton 5
Extract:
"In support of its contention that there was no breach of his right to a hearing, the FAO cites earlier facts which it submits show that the complainant knew full well that his position was, to say the least, uncertain. Though there are no special rules on the subject and the procedure will depend on the circumstances of each case, the organization has a duty to show that the staff member cannot reasonably have failed to realise he was under threat of termination."
Keywords:
burden of proof; duty to inform; evidence; formal requirements; organisation; probationary period; right to reply; termination of employment;
Consideration 3
Extract:
"The right to a hearing, which is a general principle of law, means that the organization may not terminate a staff member unless it has already informed him of its intention and of the grounds for termination. Such information must be given before the notification of the termination and not at the same time".
Keywords:
date; duty to inform; flaw; probationary period; right to reply; termination of employment;
Judgment 969
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"The language (in the documents typed by the complainant) was obviously calculated to intimidate by threats to the life of senior officers of the organization. Participation in preparing such documents amounted to inadmissible conduct which fell within the prohibition of the Rules and merited summary dismissal."
Keywords:
conduct; disciplinary measure; serious misconduct; summary dismissal; termination of employment;
Judgment 954
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"WHO Staff Rule 1050.1 allows termination of a staff member's temporary appointment before the date of expiry if the post he is on is abolished. Although the Director-General has discretion in deciding whether to do away with a post his decision is subject to review: the Tribunal will quash it if there has been breach of some procedural or formal rule [etc]".
Reference(s)
Organization rules reference: WHO STAFF RULE 1050.1
Keywords:
abolition of post; contract; discretion; fixed-term; judicial review; termination of employment;
Consideration 7
Extract:
The Tribunal "holds that the abolition of his post and the termination of his appointment [...] were needed in the organization's interests and did not amount to any abuse of authority."
Keywords:
abolition of post; abuse of power; misuse of authority; organisation's interest; termination of employment;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12, Summary
Extract:
The complainant was dismissed for misconduct. The organization submits that the complainant took home leave without going to his home country, the one which treats him as its citizen. The Tribunal held that the complainant was in breach of the letter and spirit of the rules: "Though the rules do allow rerouting, it must not be more than a minor change in travel arrangements."
Keywords:
direct route; enforcement; exception; home leave; misconduct; place of origin; serious misconduct; staff member's duties; staff regulations and rules; termination of employment;
Consideration 14
Extract:
"When disciplinary action is out of all proportion to the offence according to both objective and subjective criteria, there is a mistake of law that warrants setting the impugned decision aside. There must be the closest scrutiny when the measure is dismissal."
Keywords:
disciplinary measure; proportionality; termination of employment;
Consideration 14
Extract:
The complainant submits that none of "the charges supporting his dismissal for misconduct [...] amounts in itself to misconduct. Indeed some of them do not, but what is serious is that there are several."
Keywords:
conduct; disciplinary measure; misconduct; serious misconduct; termination of employment;
Considerations 17-18
Extract:
The complainant argues that the definition of misconduct in the FAO Manual does not fit the charges: the organization's reputation cannot suffer from inside squabbling. "The plea is mistaken. Harm to the organization's good name does not require the knowledge of the public at large since reputation may be impaired even within a closed community."
Keywords:
conduct; definition; misconduct; organisation's reputation; termination of employment;
Consideration 19
Extract:
"To prove abuse of authority the complainant must show that the reason for his dismissal had nothing whatever to do with serving the organization's interests."
Keywords:
abuse of power; disciplinary measure; evidence; lack of evidence; misconduct; misuse of authority; termination of employment;
Judgment 922
65th Session, 1988
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
In Judgment 868 the Tribunal quashed the decision to dismiss the complainant on the grounds of unsatisfactory performance and referred the case back to the Union. The organisation having merely confirmed its earlier decision without further inquiry, the new decision is set aside and "the Union shall pay the complainant damages equivalent to the sums he would have been paid had he remained on the staff from the date of his dismissal up to the date of this judgment."
Reference(s)
ILOAT Judgment(s): 868
Keywords:
amount; confirmatory decision; material damages; termination of employment; unsatisfactory service;
Judgment 916
65th Session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In the case of dismissal of a probationer, the administration should be allowed the widest measure of discretion and the decision will be quashed only if the mistake or illegality was especially serious or glaring."
Keywords:
discretion; judicial review; probationary period; termination of employment;
Judgment 907
64th Session, 1988
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant "is not entitled to damages for his wife's loss of salary and pension rights. Even if proven, the injury would not be directly attributable to the unlawful decisions."
Keywords:
compensation; consequence; decision; injury; material damages; moral injury; termination of employment;
Consideration 4
Extract:
"In Judgment 807 the Tribunal remanded the case for a new decision. It gave due instructions, observing that the complainant had not had the opportunity of answering the allegations about his work and the disruption of his section; it said that the organisation might resume the dismissal procedure on some other grounds provided for under the Staff Regulations. There were, quite plainly, supposed to be adversarial proceedings before the new decision was taken."
Reference(s)
ILOAT Judgment(s): 807
Keywords:
adversarial proceedings; consequence; flaw; organisation's duties; right to reply; termination of employment;
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;
Consideration 4
Extract:
The complainant was dismissed a first time on the grounds of abolition of post. That decision having been quashed by the Tribunal, he was dismissed a second time on the grounds of unsatisfactory service. The organisation submits that as the complainant pressed his suit, it had no other choice. "But allowing such a plea would be tantamount to gainsaying the staff member's right to take exception in some instances to the organisation's decision: there is no misconduct in exercising the right of appeal and asking that the decision be lawful."
Keywords:
right of appeal; termination of employment; unsatisfactory service;
Judgment 903
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Since the complainant was informed of the decision more than ninety days before filing, his complaint was not lodged within the time limit in Article VII(2) of the Statute and is not receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
abolition of post; complaint; date of notification; decision; receivability of the complaint; termination of employment; time bar;
Judgment 901
64th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Even where termination before expiry is due to the necessities of the service there must be explanation and justification of the decision because it amounts to unilateral breach of the contract. The Director-General does not then have the discretionary authority he may exercise on expiry and, for one thing, the Tribunal will consider whether the decision serves the organisation's interests, as it should."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; judicial review; organisation's interest; termination of employment;
Consideration 7
Extract:
The complainant was on mission when he was terminated as persona non grata. "There was no objective report on this case. [...] All this makes it plain that summary termination under 11.4 [of the Staff Regulations] was in breach of the complainant's right of reply and cannot stand."
Reference(s)
Organization rules reference: ARTICLE 11.4 OF THE ILO STAFF REGULATIONS
Keywords:
contract; field; fixed-term; flaw; persona non grata; procedural flaw; project personnel; right to reply; termination of employment;
Consideration 7
Extract:
"When an international official on mission shows professional shortcomings or fails in his duty of 'reserve' the government may of course ask the organisation to withdraw him. But termination is not the inevitable outcome. For one thing, so long as the contract is in force the Director-General does not have discretionary authority; for another, he may discuss the matter with the government [...] In any case even when the organisation acquiesces it need not terminate the appointment on that account."
Keywords:
consequence; discretion; duty of discretion; field; misconduct; organisation's duties; persona non grata; project personnel; termination of employment;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 | next >
|
