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Terminal entitlements (352,-666)
You searched for:
Keywords: Terminal entitlements
Total judgments found: 52
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Judgment 4596
135th Session, 2023
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to pay him a termination indemnity upon the expiry of his fixed-term appointment.
Judgment keywords
Keywords:
complaint dismissed; terminal entitlements;
Judgment 4587
135th Session, 2023
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of her fixed-term appointment.
Considerations 19-20
Extract:
[I]t is worth recalling that the case law of the Tribunal has often reiterated that an employee on a fixed-term contract does not have a right to the renewal of the contract when it expires (see, for example, Judgments 4462, consideration 18, 3586, consideration 6, and 3448, consideration 7), and that the Tribunal’s scope of review is limited when an organization decides not to extend or renew a fixed-term appointment (see Judgment 3948, consideration 2, and the case law cited therein).
The claims of the complainant for the payment of termination indemnities, which rely on the provisions of Staff Regulation 9.1.2 that apply in situations of termination of an appointment as opposed to non-renewal of a fixed-term contract, must consequently be rejected.
Reference(s)
ILOAT Judgment(s): 3448, 3586, 3948, 4462
Keywords:
fixed-term; non-renewal of contract; terminal entitlements;
Judgment 4218
129th Session, 2020
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew her fixed-term contract.
Consideration 9
Extract:
The seventh and final argument is that the defendant organization failed to provide the complainant unemployment benefits. No legal foundation obliging the payment of any such benefits has been established.
Keywords:
terminal entitlements;
Judgment 4215
129th Session, 2020
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to confirm his appointment at the end of his probation period.
Consideration 28
Extract:
OTIF is, however, obliged to pay the complainant the sums mentioned above which it has acknowledged that it owes him. Indeed, the fact that, as OTIF points out, the complainant did not accept the above-mentioned final balance of all accounts cannot release it, in any event, from its obligation to pay him the indemnities to which he is entitled.
Keywords:
terminal entitlements;
Judgment 4165
128th Session, 2019
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to pay her certain entitlements upon separation from service.
Judgment keywords
Keywords:
complaint dismissed; terminal entitlements;
Judgment 4152
128th Session, 2019
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the circumstances in which he was separated from service upon the expiry of his special leave without pay, and the refusal to pay him a termination indemnity.
Judgment keywords
Keywords:
complaint dismissed; terminal entitlements; termination of employment;
Judgment 3990
126th Session, 2018
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to terminate her fixed-term contract and to refuse to pay her the termination indemnity.
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; terminal entitlements; termination of employment;
Judgment 3827
124th Session, 2017
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal to grant her the lump sum paid to servants whose application to resign is accepted.
Judgment keywords
Keywords:
complaint dismissed; terminal entitlements;
Judgment 3738
123rd Session, 2017
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject his claim for a termination indemnity.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; terminal entitlements;
Judgment 3616
121st Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term contract and the refusal to grant her a termination indemnity.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; fixed-term; non-renewal of contract; terminal entitlements;
Judgment 3588
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of damages awarded by WHO following his internal appeal against the decision not to match him to a new position after the abolition of his post and to terminate his appointment.
Consideration 13
Extract:
"The last matter [...] is whether the complainant was entitled to a termination indemnity under Staff Rule 1050.10 on the basis that he had 11 years of service (interrupted by a period of employment outside WHO) rather than four years of relevant service, which was the basis upon which WHO assessed his entitlement. It is unlikely that the years of service referred to is the entire period of service broken by other employment. That is because a staff member who was terminated would be entitled to payment under the provision by reference to prior uninterrupted service, but if re-employed and again later terminated would, on the complainant’s approach, be entitled to termination indemnity on the second occasion by reference to the period for which such a payment had already been made."
Keywords:
terminal entitlements;
Judgment 3448
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint because the non-renewal of a fixed-term contract is discretionary.
Consideration 6
Extract:
"[A]s the Tribunal has stated in Judgment 2171, under 4, the non-renewal of a fixed-term contract is not the same thing as termination and does not give rise to any termination indemnity."
Reference(s)
ILOAT Judgment(s): 2171
Keywords:
fixed-term; non-renewal of contract; terminal entitlements;
Judgment 3154
114th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The ITU applies for interpretation of paragraph 2 of the decision in Judgment 2958 concerning the definition of "gross salary" for the calculation of termination indemnity.
Judgment keywords
Keywords:
application for interpretation; complaint allowed; gross salary; terminal entitlements;
Judgment 3131
113th Session, 2012
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; terminal entitlements;
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 2198
94th Session, 2003
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
The complainant worked, from 1993 to 2000, under a series of short-term contracts of varying durations. "It was clearly within the discretionary authority of the Director-General to decide whether to renew the complainant's short-term contract or offer him a fixed-term contract. The complainant cannot now claim to be treated retroactively as if he had a fixed-term contract; he was at all times a short-term staff member (see, for example, Judgment 2107, under 10). [...] Precedent has it that, at the discretion of the executive head, a temporary appointment may be extended or converted to a fixed-term appointment, but it does not carry any expectation of, nor imply any right to, such extension or conversion and shall, unless extended or converted, expire according to its terms, without notice or indemnity (see, in particular, Judgment 1560, under 4)."
Reference(s)
ILOAT Judgment(s): 1560, 2107
Keywords:
contract; discretion; duration of appointment; executive head; fixed-term; non-renewal of contract; non-retroactivity; notice; right; short-term; successive contracts; terminal entitlements;
Judgment 2171
94th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The non-renewal of a fixed-term contract is not the same thing as termination and does not give rise to any termination indemnity."
Keywords:
contract; difference; fixed-term; non-renewal of contract; terminal entitlements; termination of employment;
Judgment 2103
92nd Session, 2002
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 10
Extract:
"An organisation may try by all legal means to recover any money a staff member may owe it when he or she leaves service. But that does not entitle it to suspend or block consideration of the staff member's pension entitlements. [...] However, [the organization] was right to defer consideration of the complainant's entitlement to a repatriation allowance."
Keywords:
debt; organisation's duties; pension; pension entitlements; repatriation allowance; separation from service; terminal entitlements;
Judgment 2088
92nd Session, 2002
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
The complainant seeks "a termination indemnity under Rule 109.5 which does not deal with indemnities. These are in fact dealt with under 109.7 [...] the question of a termination indemnity was not argued before the Tribunal probably because the complainant did not cite the number of the Staff Rule correctly. The Tribunal considers that the question of a claim under 109.7 (mistakenly referred to as 109.5) should be returned to the parties for argument on this single issue".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 109.5 UNESCO STAFF RULE 109.7
Keywords:
adversarial proceedings; complainant; enforcement; iloat; provision; remand; request by a party; staff regulations and rules; terminal entitlements;
Judgment 2080
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant's contract was not renewed upon expiry. "Interim Staff Rule 4.4.02(b) provides that separation as a result of the expiration of an appointment shall not be regarded as a termination [...] Rule 9.1.01(b) defines termination [...] as any separation initiated by the Director-General, other than the expiration of a contract. Therefore, the question of any termination indemnity payable to the complainant does not arise."
Reference(s)
Organization rules reference: OPCW INTERIM STAFF RULE 4.4.02(B), OPCW INTERIM STAFF RULE 9.1.01(B)
Keywords:
consequence; contract; decision; definition; difference; executive head; non-renewal of contract; official; provision; separation from service; staff regulations and rules; terminal entitlements; termination of employment;
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