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Resignation (385,-666)
You searched for:
Keywords: Resignation
Total judgments found: 24
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Judgment 4665
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, whose post was reclassified retrospectively, claims compensation for the injury he considers he has suffered and requests that his resignation be redefined as a dismissal.
Judgment keywords
Keywords:
complaint allowed; constructive dismissal; post classification; resignation;
Judgment 4662
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Secretary General’s decision to reject her application for voluntary departure and her claim for compensation for “legitimate resignation”.
Consideration 22
Extract:
The complainant may well regret the fact that she was not able to participate in the Organization’s voluntary departure programme but, as Interpol’s bad faith or malice has not been proven, she was not entitled to do so. It is clear from the complainant’s application that she was keen to leave the Organization for personal and family-related reasons and therefore to terminate her appointment. Although she had taken that decision, she was not entitled to a voluntary resignation under the favourable terms of the programme. The Organization’s refusal is not sufficient to categorise her voluntary resignation as a constructive dismissal and does not allow her to refer to the provisions of the Staff Manual concerning legitimate resignation, which have in any case been repealed, when she did not rely on them at the prescribed time and on the prescribed terms.
Keywords:
agreed termination; constructive dismissal; resignation;
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 4490
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of damages awarded for the unlawful decision not to renew her fixed-term contract as a Principal Director and to reinstate her in a lower-level post instead.
Consideration 18
Extract:
The complainant’s claim to moral damages is not dependent on the complainant proving harassment, as the Appeals Committee believed. It is tolerably clear from the terms of the complainant’s letter of resignation of 29 April 2014 and the contemporaneous medical certificate from her treating physician (the contents of neither, as they related to the effect of events on the complainant, were challenged by the EPO) that the decision to abolish her post and not to renew her Principal Director contract had a serious and negative effect on the complainant’s health and well-being culminating in her resignation.
Keywords:
moral injury; non-renewal of contract; resignation;
Judgment 4053
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to refuse her request to withdraw her resignation.
Judgment keywords
Keywords:
complaint dismissed; resignation;
Considerations 5, 6, 9
Extract:
The central legal issue, the validity of the resignation, is also, in a sense, a threshold issue. If the complainant cannot demonstrate the resignation was legally ineffective then the impugned decision is of no legal consequence or significance. [...]
One authoritative judgment of the Tribunal on these questions is Judgment 856. Several related principles emerge from this judgment. The first is that a resignation comes into effect when it is accepted by the employer. The second is that once the resignation has come into effect it cannot be withdrawn unless the offer to resign was tainted with some flaw that renders it void. If the alleged flaw is that the individual purporting to resign was suffering from a psychological illness, then the individual, as a complainant, has to adduce precise, cogent and consistent evidence to show that the consent was lacking. [...]
The complaint is unfounded. The complainant offered to resign and the offer was accepted. The legal effect was a resignation from which the complainant could not resile and which cannot now be voided.
Reference(s)
ILOAT Judgment(s): 856
Keywords:
acceptance; resignation;
Judgment 3592
121st Session, 2016
International Olive Oil Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, whose letter of resignation has not been formally accepted, challenges the decision of the Executive Director of the IOOC requiring him, inter alia, to vacate his office.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; procedure before the tribunal; resignation;
Judgment 2285
96th Session, 2004
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[T]he Tribunal considers that it need not ascertain whether procedural irregularities were committed by the Ombudsperson, since the latter merely put forward a proposal which did not constitute a decision and which was addressed exclusively to the complainant, inviting her to relinquish her management responsibilities, that is, to resign. The only decision the complainant can challenge is precisely that which she alleges was unlawful, namely the decision [taken on behalf of the Director-General to release her from her position], which was independent of the Ombudsperson's proposal. Even though there is no doubt that it was the outcome of the Ombudsperson's investigations which led the [...] authorities to take the challenged decision, the lawfulness of that decision must be assessed independently of the Ombudsperson's proposal."
Keywords:
advisory body; decision; procedural flaw; procedure before the tribunal; recommendation; resignation; submissions; transfer;
Judgment 2146
93rd Session, 2002
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
The Invalidity Committee was constituted of two doctors respectively appointed by the organization and the complainant and of a third member chosen by mutual agreement between the first two doctors. The doctor appointed by the complainant resigned. He appointed another but challenges the fact that the third member was not rechosen. "It is clear [...] that if a member is replaced, the appointment should be by the same person or persons who originally appointed the member who has left. The complainant is wrong to liken the Invalidity Committee to an arbitral body that must always have representation from each side and must always be presided by someone chosen by the parties' representatives. The Invalidity Committee is a statutory body and once regularly constituted, it has the powers vested in it by the rules. The appointments to it do not become invalid simply by reason of the departure of a member."
Keywords:
composition of the internal appeals body; consequence; disability benefit; invalidity; medical board; pension entitlements; resignation;
Judgment 1818
86th Session, 1999
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The provisions of the Statute and Staff Rules aiming at protecting staff members against termination in the course of sick leave do not prevent an organization from accepting, during such leave, the letter of resignation of a staff member, if the latter wrote his letter of his own free will.
Keywords:
acceptance; condition; lack of consent; resignation; sick leave; staff regulations and rules; termination of employment;
Judgment 1509
81st Session, 1996
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant was assigned to a joint service of the United Nations and UNIDO at Vienna. The service was under UNIDO management. But "it was the United Nations that offered him both the appointments which he had while he was at Vienna, and it was to the United Nations that he addressed his acceptance of each offer, thereby concluding a contract of employment with the UN. Indeed that is why he addressed his letter of resignation to the Secretary-General of the UN. True, he addressed it to the Director-General of UNIDO as well, but that was merely in recognition of UNIDO's supervision of his work and did not mean that the un had ceased to be his employer. In sum, he was an official, not of UNIDO, but of the UN."
Keywords:
acceptance; appointment; complainant; contract; offer; official; organisation; resignation;
Judgment 1341
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The complainant seeks an order cancelling his resignation, which the organisation accepted. [...] This claim is irreceivable because he has failed to avail himself of the internal means of redress provided under [...] the service regulations and so to satisfy the condition of receivability laid down in Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
acceptance; application for quashing; iloat statute; internal remedies exhausted; new claim; offer; receivability of the complaint; resignation; staff regulations and rules;
Judgment 1269
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
Having held that an official might act in his capacity as representative of the Staff Association in furtherance of common interests before the Tribunal, the Tribunal holds that "it is only fair to acknowledge a similar right for a staff member who, while defending his own case, is also pursuing some particular common interest that the Service Regulations safeguard", even after resigning.
Keywords:
locus standi; resignation; right of appeal; staff regulations and rules; staff representative;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Interpol would have acted in breach of an official's acquired rights had it required him to choose between compulsory transfer and straightforward resignation, together with the consequences of resignation."
Keywords:
acquired right; resignation; transfer; transfer of headquarters;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
acquired right; resignation; transfer; transfer of headquarters;
Judgment 918
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant argues that his resignation was merely received, not accepted by the organisation. The Tribunal observes that the terms of the recipient's written response leave no room for doubt: the resignation was well and truly accepted by the organisation.
Keywords:
acceptance; complainant; offer; organisation; resignation;
Judgment 856
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
There are also several general principles that will apply even where there is no express rule, and one of them is that the offer may be withdrawn so long as it has not come into effect through acceptance by the employer."
Keywords:
acceptance; application for quashing; offer; resignation;
Consideration 2
Extract:
"All that Unesco's rules say on the matter is that the holder of an indeterminate appointment, like the complainant, may resign by giving three months' notice and that the Director-General may, at his discretion, accept resignation at shorter notice."
Keywords:
discretion; executive head; notice; resignation;
Consideration 3
Extract:
"A resignation that has taken effect is final and may not be withdrawn unless the offer was tainted with some flaw that makes it void. There will ordinarily be such a flaw if the staff member underwent compelling outside pressure. [...] But more commonly the pressure will come from the employer."
Keywords:
application for quashing; condition; lack of consent; offer; resignation;
Consideration 2
Extract:
"According to general principles that apply to the international civil service an official may at any time offer his resignation without explanation. But to protect the organisation's rights as employer the offer takes effect only when accepted."
Keywords:
acceptance; general principle; international civil service principles; offer; resignation;
Judgment 686
57th Session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant altered an appraisal report on her own performance. After being criticised for her conduct by a supervisor, she tendered her resignation. The complainant claims to have acted under pressure. In the view of the Tribunal, she had ample time to consider whether or not to resign. Her resignation is therefore valid.
Keywords:
lack of consent; offer; resignation;
Judgment 662
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaint does not allege the non-observance of any term of appointment or of any staff regulation. The Tribunal is therefore not competent to hear it." The complainant tendered his resignation and discharged no further duties. He claims damages equivalent to the amount of his salary for the period from his resignation to what would have been the end of his contract. He considers that the organization treated him unfairly upon his departure.
Keywords:
competence of tribunal; receivability of the complaint; resignation; separation from service;
Judgment 309
38th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's resignation, "which he gave of his own free will and without duress, was fully valid in law. It may have been given somewhat lightly, but the complainant is alone responsible and that fact does not vitiate its legal validity."
Keywords:
complainant; lack of consent; offer; resignation;
Considerations
Extract:
It appears that "because of her attitude [the secretary] ought long before to have been compulsorily transferred [...] and the complainant [as her supervisor] behaved with great and unfailing propriety. But it cannot be said that the effect of [the secretary's] regrettable behaviour and of the [...] Director's equally regrettable inaction was either to put the complainant in a position which in practice precluded his continuing as chief of unit [...] or to impair his free will."
Keywords:
complainant; consequence; lack of consent; resignation; supervisor; working relations;
Judgment 263
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In refusing to promote officials who had resigned the Director-General did not draw any clearly mistaken conclusion from the situation of such officials. Promotion may have two consequences: either a salary increase with new duties and greater responsibilities; or salary increase alone. "In the former case promotion would serve no purpose: the official who had resigned would remain for too short a time in the higher grade to which he had been promoted to perform the duties of the new post. In the latter case the decision not to promote the official is also warranted: [the] purpose [of promotion] is not merely to reward the official for past and present performance but also generally to encourage him to remain for a long period in the service of his employer."
Keywords:
consequence; organisation; promotion; purpose; refusal; resignation; separation from service;
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