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Agreed termination (391,-666)
You searched for:
Keywords: Agreed termination
Total judgments found: 25
1, 2 | next >
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allow her to refer to the provisions of the Staff Manual concerning legitimate resignation, which have in any case been repealed, when she did not rely on them at the prescribed time and on the prescribed terms.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 keywords
Keywords:
agreed termination; complaint dismissed;
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 2
Extract:
[T]he Tribunal’s case law states that documents from informal settlement processes are not admissible in the Tribunal as they should not be disclosed in the more formal process (see Judgment 3586, under 5, recently confirmed in Judgment 4457, under 2).
Reference(s)
ILOAT Judgment(s): 3586, 4457
Keywords:
agreed termination; confidentiality; evidence;
Judgment 4223
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns UNESCO’s refusal to grant her claim for a lump sum in lieu of a special post allowance.
Judgment keywords
Keywords:
agreed termination; complaint dismissed;
Judgment 4220
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the rejection of their requests for an agreed separation.
Judgment keywords
Keywords:
agreed termination; complaint allowed;
Consideration 11
Extract:
The complainants’ assertion that they would not have had to be replaced, as evidenced by the fact that most of them were not replaced after their retirement, is unconvincing. Their normally scheduled retirements would naturally give the Organization time to prepare and reorganize the work the complainants were doing, but it does not follow that the ICTP would be equally ready for the simultaneous early separation of six staff members. It is credible that the Organization thought that it might need to hire people to replace them at that time.
Keywords:
agreed termination; motivation;
Judgment 4107
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the withdrawal of an offer of agreed termination.
Judgment keywords
Keywords:
agreed termination; complaint dismissed;
Judgment 4072
127th Session, 2019
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the lawfulness of the mutually agreed separation agreement which he signed.
Judgment keywords
Keywords:
agreed termination; complaint allowed; decision quashed; duress; lack of consent; separation agreement;
Consideration 4
Extract:
The defendant raises an objection to the receivability of the complaint, namely that the complainant, by signing the separation agreement, waived his right to challenge either the validity or the content thereof. However, since the complainant contends that he signed this agreement as a result of misrepresentation and pressure which vitiated his consent, this question of receivability is inseparable from the merits of the case (see Judgment 3424, consideration 12). As is also conceded by the defendant, the decision on the objection to receivability depends on the legal validity of the separation agreement, and this makes it necessary to consider the complainant’s pleas on the merits (see, in this regard, Judgments 3610, consideration 6, and 3750, consideration 5).
Reference(s)
ILOAT Judgment(s): 3424, 3610, 3750
Keywords:
agreed termination; duress; lack of consent; receivability of the complaint; separation agreement; waiver of right of appeal;
Consideration 15
Extract:
Since, under the applicable rules, the participation of the complainant in such a plan, either on account of supposed underperformance in the past or shortcomings in his future role, was not a valid option, it should not have been presented as a possible alternative to the signing of a separation agreement. In proposing this alternative, the Global Fund placed him under undue pressure (see Judgment 3610, consideration 7).
Reference(s)
ILOAT Judgment(s): 3610
Keywords:
agreed termination; duress; separation agreement;
Judgment 4071
127th Session, 2019
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the lawfulness of the mutually agreed separation agreement which they signed.
Judgment keywords
Keywords:
agreed termination; complaint allowed; decision quashed; duress; lack of consent; separation agreement;
Consideration 5
Extract:
The defendant raises an objection to the receivability of the complaints, namely that the complainants, by signing the separation agreements, waived their right to challenge either the validity or the content thereof. However, since the complainants contend that they signed these agreements as a result of misrepresentation and pressure which vitiated their consent, this question of receivability is inseparable from the merits of the case (see Judgment 3423, consideration 13). As is also conceded by the defendant, the decision on the objection to receivability depends on the legal validity of the separation agreements, and this makes it necessary to consider the complainants’ pleas on the merits (see, in this regard, Judgments 3610, consideration 6, and 3750, consideration 5).
Reference(s)
ILOAT Judgment(s): 3423, 3610, 3750
Keywords:
agreed termination; duress; lack of consent; receivability of the complaint; separation agreement; waiver of right of appeal;
Consideration 17
Extract:
Since, under the applicable rules, the participation of the complainants in such a plan, either on account of supposed underperformance in the past or shortcomings in their future role, was not a valid option, it should not have been presented as a possible alternative to the signing of a separation agreement. In proposing this alternative, the Global Fund placed them under undue pressure (see Judgment 3610, consideration 7).
Reference(s)
ILOAT Judgment(s): 3610
Keywords:
agreed termination; duress; separation agreement;
Judgment 4004
126th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of his appeal against the abolition of his post and the termination of his fixed-term appointment, which was filed after he had accepted a mutually agreed separation.
Considerations 6-7
Extract:
Among other issues which he raises, the complainant challenges the legal validity of the Information Circulars, and, by extension, the Principles and Procedures contained therein, under which his post was abolished and he separated from the ICC. He argues that by publishing the Principles and Procedures in the Information Circulars, the Registrar breached the method stipulated for their promulgation as provided in the Presidential Directive ICC/PRESD/G/2003/001 (the Presidential Directive). The Tribunal considered this very question in a detailed analysis in Judgment 3907 and concluded as follows in consideration 26:
“In conclusion, pursuant to the Presidential Directive, the Principles and Procedures should have been promulgated by an Administrative Instruction or, arguably, by a Presidential Directive. As the promulgation of the Principles and Procedures by Information Circular was in violation of the Presidential Directive, they were without legal foundation and are, therefore, unlawful as are the decisions taken pursuant to the Principles and Procedures. It follows that the decisions to abolish the complainant’s position and to terminate the complainant’s appointment were also unlawful and will be set aside.”
This finding also holds for the present complaint, with the result that the decisions to abolish the complainant’s post and to terminate his appointment were unlawful since the Principles and Procedures upon which they were made were promulgated in breach of the process stipulated in the Presidential Directive. The Separation Agreement arose from the implementation of the unlawful Principles and Procedures. The Separation Agreement is therefore unenforceable. In the circumstances, the ICC’s contention that the complaint is irreceivable is unsustainable and is rejected. Accordingly, the decisions to abolish the complainant’s position and to terminate his appointment will be set aside.
Reference(s)
ILOAT Judgment(s): 3907
Keywords:
abolition of post; agreed termination; patere legem; publication;
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.
Consideration 13
Extract:
The allegation that awarding an indemnity higher than that provided for in the Staff Regulations only to staff members who were prepared to sign the settlement agreement and who renounced any right of appeal constitutes an abuse of authority is tantamount to saying that an agreement containing a waiver of the right of any action or appeal would be flawed. This is, however, inconsistent with the case law of the Tribunal which recalled in Judgment 3867, under 5, that “in the context of a settlement, as is the case here, the infringement of an official’s right to appeal or file a complaint is not unlawful. On the contrary, it is entirely acceptable for an official to waive such rights in return for the benefits gained from the settlement. This is, furthermore, common practice in the context of separation agreements, as here”. Naturally, as the same judgment makes clear, the agreement must make provision for benefits over and above those stemming from the applicable staff regulations, otherwise this would amount to improper pressure brought to bear on the official in return for nothing but the organisation’s honouring of its own duties (see Judgment 2715, under 13; see also Judgment 3091, under 13).
Reference(s)
ILOAT Judgment(s): 2715, 3091, 3867
Keywords:
agreed termination; lack of consent; waiver of right of appeal;
Judgment 3750
123rd Session, 2017
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her separation from service under a separation agreement.
Judgment keywords
Keywords:
agreed termination; complaint allowed; decision quashed; duress; reinstatement;
Judgment 3486
120th Session, 2015
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment.
Consideration 4
Extract:
"The cessation of the employment relationship between the defendant organisation and the complainant was mutually agreed by the parties. There is no evidence in the file that the complainant signed this agreement as a result of misrepresentation, mistake or justified fear, or under the pressure of circumstances liable to vitiate his free consent (see, for example, Judgments 1075, under 11 to 14, and 1934, under 6 and 7)."
Reference(s)
ILOAT Judgment(s): 1075, 1934
Keywords:
agreed termination;
Judgment 3424
119th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the impugned implied decision was flawed.
Consideration 12
Extract:
"The defendant raises a second, more fundamental objection to the receivability of the complaint, namely that the complainant, by signing the separation agreement, waived their right to challenge the validity or the content thereof. However, since, as just stated, the complainant contends that he signed this agreement under pressure and misrepresentation that vitiated his consent, the question of receivability is inseparable from the merits of this case."
Keywords:
agreed termination;
Judgment 3401
119th Session, 2015
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the complainant's claim for harassment was irreceivable for failure to exhaust internal means of redress.
Judgment keywords
Keywords:
agreed termination; complaint dismissed; time bar;
Judgment 2368
97th Session, 2004
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In the context of a voluntary staff reduction programme the complainants signed individual letters agreeing to their termination of appointment. Once the agreed termination was concluded, neither the separation itself nor the conditions agreed upon were subject to revision. The complainants were entitled to either a termination indemnity or an end-of-service-allowance, whichever was greater. They received the termination indemnity and want the Organization to pay them the end-of-service-allowance. The Tribunal considers that "each complainant expressly waived his/her right to appeal the separation from service or to seek any form of compensation other than the payments specified in the letter of agreed termination. In view of that waiver, the complainants could not contest an overall financial settlement which [...] did not allow them to claim any further indemnity. The Tribunal finds no misrepresentation on the part of the Organization and considers that the terms of [...] the letters signed by the complainants - which have acquired contractual status - were clear. It therefore rejects the complainants' claims."
Keywords:
acceptance; agreed termination; binding character; compensatory measure; staff reduction; terminal entitlements; termination of employment; waiver of right of appeal;
Judgment 2142
93rd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
The complainants' request for mutually agreed separation was not allowed. "They suggest that a number of staff members who were granted a mutually agreed separation should not have been entitled to benefit from the exercise [...] The complainants request that the Tribunal itself undertake a complete examination of all documents relative to the [...] selection process or, alternatively, that they themselves, or their representative, be allowed to examine the documents.
The Tribunal will not make an order of the type sought. The documents of the [mutually agreed separation] exercise, to the extent that they apply to other staff members, are confidential and the complainants' representative enjoys no privileged position in this regard. Without some evidence to support the complainants' unfounded allegations [...] the Tribunal will not sanction, or itself undertake, a wholesale 'fishing expedition' based on nothing more than the possibility that something may turn up."
Keywords:
acceptance; agreed termination; appointment; competence of tribunal; complainant; confidential evidence; counsel; disclosure of evidence; fishing expedition; iloat; lack of evidence; mistake of fact; official; procedure before the tribunal; refusal; request by a party; right;
Consideration 18
Extract:
"In a selection for a post, the most worthy candidates are selected 'in', i.e. to become members of staff, whereas in a mutually agreed separation exercise these are the very people who are most likely to be selected 'out' i.e. not to be released, in accordance with the requirements of the service. The interest of the organisation, which is paramount in each case, requires that the best candidates be employed and promoted in the first instance, and that they be retained in the organisation's service in the second."
Keywords:
agreed termination; appointment; candidate; competition; organisation; organisation's interest; post; procedure before the tribunal; promotion; qualifications;
Judgment 2098
92nd Session, 2002
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant denies having signed an agreement for the termination of his appointment. He asked for a signed copy of the agreement but the organization cannot provide it. "The facts show beyond all doubt that the complainant accepted the [organization]'s offer. His attitude [is] tantamount to an admission that he did agree to the termination of his appointment. This is further borne out by the fact that he raised no objection when the agreement was implemented. The concurrence and reciprocity between the parties would in itself constitute sufficient evidence that a contract existed even in the absence of proof of a written agreement."
Keywords:
acceptance; agreed termination; complainant; contract; enforcement; evidence; intention of parties; lack of evidence; offer; request by a party;
Consideration 8
Extract:
The complainant's appointment was terminated by mutual agreement. He appears to object that the organization terminated his employment while he was on sick leave. "Although the Tribunal held in Judgment 938 [...] that a staff member cannot be separated while on sick leave, it later pointed out that its ruling was to be seen in context and could not be applied in any circumstances whatever (see Judgment 1494 [...], under 6). The rule being intended to protect the staff member, it cannot be applied where the termination is the subject of an agreement, particularly when it has been mooted by the staff member concerned".
Reference(s)
ILOAT Judgment(s): 938, 1494
Keywords:
agreed termination; case law; condition; contract; exception; iloat; limits; separation from service; sick leave;
Judgment 2072
91st Session, 2001
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant benefited from a voluntary separation programme that the organization had had to implement because of financial difficulties. He is challenging the refusal to consider his request for re-employment. "The organization cannot be taken to task for not considering him for [vacant] posts for which he had not applied, or for not offering him another [post] while it was still in financial straits."
Keywords:
agreed termination; budgetary reasons; competition; failure to answer claim; participation; post; refusal; reinstatement; request by a party; separation from service; vacancy; vacancy notice;
Judgment 2049
91st Session, 2001
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
After lenghty negociations, the complainant accepted the offer of separation by mutual agreement (which increased by 50% his termination indemnity on the condition that he would not challenge the decision of separation either before the Appeals Board or the Tribunal). He pleads lack of consent. "The complainant cites financial difficulties and a 'reactive anxio-depressive clinical context' to demonstrate that he was in no state to consent freely. But the evidence shows that he had been examined by an expert chosen by mutual agreement between his doctor and the chief medical officer of [the organization] and that he had been found fit to resume work as from June 1996. There are no grounds for doubting that the complainant had all his mental faculties when, after lengthy negotiations, he finally accepted an offer which afforded him significant financial benefits. He has neither proved that his consent to the negotiated termination was deficient nor provided any evidence to cast doubt on its validity."
Keywords:
agreed termination; lack of consent; medical fitness; non-renewal of contract; offer; separation from service; terminal entitlements; waiver of right of appeal;
Judgment 1934
88th Session, 2000
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was offered an exceptional separation package on the condition that he not appeal his separation and/or its terms and conditions. He accepted the same day. "There is no evidence that these commitments - which the complainant now appears to regret - were tainted by a fraudulent attitude or pressure from the [organisation]. The complainant accepted the terms and conditions of the settlement that he made with the organisation, some of which were very favourable, and he cannot challenge them now."
Keywords:
abolition of post; agreed termination; good faith; terminal entitlements; termination of employment; waiver of right of appeal;
Judgment 1706
84th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant, placed on special leave without pay following an 'agreed termination' was a candidate in an internal competition. The Organization maintains that she was no longer a staff member at the moment of recruitment. "The Tribunal [...] holds that the 'agreed termination' did not in any way restrict her rights under the Staff Rules, while she remained a staff member, to preference over an outside male candidate in any future competition where qualifications were equal."
Keywords:
agreed termination; appointment; candidate; competition; internal candidate; priority; right; sex discrimination; special leave; staff regulations and rules; unpaid leave;
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