Separation agreement (836,-666)

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Keywords: Separation agreement
Total judgments found: 2

• 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;