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Duress (681,-666)
You searched for:
Keywords: Duress
Total judgments found: 12
Judgment 4161
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the validity of a settlement agreement.
Consideration 5
Extract:
WIPO challenges the complaint’s receivability secondly on the grounds that, by signing the settlement agreement, the complainant waived any right to challenge it.
However, since the complainant submits that he entered into that agreement under pressure which invalidated his consent, this question of receivability is, in this case, inseparable from the merits of the case (see Judgments 3424, consideration 12, and 4072, consideration 4). Indeed, the decision on the objection to receivability depends on the legal validity of the settlement agreement, which makes it necessary to consider the complainant’s pleas on the merits (for a similar approach, see Judgments 3610, consideration 6, and 3750, consideration 5).
Reference(s)
ILOAT Judgment(s): 3424, 3610, 3750, 4072
Keywords:
amicable settlement; cause of action; duress; receivability of the complaint;
Judgment keywords
Keywords:
amicable settlement; complaint dismissed; duress;
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 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.
Consideration 8
Extract:
The complainant [...] argues that she was coerced into resigning or did so under duress. While it is true she appears to have had troubled relations with some in her workplace, and indeed she ultimately made a complaint of harassment, conduct of others that she particularised falls well short of establishing coercion or duress which led to her resigning but not as an act of free will.
Keywords:
duress;
Judgment 3867
124th Session, 2017
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the WTO’s decision not to conduct an inquiry into his allegations of harassment.
Consideration 11
Extract:
The complainant submits that he had no intention of leaving the WTO of his own accord, and that he agreed to conclude the agreement only because the WTO’s administration had clearly signalled its intention to terminate his contract at short notice and on less favourable conditions should he refuse to sign. Those assertions are certainly accurate but, as the Tribunal has already found in similar cases, such circumstances are not in themselves sufficient to show that unlawful pressure was exerted on the official concerned (see, for example, Judgments 1075, under 11, 13, 14 and 17, and 3680, under 7 to 10).
Reference(s)
ILOAT Judgment(s): 1075, 3680
Keywords:
duress;
Judgment 3815
124th Session, 2017
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for review of Judgment 3486.
Consideration 9
Extract:
The documents do demonstrate that the complainant vehemently wished to remain at the [Organisation], if at all possible, rather than having to separate from service. However, that unsurprising fact was already apparent from the written evidence submitted to the Tribunal in the original proceedings and, contrary to the complainant’s contention, it in no way implies that he signed the agreement [...] under duress. Indeed, it is perfectly natural that, given the [Organisation]’s stated intention to terminate his appointment, the complainant was led to negotiate with the Organisation’s officials with a view to drawing up a balanced agreement on the conditions of his departure.
Keywords:
duress;
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.
Consideration 7
Extract:
By leading the complainant to believe that she had underperformed, the Global Fund abused its authority and put the complainant under unlawful pressure, which vitiated her consent in signing the separation agreement, which she did under the false impression that she had underperformed. As the offer of a PIP was unlawful, the separation agreement signed by the complainant is null and void on the grounds that she signed it under duress.
Keywords:
abuse of power; duress; misuse of authority;
Judgment keywords
Keywords:
agreed termination; complaint allowed; decision quashed; duress; reinstatement;
Judgment 3680
122nd Session, 2016
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend her contract beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; duress; non-renewal of contract; retirement;
Consideration 9
Extract:
In rejecting a plea of duress, in Judgment 1075, the Tribunal made statements, in considerations 11, 13, 14 and 17, which provide guidance as to when duress might vitiate a signed agreement [...].
Reference(s)
ILOAT Judgment(s): 1075
Keywords:
duress;
Judgment 3661
122nd Session, 2016
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of the transitional allowance paid to her following her admission to the early termination of service scheme.
Judgment keywords
Keywords:
complaint allowed; decision quashed; duress;
Consideration 3
Extract:
In view of the serious disadvantages that the complainant would have suffered in this case had she renounced the possibility of admission to the ETS scheme, she cannot be deemed to have freely consented to sign the aforementioned memorandum of 13 October 2010. She is therefore right in saying that it was under duress that she gave an undertaking to Eurocontrol to accept the exclusion of the ATFCM allowance from the calculation of her transitional allowance and not to impugn this measure before the Tribunal.
The Tribunal will therefore ignore this undertaking, which must be considered null and void, without there being any need to examine whether the request that the complainant sign it was lawful, having regard to the Organisation’s duty to abide by the regulatory texts which it has itself laid down, in accordance with the principle tu patere legem quam ipse fecisti.
Keywords:
duress; patere legem;
Judgment 3610
121st Session, 2016
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former employee of the Global Fund, challenges her separation agreement, alleging irregularities and abuse of authority.
Consideration 8
Extract:
The Global Fund objects that as the complainant could challenge the decision to place her on a PIP, it cannot be considered that she signed the separation agreement under duress. The objection is not convincing. Every unlawful action vitiating consent, by its very nature, can be challenged, but even if it is not challenged this does not exclude the possibility that the consent may be vitiated. It must be noted that the lawfulness of the decision to offer the PIP was not considered to be settled but was a fundamental element of the process which led to the separation agreement. The complainant’s consent was vitiated by the fact that if she did not sign the separation agreement, she would have had to go through the PIP for which she was not eligible. Therefore, the Tribunal considers that the Global Fund imposed undue pressure which persuaded the complainant to consent to the separation agreement.
Keywords:
duress;
Judgment 1075
70th Session, 1991
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
People are often constrained to make decisions, whether on personal or on financial matters, under pressure of circumstances, but any contractual relations they may enter into while under such pressure will not be void or voidable on that account alone. To succeed in his contention that the agreement may not be enforced against him the complainant must show that the pressure under which he says he acted was unlawful.
Keywords:
duress;
Judgment 414
44th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant had a choice between two solutions: either to go ahead with the internal procedure or to enter into a fixed-term contract. He was able to make his choice freely and was not subject to any pressure. "The most that can be said is that there would have been duress had the [organisation] declared a fictitious abolition of the complainant's appointment without limit of time in order to make him consent to a fixed-term appointment. But it did not do so. The abolition of his permanent post formed part of a real reorganisation and was no mere pretext.
Keywords:
abolition of post; acceptance; contract; duration of appointment; duress; fixed-term; permanent appointment; waiver of right of appeal;
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