Termination of employment (389, 390, 391, 393, 395, 396, 398, 843, 969,-666)
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Keywords: Termination of employment
Total judgments found: 377
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Judgment 4770
137th Session, 2024
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him for misconduct.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; termination of employment;
Judgment 4762
137th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to dismiss him for misconduct.
Judgment keywords
Keywords:
complaint allowed; misconduct; motivation of final decision; termination of employment;
Judgment 4750
137th Session, 2024
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment for unauthorised absence and abandonment of post.
Judgment keywords
Keywords:
abandonment of post; complaint dismissed; termination of employment;
Judgment 4749
137th Session, 2024
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his appointment with compensation in lieu of notice.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; disciplinary procedure; termination of employment;
Judgment 4748
137th Session, 2024
International Olive Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment at the end of his probationary period.
Judgment keywords
Keywords:
complaint allowed; performance evaluation; probationary period; termination of employment;
Consideration 12
Extract:
[I]n the present case, there is no evidence that the complainant was warned, during the probationary period, of the alleged flaws in his performance, which would have given him an opportunity to improve or to take steps to remedy the deficiencies. In its pleadings before the Tribunal, the IOC extensively referenced specific incidents in order to justify the negative appraisal, yet these were not referred to in the probationary report and the IOC has not established that its concerns about the complainant’s performance were brought to his attention in a timely manner. Having regard to the case law [...], the complainant’s first plea is well founded and the decision to terminate the complainant’s appointment must therefore be set aside, rendering further discussion of his second and third pleas unnecessary.
Keywords:
performance evaluation; probationary period; termination of employment;
Judgment 4687
136th Session, 2023
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment after she refused two reassignments.
Consideration 10
Extract:
[I]t must be accepted that the complainant did lose the opportunity to remain in employment with WHO by virtue of her unlawful termination. For this she is entitled to a lump sum equivalent to the amount of nine times her last monthly salary, as indicated in her last payslip, without any statutory deductions.
Keywords:
material injury; termination of employment;
Judgment keywords
Keywords:
complaint allowed; reassignment; termination of employment; transfer;
Consideration 8
Extract:
One legal issue presented for consideration by the pleas is whether the power to reassign an official to such a position is in any way conditioned or qualified in circumstances where a competition is on foot to fill the position. While it is not explicitly put this way by the complainant, it is the import of one of her pleas. There are a number of cases where the Tribunal has considered the direct appointment of a person to a position in circumstances where it denied the complainant “a right to compete” (see generally Judgments 4069, 3742, 3288 and 2959). By parity of reasoning, and notwithstanding the unequivocal bias just referred to, the decision to appoint the complainant, by way of reassignment, to the position in Cameroon deprived those who had entered the competition following the 27 December 2017 vacancy announcement of their right to compete and for each to have their candidature assessed on its merits. Deprivation of that right would involve a breach of WHO’s duty to act in good faith (see Judgments 4619, consideration 8, and 4618, consideration 8) to those who entered the competition. Consistent with the existence of this duty to act in good faith, the power to fill a position by reassignment, should not be interpreted as authorising reassignment
to a position when a competition is on foot to fill the very same position. There is an implied limitation on the exercise of the power to reassign. Thus, the decision of 12 January 2018 to reassign the complainant to the position in Cameroon was not lawful. Accordingly, the decision of 16 March 2018 to terminate her employment because she had refused the reassignment, was tainted by the unlawfulness of the reassignment decision and the decision to terminate should be set aside.
Reference(s)
ILOAT Judgment(s): 2959, 3288, 3742, 4069, 4618, 4619
Keywords:
appointment; appointment without competition; reassignment; selection procedure; termination of employment; transfer;
Judgment 4680
136th Session, 2023
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to impose on him the disciplinary measure of dismissal with forfeiture of an indemnity for loss of job.
Judgment keywords
Keywords:
complaint allowed; termination of employment;
Judgment 4674
136th Session, 2023
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her for misconduct.
Judgment keywords
Keywords:
complaint allowed; misconduct; termination of employment;
Consideration 24
Extract:
The complainant is entitled to moral damages. There is medical evidence about her emotional state at the time of her dismissal. She was suffering from stress, anxiety and depression. There is little room to doubt that termination in the circumstances evidenced in this case would have been stressful and even traumatic.
Keywords:
moral damages; termination of employment;
Judgment 4622
135th Session, 2023
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment for reasons of health.
Judgment keywords
Keywords:
complaint allowed; health reasons; termination of employment; termination of employment for health reasons;
Considerations 10 and 13
Extract:
Under the Tribunal’s settled case law, which is based on a general principle of international civil service law, the administrative status of a staff member cannot be unilaterally altered to her or his detriment by the employing organisation without that staff member having been given the opportunity to comment on the proposed measure beforehand (see, for example, Judgments 3124, consideration 3, 1817, consideration 7, or 1484, consideration 8). Clearly, this case law must be applied with the utmost stringency where a decision with such far-reaching consequences as the termination of an appointment is involved.
[...]
The Tribunal points out that, far from being a mere procedural flaw, the breach of the right to be heard identified above had a tangible bearing on the outcome of the present case. If the complainant had been given the opportunity to submit comments during the attempt to identify a position accommodating her functional impairments, she could, for example, have provided the multidisciplinary team with useful information for determining jobs at her level of responsibility that she herself considered could be adapted to her needs, which might have allowed the team to conduct its search more effectively. Similarly, if the complainant had been allowed to comment on the team’s report before the decision on her situation was taken, she could have pointed out several shortcomings in it that were correctly identified by the JAAB in its opinion, such as the lack of an exact list of positions examined during the search and the failure to give sufficient consideration to her options for vocational retraining. Thus, although the Tribunal considers that the material in the file does not permit a formal finding that, as the JAAB concluded, the Office did not genuinely use all available means to identify a position that could be allocated to the complainant, it is in any event clear that it was essential to the quality of the decision-making process that any comments made by the complainant on the efforts undertaken to that end be taken into account.
Reference(s)
ILOAT Judgment(s): 1484, 1817, 3124
Keywords:
right to be heard; termination of employment;
Judgment 4615
135th Session, 2023
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment.
Consideration 20
Extract:
[T]he organisation started the process as a harassment complaint procedure and finalized it with the outcome of a different procedure, that is “termination of appointment” under Regulation 13a)i). Consequently, the organisation failed to follow a proper disciplinary procedure.
Keywords:
disciplinary procedure; harassment; termination of employment;
Judgment keywords
Keywords:
complaint allowed; disciplinary procedure; termination of employment;
Judgment 4613
135th Session, 2023
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to terminate her appointment.
Judgment keywords
Keywords:
complaint allowed; termination of employment;
Judgment 4599
135th Session, 2023
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post, reassign her, terminate her contract including the decision to defer the date of her termination, and to reject her claims of retaliation.
Judgment keywords
Keywords:
abolition of post; complaint allowed; reassignment; termination of employment;
Judgment 4540
134th Session, 2022
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her dismissal as a result of disciplinary proceedings.
Consideration 11
Extract:
[T]he failure to give the complainant a written warning and a reasonable time to improve was an important factor to be considered in determining what was an appropriate measure having regard to her conduct, even as determined by the Director in the impugned decision. Indeed, having regard to the terms of Staff Rule 1070.2, no decision to dismiss should have been made in the absence of a warning and providing a reasonable time to improve. The measure of dismissal under Staff Rule 1070 was unlawful. Accordingly, the impugned decision should be set aside.
Keywords:
due process; patere legem; termination of employment; warning;
Judgment keywords
Keywords:
complaint allowed; disciplinary measure; termination of employment;
Judgment 4530
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the effective date of termination of his appointment, which had previously been deferred on a number of occasions due to his sick leave.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; sick leave; termination of employment;
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.
Judgment keywords
Keywords:
complaint allowed; fixed-term; termination of employment;
Judgment 4490
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of damages awarded for the unlawful decision not to renew her fixed-term contract as a Principal Director and to reinstate her in a lower-level post instead.
Judgment keywords
Keywords:
complaint allowed; termination of employment;
Judgment 4415
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to impose upon him the disciplinary measure of dismissal for misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; disciplinary measure; health reasons; medical grounds; misconduct; termination of employment; termination of employment for health reasons;
Judgment 4411
132nd Session, 2021
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment as a result of the abolition of her post.
Consideration 23
Extract:
Regarding the complainant’s request for the payment of the remaining 37 days of her unused annual leave, as the Appeals Committee correctly noted, it was due to the unlawful termination of her appointment that the complainant could not use those days of leave prior to the expiry of her appointment. In these circumstances, the complainant is entitled to be paid the remaining 37 days of leave.
Keywords:
abolition of post; annual leave; leave; material injury; termination of employment;
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; termination of employment;
Judgment 4405
132nd Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; reorganisation; termination of employment;
Consideration 6
Extract:
[T]he decision to terminate the complainant’s appointment, which was based on the abolition of her position, is without legal foundation and is therefore also unlawful.
Keywords:
abolition of post; termination of employment;
Judgment 4400
131st Session, 2021
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the International Labour Office, impugns the decisions of the Director-General to issue a reprimand against him, to revoke his appointment as a Director, to appoint another person to that post and, finally, to discharge him with notice.
Judgment keywords
Keywords:
complaint dismissed; criminal sanction; disciplinary measure; private life; termination of employment;
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