Reinstatement (315,-666)
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Keywords: Reinstatement
Total judgments found: 174
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Judgment 4840
138th Session, 2024
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to renew her fixed-term contract due to underperformance after placing her on a three-month Performance Improvement Plan.
Consideration 33
Extract:
The complainant seeks reinstatement in the Organization. The Tribunal considers that, in view of the time that has passed since the events giving rise to this case and the fact that the complainant held a fixed-term appointment, it is not appropriate, in the circumstances, to order her reinstatement. In Judgment 4674, consideration 23, the Tribunal recalled that it was only in exceptional cases that reinstatement might be ordered in a context where the complainant was on a fixed-term contract that has expired (see also, for example, Judgment 4063, consideration 11). The present case is not exceptional.
In addition, the Tribunal cannot ignore that, despite its conclusion that in view of the above-mentioned irregularities and findings the impugned decision of 9 November 2020 and the prior decision of 6 October 2019 must be annulled, the very acrimonious and sometimes never-ending exchanges between the parties establish that the reinstatement of the complainant is no longer possible, nor appropriate or in the interest of either one of the parties. Any reasonable likelihood of the parties being able to establish a satisfactory working relationship with the necessary trust and confidence, despite the conflictual situation that transpired from these numerous exchanges, is simply non-existent.
Reference(s)
ILOAT Judgment(s): 4063, 4674
Keywords:
fixed-term; reinstatement;
Judgment 4784
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgment 4051.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 4051
Keywords:
annual leave; application for execution; complaint allowed; home leave; reinstatement;
Consideration 7
Extract:
[I]nasmuch as it was further to the EPO’s unlawful decision to dismiss the complainant that he was unable to take annual leave between 23 June 2016 and his reinstatement at the end of July 2018 (pursuant to the order in Judgment 4051), he is entitled to be credited with the accrued annual leave for the subject period. For the same reason, he is also entitled to be credited with accrued home leave for the same period.
Reference(s)
ILOAT Judgment(s): 4051
Keywords:
annual leave; home leave; reinstatement;
Judgment 4674
136th Session, 2023
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her for misconduct.
Consideration 23
Extract:
It would not be appropriate to order reinstatement. Almost self-evidently, the necessary trust and confidence between the complainant and PAHO could not be recreated or created to sustain future employment of the complainant with the Organization (see, for example, Judgments 4456, consideration 18, 4310, consideration 13, and 3364, consideration 27). Moreover, the complainant was on a fixed-term contract (which appears to have expired in the meantime), and it is only in exceptional cases that reinstatement might be ordered in that context (see, for example, Judgment 4063, consideration 11). This case is not exceptional.
Reference(s)
ILOAT Judgment(s): 3364, 4063, 4310, 4456
Keywords:
reinstatement;
Judgment 4672
136th Session, 2023
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the title of his post following his reinstatement.
Judgment keywords
Keywords:
administrative decision; complaint dismissed; reinstatement; title of post;
Judgment 4660
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Secretary General’s decision to dismiss him summarily without indemnities on disciplinary grounds.
Consideration 20
Extract:
The Tribunal considers that, in view of the time that has passed since the events giving rise to the case and the fact that the complainant held a fixed-term appointment, and taking into account the fact that the complainant’s misconduct led to a loss of confidence in him by Interpol – as robustly asserted by the Organization in its submissions – which, given the nature of that misconduct, is based on reasons that can only be regarded as legitimate, it is not appropriate, in the circumstances of the case, to order the complainant’s reinstatement in the Organization (see in particular, with regard to the use of these various criteria in assessing the appropriacy of reinstatement in the event that a dismissal on disciplinary grounds is set aside, Judgments 4457, consideration 24, 4310, consideration 13, 4063, consideration 11, and 3364, consideration 27).
Reference(s)
ILOAT Judgment(s): 3364, 4063, 4310, 4457
Keywords:
reinstatement;
Judgment 4659
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him for serious misconduct.
Consideration 8
Extract:
Ordinarily, an official dismissed for disciplinary reasons whose dismissal is set aside is entitled to reinstatement if she or he holds an indeterminate appointment, which the complainant did. However, the Tribunal may decide not to make such an order if reinstatement is no longer possible or if it is inappropriate. According to the Tribunal’s case law, reinstatement may be inappropriate if the official concerned would not be able to establish a satisfactory working relationship with her or his colleagues and supervisors (see Judgments 4622, consideration 15, and 4540, consideration 13).
So it is in this case. The evidence on the file shows that the complainant had a conflictual relationship with many of his colleagues, as well as with his supervisors. His reinstatement in the Organization would therefore raise obvious difficulties and will not be ordered.
Reference(s)
ILOAT Judgment(s): 4540, 4622
Keywords:
disciplinary measure; reinstatement;
Judgment 4622
135th Session, 2023
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment for reasons of health.
Consideration 15
Extract:
[T]he Tribunal will not order the complainant’s reinstatement at the ILO.
Reinstatement appears inappropriate as the evidence shows that, given the nature and extent of the complainant’s functional impairments, there is a significant risk that, even if the ILO were able to identify a position that could be adapted, the Organization would not find the conditions under which the position would be held satisfactory and that the complainant would therefore inevitably be placed in a situation that in reality would not be particularly rewarding and in any event would not allow her to achieve her full potential in her work. From that perspective, the Tribunal considers that, ultimately, in the complainant’s own interests and in view of the many years of employment she could still have ahead, it is objectively preferable that she endeavour to redirect her career towards an occupation that is more naturally compatible with the impairments in question than the administrative roles likely to be offered to her in the Organization.
Moreover, an examination of the file reveals the existence of tension between the complainant and the Organization, borne out by the heated tone of the written submissions exchanged by the parties in the present proceedings, which would undoubtedly make it difficult in practice for the complainant to return to the Office. In that regard, the Tribunal notes that, in its 2014 report, the Invalidity Committee had already observed that the complainant’s reinstatement, while it should certainly “be attempted in the first instance”, would nonetheless be “hard” for her emotionally. As it is, the conflictual nature of her relationship with the Office appears to have only been confirmed, if not exacerbated, since then.
Keywords:
reinstatement;
Judgment 4615
135th Session, 2023
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment.
Consideration 25
Extract:
[T]he complainant expressly states that she does not request reinstatement and therefore the Tribunal shall not order it.
Keywords:
reinstatement;
Judgment 4595
135th Session, 2023
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer him to another duty station.
Consideration 7
Extract:
The Appeals Committee correctly concluded that having resigned of his own free will and no longer being in his post, the complainant had deprived himself of the right to be reinstated.
Keywords:
reinstatement; resignation;
Judgment 4579
135th Session, 2023
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to discharge him.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; disciplinary measure; reinstatement; sexual harassment;
Consideration 7
Extract:
The complainant seeks reinstatement. As a rule, an official dismissed on disciplinary grounds whose dismissal is set aside is entitled to be reinstated. However, the Tribunal may refuse to make such an order if reinstatement is no longer possible or if it is inappropriate. According to the Tribunal’s case law, reinstatement is inadvisable when an employer has valid reasons for losing confidence in an employee (see Judgment 4310, consideration 13).
In the present case, considering that the complainant held a permanent appointment and that the sanction of discharge has been annulled, the order of reinstatement is possible and appropriate.
Reference(s)
ILOAT Judgment(s): 4310
Keywords:
reinstatement;
Judgment 4540
134th Session, 2022
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her dismissal as a result of disciplinary proceedings.
Consideration 13
Extract:
The complainant seeks reinstatement. In all the circumstances and particularly having regard to the three matters referred to in the preceding consideration and notably the third, it is more likely than not that the complainant will not establish a satisfactory working relationship with her colleagues and supervisors in PAHO (see Judgment 4310, consideration 13), if reinstated. Nonetheless, the complainant has lost a valuable opportunity to continue in employment with PAHO and it cannot be assumed there is no prospect at all, of her entirely abandoning her confrontational, rude and disagreeable behaviour. She is entitled to material damages for this loss […].
Reference(s)
ILOAT Judgment(s): 4310
Keywords:
loss of opportunity; material injury; reinstatement;
Judgment 4518
134th Session, 2022
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his non-appointment to a fixed-term position and the non-renewal of his short-term contract, as well as the organisation’s refusal to conduct an investigation into the allegations of harassment made against him which, according to him, form the basis of the non-appointment and non-renewal decisions.
Consideration 10
Extract:
Whilst in the circumstances of this case it would be impracticable to order the complainant’s reinstatement, ITU will be ordered to compensate him because he was denied the opportunity to be appointed to the advertised post on a two-year contract in circumstances where he was the only candidate whom the Director of TSB and the Chief of Department had […] recommended to fill the post after the selection procedure. But for the unsubstantiated allegations, it is very difficult to avoid the conclusion that he would have been appointed.
Keywords:
harassment; investigation; loss of opportunity; reinstatement;
Judgment 4513
134th Session, 2022
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to convert his appointment as a graduate when it expired and to terminate it.
Consideration 11
Extract:
The Tribunal cannot grant the complainant’s principal claim for reinstatement. Having regard to the wording and scheme of the abovementioned provisions of Article 6 of Annex Xa to the Staff Regulations, the setting aside of the impugned decision does not necessarily entail the conversion of the complainant’s appointment as a graduate into an appointment for an undetermined period or at least a limited period.
Keywords:
reinstatement;
Judgment 4511
134th Session, 2022
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the new final decision made pursuant to the Tribunal’s order in Judgment 3905 concerning the decision to terminate his fixed-term contract.
Consideration 5
Extract:
[A]s the complainant’s employment, but for the abolition of his post, was due to expire on 31 December 2016, it would be inappropriate to order the complainant’s reinstatement (see Judgment 3908, consideration 21).
Reference(s)
ILOAT Judgment(s): 3908
Keywords:
reinstatement;
Judgment 4491
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her with immediate effect for serious misconduct.
Judgment keywords
Keywords:
complaint allowed; family allowance; misconduct; reinstatement; summary dismissal;
Consideration 22
Extract:
The principal relief sought by the complainant is an order for reinstatement. No specific submission is made by the EPO in its pleas that, in the event that the complainant demonstrates her dismissal was unlawful, she nonetheless should not be reinstated. It is, in the circumstances, the appropriate relief (see Judgment 4043, consideration 25). The original decision to dismiss her and the impugned decision should be set aside. The complainant will be reinstated as from the date of public delivery of this judgment. The Tribunal has approached the determination of the date of reinstatement, in the unusual circumstances of this case, having regard to the point made by the Disciplinary Committee, namely that the complainant should have been more forthcoming about her personal situation.
Reference(s)
ILOAT Judgment(s): 4043
Keywords:
effective date; reinstatement;
Consideration 24
Extract:
[The complainant] seeks an order lifting the ban concerning access to EPO’s premises. Access will be a necessary consequence of the order of reinstatement.
Keywords:
house ban; reinstatement;
Judgment 4481
133rd Session, 2022
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend her appointment at the end of her period of probation.
Consideration 13
Extract:
[T]he complainant asks the Tribunal to order the ILO to reintegrate her and to extend her contract as of 1 July 2018 to cover any period of certified sick leave, to which she may have been entitled, and to allow her to return to work and complete her period of probation once she is certified fit to work. However, having regard to the time that has passed since the complainant separated from service and the fact that it cannot be said with certainty that her appointment would have been confirmed but for the irregularities noted above, the Tribunal considers that it is not appropriate to order the reinstatement that the complainant seeks. The complainant was aware that the probation period was intended to assess her suitability for her post and that her appointment was on a trial basis.
Keywords:
reinstatement;
Judgment 4474
133rd Session, 2022
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application to review Judgment 4360.
Consideration 4
Extract:
The fresh evidence adduced in the surrejoinder was [...] deployed by the Tribunal to assess and decide what relief was appropriate. Necessarily that decision must be made by reference to facts and circumstances known at the time of the assessment, which may include facts and circumstances that were not known when the decision to dismiss was made. Very commonly this would entail an assessment, in a case of unlawful dismissal, whether an order of reinstatement was appropriate. That, in turn, often raises for consideration the passage of time between the dismissal and when a remedy is being considered, including the possible prejudice to the organisation if reinstatement were ordered. While this case was extremely unusual if not extraordinary, it simply cannot be suggested that the fresh evidence in this case was not relevant to remedy. It was and that was the use made of it by the Tribunal.
Keywords:
effective date; evidence; reinstatement; surrejoinder;
Judgment 4457
133rd Session, 2022
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss him.
Consideration 24
Extract:
In view of the time which has passed since the events, the complainant’s age on the date of this judgment and the fact that he was employed under a fixed-term appointment, the Tribunal finds that it is not appropriate, in the circumstances of the case, to order the complainant’s reinstatement in the Organization.
Keywords:
reinstatement;
Judgment 4456
133rd Session, 2022
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss her for misconduct.
Consideration 18
Extract:
Having regard to the circumstances in which she was summarily dismissed, it is extremely unlikely a satisfactory working relationship could be established between the complainant and those who facilitated that dismissal, including the incumbent Secretary-General (see Judgment 4310, consideration 13). Accordingly no order of reinstatement should be made.
Reference(s)
ILOAT Judgment(s): 4310
Keywords:
reinstatement;
Judgment 4415
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to impose upon him the disciplinary measure of dismissal for misconduct.
Consideration 15
Extract:
The complainant seeks an order of reinstatement. It is inappropriate to make such an order. The Tribunal accepts that the complainant’s conduct is likely to have seriously compromised the trust between him and the EPO. To make an order reinstating the complainant would place both the complainant and the Organisation in a position where the material conduct founding the charges, or similar conduct, might be repeated. Additionally, the complainant himself admitted in his complaint brief that his illness has “dramatically impacted upon his ability to carry out his tasks as an employee of the EPO”.
Keywords:
reinstatement;
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