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 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 2156
93rd Session, 2002
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Admittedly, precedent has it that international organisations can undertake restructuring where it is necessary to achieve greater effectiveness, or indeed to make savings, and can therefore regroup certain functions and make staff reductions. But any job abolitions arising out of such a policy must be justified by real needs, and not be immediately followed by the creation of equivalent posts."
Keywords:
abolition of post; case law; cause; creation of post; post; staff reduction; termination of employment;
Judgment 2152
93rd Session, 2002
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11 and 14
Extract:
"The requirement of good faith dealings is a two-way street. While staff members are under no obligation to assist the administration in any actions the latter may wish to take against them, they do have a duty not to so conduct themselves as to deliberately frustrate normal dealings with their employer. The latter is entitled to assume that the employees will receive and accept written communications sent to them in the normal course of affairs. [...] The fact that the complainant, by his own conduct, only took possession of the letter and became aware of his dismissal [the day after the expiry of his probation] cannot prevent the [Organisation] from having given him valid notice of dismissal."
Keywords:
date of notification; good faith; notice; probationary period; separation from service; staff member's duties; termination of employment;
Judgment 2147
93rd Session, 2002
International Service for National Agricultural Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"[The] invocation of the so-called 'first in, last out' principle, in effect a sort of non-contractual seniority clause, is unsupported by any authority and is inimical to the merit principle which underlies the law of the international civil service."
Keywords:
general principle; international civil service principles; output; priority; satisfactory service; seniority; termination of employment;
Judgment 2090
92nd Session, 2002
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organisation asserts that "Article 1010.1 allows it to terminate an appointment by giving one month's notice per year of service [...] The Tribunal observes that [...] 1010.1 may not be interpreted as authorising [the organisation] to terminate [fixed- term] contracts arbitrarily. Decisions of this kind must be based on unsatisfactory performance, or the interests of the service. Furthermore, there must be no breach of adversarial procedure nor any error of fact or of law, nor abuse of authority, nor obvious misappraisal of the facts."
Reference(s)
Organization rules reference: ARTICLE 1010.1 OF THE IFRC STAFF REGULATIONS
Keywords:
abuse of power; adversarial proceedings; bias; contract; due process; duty to substantiate decision; fixed-term; grounds; mistake of fact; mistaken conclusion; misuse of authority; notice; organisation's duties; organisation's interest; provision; staff regulations and rules; termination of employment; unsatisfactory service;
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;
Judgment 2018
90th Session, 2001
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The decision not to confirm the complainant's appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract is quashed. "The complainant is entitled to be reinstated in his post or in one of an equivalent grade with full salary and benefits (including any salary increases which he would have received if he had not been terminated) to the end of his fixed-term appointment."
Keywords:
allowance; condition; contract; date; fixed-term; grade; increase; post; post held by the complainant; probationary period; reconstruction of career; refusal; reinstatement; right; salary; termination of employment;
Consideration 8
Extract:
The complainant's appointment was not confirmed after a probationary period and his employment was terminated before the expiry of his fixed-term contract. "The Tribunal finds that the Staff Regulations, Rules and Administrative Directives in force at the time do not contain specific provisions for the non-confirmation of fixed-term appointments during or at the end of a probationary period. The provisions relating to the termination of fixed-term appointments without probationary periods therefore apply."
Keywords:
administrative instruction; analogy; applicable law; contract; fixed-term; no provision; probationary period; refusal; staff regulations and rules; termination of employment; written rule;
Considerations 14-15
Extract:
The complainant attacks the decision not to confirm his appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract. "The Tribunal [...] notes that [...] the organisation's legal division advised the administration of the procedure to be followed in terminating the complainant's appointment. Specifically [...] the administration was advised of its obligation to set up a special advisory board to investigate the case and to report back to the Director-General. This advice, like the [...] findings of the Special Advisory Board, appear inexplicably to have been simply ignored by the Director-General. In the circumstances, the impugned decision [...] must be quashed."
Keywords:
advisory body; advisory opinion; contract; decision quashed; executive head; fixed-term; organisation's duties; probationary period; procedure before the tribunal; refusal; termination of employment;
Consideration 12
Extract:
"Discussions between the complainant and his supervisors [...] with respect to relatively minor concerns do not constitute a warning so as to make the complainant aware of the risk of dismissal and the need for improvement."
Keywords:
complainant; formal requirements; supervisor; termination of employment; unsatisfactory service; warning; work appraisal;
Judgment 2007
90th Session, 2001
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Under the provisions [of the Staff Regulations], a contract may be terminated for unsatisfactory performance only after the employee has been served with a formal written warning allowing him or her three months to improve. That period which essentially aims at allowing the employee concerned enough time as may be constructively used to correct mistakes, make good shortcomings and improve both behaviour and working relations with other staff members must cover an effective period of three months during which the employee must be in a position to perform his or her duties correctly and to make full use of his or her abilities. The Tribunal considers that in this instance the complainant was not in such a position."
Keywords:
duty to inform; evidence; injury; medical fitness; notice; period; qualifications; termination of employment; unsatisfactory service; warning; work appraisal;
Judgment 1984
89th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant was dismissed for serious misconduct. He argues that the German criminal law would have taken into account mitigating circumstances, something the organisation failed to do. "Although under German criminal law these facts might remove or mitigate the penal nature that could attach to the offence of attempted fraud, when disciplinary sanctions are applied it is immaterial whether or not an act is criminal. Furthermore, the fact that the organisation in the end suffered no financial injury because it did not have to pay out money it did not owe, does not mean that the complainant's misconduct should not have been sanctioned."
Keywords:
disciplinary measure; domestic law; lack of injury; misconduct; mitigating circumstances; separation from service; serious misconduct; termination of employment;
Consideration 7
Extract:
The Tribunal recalls that, according to a long line of precedent, shared by other international administrative tribunals, the decision-making authority has discretion in determining the severity of a sanction to be applied to a staff member whose misconduct has been established. But that discretion must be exercised in observance of the rule of law, particularly the principle of proportionality. If a sanction is obviously disproportionate to the charges, the Tribunal will set it aside (see for example Judgment 1447 [...], delivered on 6 July 1995). In the present case, the complainant's dismissal is not obviously disproportionate to the attempted fraud with which he is charged and which is a serious breach of the duty of honesty incumbent on international civil servants. Consequently, the complainant's plea of disproportionality between the charges and the sanction fails.
Reference(s)
ILOAT Judgment(s): 1447
Keywords:
disciplinary measure; discretion; proportionality; termination of employment;
Judgment 1977
89th Session, 2000
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant's contention that the penalty of dismissal was disproportionate to the offence is wholly without merit. He defrauded his employer of substantial sums of money in circumstances that left no room for doubt that he both knew what he was doing and knew that it was wrong. When his actions came under suspicion, he falsified documents in an attempt to justify himself. His actions fell far below the standards expected of any employee let alone the high standards required of an international civil servant. the penalty of dismissal was amply warranted."
Keywords:
conduct; disciplinary measure; fitness for international civil service; misconduct; misrepresentation; proportionality; serious misconduct; termination of employment;
Judgment 1975
89th Session, 2000
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant, a security guard, was dismissed for committing a fault: he had disactivated an alarm button to prevent it from setting off inadvertently and had forgotten to tell his colleagues. "The oversight by the Personnel Department, which omitted to carry out the statutory medical examination [on cessation of service], does not affect the lawfulness of the impugned decision."
Keywords:
decision; disciplinary measure; due process; effect; medical examination; misconduct; negligence; termination of employment;
Judgment 1934
88th Session, 2000
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was offered an exceptional separation package on the condition that he not appeal his separation and/or its terms and conditions. He accepted the same day. "There is no evidence that these commitments - which the complainant now appears to regret - were tainted by a fraudulent attitude or pressure from the [organisation]. The complainant accepted the terms and conditions of the settlement that he made with the organisation, some of which were very favourable, and he cannot challenge them now."
Keywords:
abolition of post; agreed termination; good faith; terminal entitlements; termination of employment; waiver of right of appeal;
Judgment 1925
88th Session, 2000
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"There can be no doubt that theft by an official of an international organisation of goods belonging to that organisation constitutes serious misconduct which may warrant summary dismissal."
Keywords:
conduct; disciplinary measure; fitness for international civil service; misconduct; serious misconduct; staff member's duties; summary dismissal; termination of employment;
Judgment 1901
88th Session, 2000
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
The organization refused the complainant both an unsuitability and an invalidity pension. It explains that it couldn't arrange for a final medical examination at the time of the complainant's dismissal because he was in prison. "The Tribunal cannot accept that argument. Under Article R II 4.18 of the Staff Regulations, a medical examination is compulsory when a contract is terminated, for whatever reason. In view of the particular circumstances of the case, [the organization] should have been at particular pains to comply with that rule. In the absence of such an examination the pension fund should have determined whether, upon termination of service, the complainant was to be treated as unfit for work because of a deterioration in his physical or mental health which occurred while he was employed by [the organization]. The administrator of the Pension Fund was, therefore, wrong [...] when he refused to consider the complainant's entitlement to a pension for unsuitability." The case was sent back to the Pension Fund.
Reference(s)
Organization rules reference: ARTICLE R II 4.18 OF THE STAFF REGULATIONS OF CERN
Keywords:
cern pension fund; disability benefit; due process; incapacity; invalidity; medical examination; organisation's duties; pension; pension entitlements; procedure before the tribunal; refusal; service-incurred; termination of employment;
Judgment 1878
87th Session, 1999
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
The complainant called her supervisor a fascist while giving the nazi salute. She was dismissed summarily. "In the Tribunal's view, while the complainant's conduct was not such as to be expected from an international civil servant, nevertheless it was not so serious as to warrant summary dismissal. Her words were intemperate, spoken in the heat of the moment to a superior. That is unacceptable. There was an insulting gesture used twice which was particularly hurtful to [her supervisor], a German. Again, that is unacceptable. But on the other hand an apology was offered the same evening and again the next morning and a written acceptance was generously given by [the supervisor]. In the opinion of the Tribunal qualifying the incident as serious misconduct justifying summary dismissal would be a clearly mistaken conclusion to draw from the facts. Therefore, the disciplinary measure imposed was so disproportionate as to amount to a mistake of law."
Keywords:
conduct; disciplinary measure; fitness for international civil service; mistaken conclusion; proportionality; serious misconduct; staff member's duties; summary dismissal; supervisor; termination of employment; working relations;
Judgment 1872
87th Session, 1999
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Since the procedure that was instigated was not a disciplinary one, but a procedure for the termination of the complainant's appointment for unsatisfactory service, the complainant needed to be informed in due time, either through a negative performance appraisal report, or through precise warnings, that the organisation was not satisfied with his performance and that if he did not improve it his appointment would be terminated." (see Judgment 1484)
Reference(s)
ILOAT Judgment(s): 1484
Keywords:
disciplinary procedure; duty to inform; organisation's duties; performance report; termination of employment; unsatisfactory service; warning;
Consideration 7
Extract:
This case is about a decision concerning termination of employment for unsatisfactory services.
"International officials have the right to be informed, from the beginning of the procedure, of the grounds which will serve as a basis for the administration's decision".
Keywords:
decision; duty to inform; duty to substantiate decision; organisation's duties; termination of employment; unsatisfactory service;
Judgment 1834
86th Session, 1999
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant [pleads] that the decision to terminate [her appointment] was not 'initiated' by the Director-General, as Staff Rule 110.04 required. [I]n the context of the Staff Rule the word 'initiated' does not mean that the Director-General himself must be the first person in the administration to take any action at all; it simply requires that the action, when taken, be on the Director-General's behalf and with his prior approval."
Reference(s)
Organization rules reference: UNIDO STAFF RULE 110.04
Keywords:
competence; decision; decision-maker; delegated authority; executive head; organisation's duties; termination of employment;
Consideration 7
Extract:
The organization placed the complainant on special leave without pay in August 1995, and told her in January 1996 that to stay on special leave she would have to provide medical certificates of inability to go back to work. "The complainant contends that her separation was in breach of her special leave status. [The Tribunal holds that] the receipt of [monthly medical] reports by the chief medical officer was clearly a condition of her maintaining special leave status. Her refusal, without persuasive justification, to submit the requested information [over several months] is a breach of that condition and ample indication of her intent to abandon her post."
Keywords:
abandonment of post; condition; illness; medical certificate; refusal; special leave; staff member's duties; termination of employment;
Judgment 1831
86th Session, 1999
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainant was summarily dismissed from the organization for serious misconduct. "The complainant argues that the severity of the sanction imposed was disproportionate to the alleged misconduct. Given the evidence of deep-rooted fraud and corruption in the office for which he was responsible, the misconduct was serious and the sanction fully justified."
Keywords:
conduct; disciplinary measure; fitness for international civil service; misconduct; proportionality; serious misconduct; staff member's duties; summary dismissal; termination of employment;
Judgment 1828
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"Even though the amount at stake was not large, an intent to defraud the organization is a most serious offence. The organization may expect the highest standards of integrity from its staff; it could not possibly just overlook the fraud; and there was nothing disproportionate about dismissing [the complainant] for the misconduct she had committed."
Keywords:
conduct; disciplinary measure; fitness for international civil service; misconduct; proportionality; serious misconduct; staff member's duties; summary dismissal; termination of employment;
Judgment 1818
86th Session, 1999
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The provisions of the Statute and Staff Rules aiming at protecting staff members against termination in the course of sick leave do not prevent an organization from accepting, during such leave, the letter of resignation of a staff member, if the latter wrote his letter of his own free will.
Keywords:
acceptance; condition; lack of consent; resignation; sick leave; staff regulations and rules; termination of employment;
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