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 3929
125th Session, 2018
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and to terminate her appointment while she was on sick leave.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; termination of employment;
Judgment 3928
125th Session, 2018
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish his post and to terminate his appointment while he was on sick leave.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; permanent appointment; reinstatement; termination of employment;
Judgment 3920
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her fixed-term appointment pursuant to the abolition of her post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; fixed-term; termination of employment;
Judgment 3918
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.
Consideration 5
Extract:
[T]he Director-General accepted in her decision of 17 June 2015 that the complainant had lost an opportunity to be reassigned to another position within the Organization because of a failure, in the reassignment process, to consider the complainant for one of two specified positions. This is not contested by WHO in its reply. The Tribunal’s case law establishes that, in such circumstances, a complainant is entitled to material damages (see, for example, Judgments 3756, consideration 14, 3755, consideration 20, 3754, consideration 21, 3753, considerations 15 and 17, and 3752, consideration 17). [...] At the time of the complainant’s termination of appointment, he had approximately five years remaining employment under his continuing appointment, was 55 years old and had served as an official of WHO for a little over 30 years. These factors influence the assessment of the material damages, particularly the fact that the complainant was some considerable time off retiring. The Tribunal assesses the material damages for this lost opportunity in the sum of 80,000 United States dollars.
Reference(s)
ILOAT Judgment(s): 3752, 3753, 3754, 3755, 3756
Keywords:
abolition of post; loss of opportunity; material damages; termination of employment;
Judgment keywords
Keywords:
abolition of post; complaint allowed; permanent appointment; termination of employment;
Judgment 3917
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; permanent appointment; termination of employment;
Judgment 3916
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his fixed-term appointment pursuant to the abolition of his post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; fixed-term; termination of employment;
Judgment 3913
125th Session, 2018
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment at the end of her probationary period.
Judgment keywords
Keywords:
complaint allowed; decision quashed; probationary period; termination of employment;
Consideration 16
Extract:
In any event, there is no principle that prevents an organisation from deciding not to confirm the appointment of a probationer who is on sick leave.
Keywords:
probationary period; sick leave; termination of employment;
Judgment 3911
125th Session, 2018
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment for unsatisfactory performance.
Consideration 3
Extract:
Precedent has it that in terminating a staff member’s employment, an international organization must follow its own rules. Accordingly, the Tribunal has stated that it would set aside an adverse decision, such as the one in the present case which terminated the complainant’s employment, where the decision was made on the basis of an unsatisfactory rating in an appraisal report for which the applicable procedural rules were not followed (see Judgment 3239, consideration 18).
Reference(s)
ILOAT Judgment(s): 3239
Keywords:
termination of employment; unsatisfactory service;
Consideration 11
Extract:
In consideration 8 [of Judgment 1484], the Tribunal [...] reiterated the principle that an organization may not take action which affects a staff member’s status before she or he is heard. It stated as follows:
“Besides, according to general precepts of administrative law and the law of the international civil service an organization may not unilaterally take action that affects a staff member’s status before letting him have his say: Judgment 1082 […] affirmed that rule in 18: ‘By virtue of their contractual relationship and the trust that therefore prevails between them, an organisation owes its employee a duty to declare its intention of dismissing him and to let him plead his case.’
The same principle was set out in Judgments 1212 [...] under 2 to 4 and 1395 [...] under 6.”
Reference(s)
ILOAT Judgment(s): 1082, 1212, 1395, 1484
Keywords:
general principle; right to reply; termination of employment;
Judgment keywords
Keywords:
complaint allowed; decision quashed; termination of employment; unsatisfactory service;
Judgment 3908
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish his post and terminate his appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; fixed-term; termination of employment;
Judgment 3907
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; termination of employment;
Consideration 3
Extract:
Suffice it to say that decisions to abolish a post and terminate an appointment are separate and distinct decisions.
Keywords:
abolition of post; termination of employment;
Judgment 3905
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his fixed-term appointment.
Consideration 15
Extract:
It is evident that, in its report of 22 February 2016, the Appeals Board viewed the notification of the abolition of the complainant’s position and the termination of his appointment in the letter of 16 June as the communication of a single decision. This was a fundamental error of law. Decisions to abolish a post and terminate an appointment are separate and distinct decisions.
Keywords:
abolition of post; internal appeals body; mistake of law; termination of employment;
Judgment 3904
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his fixed-term appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; termination of employment;
Judgment 3903
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his fixed-term appointment.
Considerations 21-22
Extract:
It is also well settled in the case law that reasons must be given for every administrative decision affecting a staff member’s rights (see, for example, Judgments 2124, under 3, 3041, under 9, and 3617, under 5). As the underlying rationale for the requirement to give reasons is to safeguard the staff member’s rights, the obligation to give reasons is not satisfied by simply stating the statutory ground upon which the decision is taken. The reasons must give an explanation for the decision itself. A staff member needs to know the reasons for a decision so that the staff member can evaluate whether it should be challenged. As well, an internal appeal body must also know the reasons to determine whether the decision is lawful, as must the Tribunal in order to exercise its power of review (Judgment 3617, under 5).
In the present case, the failure to give reasons led to confusion and misunderstanding surrounding the nature of the decision. Further, the absence of reasons for the decision to terminate the complainant’s appointment left the complainant guessing about the reasons for the decision and impeded his ability to challenge it. Alone, this violation of the Staff Regulations and Staff Rules warrants that the impugned decision be set aside.
Reference(s)
ILOAT Judgment(s): 2124, 3041, 3617
Keywords:
duty to substantiate decision; judicial review; termination of employment;
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; termination of employment;
Judgment 3902
125th Session, 2018
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to pay him the indemnity due in the event of the closure of the CDE.
Consideration 11
Extract:
The right which the Tribunal must uphold is the right to remain in employment, not the right to termination thereof. The Tribunal considers that termination of employment must be an ultima ratio measure to which recourse may be had only after all other alternatives have been examined and found to be impracticable (see Judgment 2830, under 8(a)). At all events, continued employment must be preferred to redundancy.
Reference(s)
ILOAT Judgment(s): 2830
Keywords:
abolition of post; organisation's duties; termination of employment;
Judgment 3901
125th Session, 2018
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his contract owing to the closure of the CDE and the terms and conditions of that termination.
Judgment keywords
Keywords:
abolition of post; complaint allowed; permanent appointment; termination of employment;
Judgment 3900
125th Session, 2018
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her contract owing to the closure of the CDE and the terms and conditions of that termination.
Judgment keywords
Keywords:
abolition of post; closure of organisation; complaint allowed; fixed-term; termination of employment;
Judgment 3887
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to dismiss him, for misconduct, with immediate effect and with reduction of pension entitlements.
Consideration 13
Extract:
The complainant’s refusal to fulfill his obligations with regard to his work as an examiner is well-established. However, the President’s decision to dismiss the complainant under Article 93(2)(f) of the Service Regulations is vitiated by the fact that neither the President, nor the Disciplinary Committee could have made a proper assessment of the allegations without taking into account whether the complainant acted intentionally, and in control of his faculties, or if the complainant suffered from a mental illness that prevented him from behaving in accordance with his obligations as a permanent employee.
Keywords:
disciplinary measure; duty of care; health reasons; intention of parties; misconduct; termination of employment; termination of employment for health reasons;
Judgment 3882
124th Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him with immediate effect for misconduct.
Judgment keywords
Keywords:
complaint dismissed; disciplinary procedure; misconduct; termination of employment;
Judgment 3881
124th Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant him sick leave after his dismissal for misconduct.
Judgment keywords
Keywords:
complaint allowed; misconduct; sick leave; termination of employment;
Judgment 3875
124th Session, 2017
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him on disciplinary grounds.
Judgment keywords
Keywords:
complaint dismissed; disciplinary procedure; termination of employment;
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