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Separation from service (378, 379, 380, 381, 382, 649, 383, 384, 385, 386, 387, 388,-666)
You searched for:
Keywords: Separation from service
Total judgments found: 99
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Judgment 4704
136th Session, 2023
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the determination made on his Clearance Certificate, upon his separation from service, that there was no medical reason to believe that he was incapacitated due to illness constituting an impairment to health likely to be permanent or of a long duration, as well as the decision to separate him from IAEA while on sick leave.
Judgment keywords
Keywords:
complaint dismissed; medical certificate; separation from service;
Judgment 4654
136th Session, 2023
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks a redefinition of his employment relationship and the setting aside of the decision not to renew his employment contract.
Consideration 16
Extract:
[T]he decision to separate the complainant from service was taken by WIPO on the grounds that, in its view, most of the requirements which the complainant’s employment had met had gradually disappeared, so there was no reason to renew his contract. While, as the Organization correctly observes, staff members with temporary appointments do not hold budget posts, the Tribunal considers that the disappearance of the functions performed by the holder of such an appointment is still an abolition of post within the meaning of the applicable case law, in any event in the case of functions that have been performed on a continuous basis. It follows that, although WIPO was not under an obligation to redeploy the complainant, it was nevertheless required, in view of the length of his employment relationship with the Organization, to explore with him other employment options prior to his separation, even though the measure at issue was not a termination of a current appointment (see, for comparable situations, Judgments 3159, consideration 20, and 2902, consideration 14).
Reference(s)
ILOAT Judgment(s): 2902, 3159
Keywords:
abolition of post; fixed-term; non-renewal of contract; reassignment; reclassification; separation from service;
Judgment 3832
124th Session, 2017
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to pay accrued annual leave as part of her separation entitlements.
Judgment keywords
Keywords:
complaint dismissed; separation from service;
Judgment 3612
121st Session, 2016
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After her separation from service in December 2012 on the basis of a separation agreement, the complainant challenges the Global Fund’s failure to follow the proper procedure with respect to her performance appraisal report for 2011.
Judgment keywords
Keywords:
complaint dismissed; performance report; separation from service;
Judgment 3611
121st Session, 2016
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant signed a separation agreement with the Global Fund that, according to him, was not honored.
Judgment keywords
Keywords:
complaint dismissed; separation from service;
Judgment 3505
120th Session, 2015
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her sick leave entitlement beyond the date on which her appointment expired.
Judgment keywords
Keywords:
case sent back to organisation; complaint dismissed; failure to exhaust internal remedies; separation from service; sick leave;
Judgment 3436
119th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of her post in the context of the CTA restructuring, the complainant successfully impugns the decision to terminate her appointment.
Consideration 6
Extract:
The Tribunal’s case law has consistently upheld the principle that an international organisation may not terminate the appointment of a staff member whose post has been abolished, at least if he or she holds an appointment of indeterminate duration, without first taking suitable steps to find him or her alternative employment (see, for example, Judgments 269, under 2, 1745, under 7, 2207, under 9, or 3238, under 10). As a result, when an organisation has to abolish a post held by a staff member who, like the complainant in the instant case, holds a contract for an indefinite period of time, it has a duty to do all that it can to reassign that person as a matter of priority to another post matching his or her abilities and grade. Furthermore, if the attempt to find such a post proves fruitless, it is up to the organisation, if the staff member concerned agrees, to try to place him or her in duties at a lower grade and to widen its search accordingly (see Judgments 1782, under 11, or 2830, under 9).
Reference(s)
ILOAT Judgment(s): 269, 1745, 2207, 3238
Keywords:
permanent appointment; redeployment; reorganisation; separation from service;
Judgment 3290
116th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.
Consideration 35
Extract:
[A]s the Director-General’s decision [...] confirming the termination of the complainant’s appointment was based on relevant evidence not disclosed to the complainant as was the Regional Director’s earlier decision [...], they must be set aside, the latter to the extent that it relates to the complainant’s separation from service. In view of the passage of time, reinstatement is not a viable option. However, the complainant is entitled to an award of damages [...].
Keywords:
material damages; reinstatement; separation from service;
Judgment 3282
116th Session, 2014
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.
Consideration 8
Extract:
Considering reinstatement could raise substantial practical difficulties because of the time that has elapsed since the complainant’s separation from service, the complainant is “entitled to full compensation for the material and moral injury he sustained” (see Judgment 1386, under 26).
Reference(s)
ILOAT Judgment(s): 1386
Keywords:
material injury; moral injury; reinstatement; separation from service;
Judgment 3055
112th Session, 2012
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
budgetary reasons; complaint allowed; decision quashed; separation from service; termination of employment;
Judgment 3018
111th Session, 2011
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[A repatriation] grant [...] is intended to assist internationally recruited staff members in the efforts required of them if they decide, at the end of their employment, to return to their country of origin with the intention of establishing themselves there."
Keywords:
decision; definition; non-local status; official; place of origin; purpose; repatriation allowance; separation from service;
Judgment 2903
108th Session, 2010
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 to 11
Extract:
The complainant submits that the rejection of his second appeal on receivability grounds was incorrect. He argues that the breach of the Organisation's duty of care could only become apparent in the months or years that followed his separation from service and he considers that it had taken a decision against him, i. e. the decision to exclude him from a competition for a post, though it did not convey that decision to him.
"The Tribunal finds that the complaint is irreceivable. Staff Rule 212.02 provides that a former staff member may bring an internal appeal against administrative decisions in accordance with Staff Regulation 12.1. That latter provision limits the internal appeal procedure to appeals of administrative decisions in relation to the non-observance of the terms of appointment, including all pertinent regulations and rules."
"In the present case, the complaint arises from circumstances occurring after the complainant's separation from UNIDO and, therefore, is excluded by the Staff Regulations and Rules."
"Further, although former officials may file complaints with the Tribunal, the Statute limits the Tribunal's jurisdiction to complaints alleging the non-observance of an official's terms of appointment and such provisions of the relevant Staff Regulations applicable to the case."
Keywords:
candidate; competence of tribunal; competition; internal appeal; non official; ratione personae; receivability of the complaint; right of appeal; separation from service; status of complainant; time bar;
Judgment 2895
108th Session, 2010
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 19 and 20
Extract:
The complainant challenged WHO's decision to "waive" in her case the medical examination on separation provided for in Staff Rule 1085. The Tribunal held that the exit medical examination is a mandatory part of the separation protocol. It awarded the complainant moral damages.
"Staff Rule 1085 reads:
"A staff member shall be examined immediately prior to his departure by the Staff Physician or by a physician designated by the Organization. If a staff member fails to undergo this medical examination within a reasonable time limit fixed by the Organization, then claims against the Organization arising out of illness or injury which allegedly occurred before the effective date of separation shall not be entertained; furthermore, the effective date of separation shall not be affected."
"The wording of the above provision makes it clear that a medical examination is mandatory. It follows from the mandatory nature of the medical examination on separation, coupled with the fact that it engages the interests of both parties and not just those of the Organization, that WHO could not unilaterally decide that in the circumstances the requirement of Staff Rule 1085 had been fulfilled. Although that rule contemplates the situation where a staff member fails to undergo the exit medical examination, it also sets out the potentially adverse consequence that the lack of such an examination may have for the staff member in question."
Reference(s)
Organization rules reference: Staff Rule 1085
Keywords:
medical examination; organisation's duties; separation from service; staff member's duties; staff member's interest;
Consideration 22
Extract:
"The Organization's assertion that the complainant did not specifically request to have an exit medical examination is correct. However, the exit medical examination requirement is not contingent on a staff member requesting to have the examination; it is a mandatory part of the separation protocol."
Keywords:
medical examination; organisation's duties; separation from service; staff member's duties; staff member's interest;
Consideration 23
Extract:
"The Tribunal finds that WHO's unilateral decision to "waive" the exit medical examination constitutes a violation of Staff Rule 1085. It also finds that, although there is no evidence that the decision was motivated by malice, the manner in which the Organization dealt with this issue was an affront to the complainant's dignity."
Keywords:
medical examination; organisation's duties; respect for dignity; separation from service; staff member's duties; staff member's interest;
Judgment 2850
107th Session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[T]he decision not to renew the complainant's contract, issued on 18 July 2007 and effective as of 30 November, preceded his actual separation from service by more than four months. The Tribunal is of the view that in the present case that period of time was long enough for it to be deemed to comply with [the Organization's obligation to give the complainant reasonable notice]."
Keywords:
contract; date; effect; non-renewal of contract; notice; organisation's duties; separation from service;
Judgment 2840
107th Session, 2009
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"WHO Staff Regulations and Staff Rules governing the internal appeal process only refer to a «staff member» and not to a «former staff member». However, Staff Rule 1240.2, which stipulates the conditions for recourse to the Tribunal, does not refer to a «staff member» but to a «person». [...] This is also consistent with Article II, paragraph 6, of the Statute of the Tribunal, according to which the Tribunal shall be open to an official, even if his employment has ceased."
Reference(s)
ILOAT reference: Article 2, paragraph 6, of the Statute
Keywords:
internal appeal; right of appeal; separation from service; staff regulations and rules; status of complainant;
Consideration 14
Extract:
"The Tribunal rejects WHO's reliance on its letter [...] as being a communication of a decision that the complainant would not need to have an exit medical examination. There is no basis upon which it could be inferred from the statement «the administrative formalities have been completed» that the mandatory exit medical examination provided for in the Staff Rules was being unilaterally waived. Given that an exit medical examination is mandatory and has potentially significant legal consequences for both parties, it would be expected that a deviation from the norm would be specifically communicated."
Keywords:
duty to inform; medical examination; organisation's duties; separation from service; staff member's interest; staff regulations and rules;
Consideration 21
Extract:
"[T]he Tribunal finds that under the WHO Staff Regulations and Staff Rules where a decision has not been communicated until after a staff member has separated from service, the former staff member does not have recourse to the internal appeal process. In these circumstances, a former staff member has recourse to the Tribunal (see Judgment 2582 and the case law cited therein)."
Reference(s)
ILOAT Judgment(s): 2582
Keywords:
internal appeal; right of appeal; separation from service; staff regulations and rules; status of complainant; tribunal;
Judgment 2750
105th Session, 2008
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
"Although [IAEA] Staff Regulation 4.02 provides that no notice is necessary in the case of expiry at the due date of a fixed-term or short-term appointment, the duty of an organisation to act in good faith and to respect the dignity of staff members requires that reasonable notice be given, 'particularly so that they may exercise their right to appeal and take whatever action may be necessary' (see Judgments 2104 and 2531)."
Reference(s)
Organization rules reference: IAEA Staff Regulation 4.02
ILOAT Judgment(s): 2104, 2531
Keywords:
contract; date; fixed-term; good faith; notice; official; organisation's duties; respect for dignity; right of appeal; separation from service; short-term; staff regulations and rules;
Judgment 2732
105th Session, 2008
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"Staff Regulation 9.2(c) states that the Director General may at any time terminate an appointment of a staff member serving a probationary period if, in his opinion, it would be in the interest of the Organization. This provision, however, does not displace the well-established principle that an organisation 'owes it to its employees, especially probationers, to guide them in the performance of their duties and to warn them in specific terms if they are not giving satisfaction and are in risk of dismissal' (see Judgments 1212 and 2529). As well, a probationer is entitled to a timely warning so that measures can be taken to remedy the situation (see Judgment 2414).
In the present case, given the nature of the complainant's functions, a period of seven days to demonstrate improvement was clearly inadequate. Accordingly, the decision to terminate her contract must be set aside."
Reference(s)
Organization rules reference: IOM Staff Regulation 9.2(c)
ILOAT Judgment(s): 1212, 2414, 2529
Keywords:
decision; executive head; notice; organisation's duties; organisation's interest; probationary period; right; separation from service; staff regulations and rules; termination of employment; unsatisfactory service;
Judgment 2708
104th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
For the period 24 June 2002 to 31 December 2003 the complainant was given a fixed-term contract, financed from technical cooperation funds, which was extended until 30 June 2004. The complainant was subsequently given two external collaboration contracts, the second one ending on 31 March 2005. The contractual relationship between the complainant and the ILO ended at that date. "It emerges from an analysis of [the provisions of Circular No. 630] that short-term contracts should be offered in only specific cases and for a limited duration.
Having already obtained a fixed-term contract which had been extended, the complainant could not be recruited under a short-term contract, let alone under an external collaboration contract, to continue performing the same work as he had performed under his fixed-term contract, without contravening the spirit of the applicable texts.
The complainant's last two contracts should therefore be converted into a fixed-term contract."
Reference(s)
Organization rules reference: ILO Circular No. 630
Keywords:
administrative instruction; amendment to the rules; breach; claim; condition; consequence; contract; duration of appointment; extension of contract; external collaborator; fixed-term; limits; period; project personnel; provision; separation from service; short-term; written rule;
Judgment 2694
104th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal recalls that "career prospects within an international organisation are not something that exists independently of all the rights and duties of its staff, that if the non-renewal of a contract is lawful, so is the career hiatus and that when a contract is concluded for a fixed term, the staff member's career ends lawfully on expiry of this period (see Judgment 1610, under 24)."
Reference(s)
ILOAT Judgment(s): 1610
Keywords:
career; contract; fixed-term; non-renewal of contract; official; organisation; period; right; separation from service;
Judgment 2593
102nd Session, 2007
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Just as entitlement to sick leave terminates on the date of termination of an official's appointment, it is suspended during the period when the official is on special leave without salary."
Keywords:
date; official; period; right; separation from service; sick leave; special leave; unpaid leave;
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