Termination of employment (389, 390, 391, 393, 395, 396, 398, 843, 969,-666)
You searched for:
Keywords: Termination of employment
Total judgments found: 377
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Judgment 896
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"When his post is abolished someone with a fixed-term appointment is ordinarily entitled to fair compensation or other redress. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation, and seniority, record of service and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."
Keywords:
abolition of post; amount; compensation; contract; elements; fixed-term; organisation's duties; terminal entitlements; termination of employment;
Judgment 891
64th Session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's post was abolished. The Tribunal held that, though given a limited-duration contract, the complainant held a post of indefinite duration which entitled him, under the material rules, to application of the reduction-in-force procedure.
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF WHO STAFF RULES
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; procedure before the tribunal; right; staff reduction; termination of employment;
Judgment 888
64th Session, 1988
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. He claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. The complainant's dismissal was confirmed by the Chief of personnel. That decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. It was made without the complainant's having fully exercised his right to be heard." Because it is tainted with a procedural flaw, the decision is quashed and the Tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.
Keywords:
amount; flaw; material damages; medical certificate; misrepresentation; moral injury; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination of employment;
Judgment 873
63rd Session, 1987
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"That an appointment still has time to run does not preclude abolition under [...] Staff Regulations."
Keywords:
abolition of post; contract; fixed-term; termination of employment;
Judgment 868
63rd Session, 1987
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The inconsistent evaluations of the complainant's work by the spokesman for the group cast doubt on the correctness of the decision to dismiss him on the grounds of unsatisfactory performance; the arrangements made for the later test were improper, and the importance of it was not clearly made known to him; and thirdly, the spokesman of the group disregarded his age and earlier career in the Union."
Keywords:
contract; different appraisals; disregard of essential fact; permanent appointment; termination of employment; unsatisfactory service; work appraisal;
Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"What good faith requires is that when someone is transferred he should be given proper notice, and not just of a vague intention, but of the nature of the post he is to get and of the duty station." The complainant did not accept the transfer and was dismissed. The decision is quashed and the Tribunal orders the restoration of the complainant's status as an official.
Keywords:
duty station; duty to inform; good faith; notice; organisation's duties; post description; reconstruction of career; refusal; termination of employment; transfer;
Judgment 807
61st Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The sole and obvious purpose [of the impugned decisions] was to get rid of someone whose work was, in the administration's view, no longer satisfactory and whose presence was disrupting the section. The dismissal is therefore tainted with abuse of authority and the decisions challenged must be set aside."
Keywords:
abolition of post; abuse of power; conduct; grounds; misuse of authority; termination of employment; unsatisfactory service; working relations;
Judgment 756
59th Session, 1986
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The abolition was in fact just an expedient hurriedly found to put an end to the complainant's employment. That that is so is plain from evidence that shows the secretarial duties she had been performing were assigned to two others immediately after she left. Contrary to the telex sent to her on 21 August 1984 and informing her of the decision of 15 August, which said that her post was no longer considered necessary, in fact it was. the Tribunal accordingly holds that a mistaken and wrongful procedure was followed to end her contract and that the measure was therefore unlawful." The Tribunal orders the organization to reinstate the complainant.
Keywords:
abolition of post; abuse of power; contract; fixed-term; misuse of authority; reinstatement; termination of employment;
Judgment 736
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The substantial claim is for wrongful dismissal. The complainant was dismissed under Article 13(2) of the Service Regulations as a consequence of two adverse probation reports. If the reports are correct and fair, they afford adequate grounds for the termination of his employment, which is a matter for the President's discretion."
Reference(s)
Organization rules reference: ARTICLE 13.2 OF THE EPO SERVICE REGULATIONS
Keywords:
discretion; judicial review; probation report; probationary period; termination of employment; unsatisfactory service;
Judgment 687
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Although the Tribunal may review the lawfulness of the dismissal, the nature of the decision is such that its power of review, where it finds no formal or procedural flaw, is limited. It will set the decision aside only if there was a mistake of law [...]. In a case of dismissal of a probationer the administration should be allowed the widest measure of authority, and the decision will be quashed only if the mistake or the illegality is especially serious or glaring."
Keywords:
discretion; judicial review; probationary period; termination of employment;
Consideration 9
Extract:
The complainant was dismissed for reasons of unsatisfactory performance after a six-month extended period of probation even though his work showed improvement during the extension. It does not "matter that the complainant experienced difficulties in the first year of probation. In agreeing to extend the probation the President acknowledged that there might be improvement, and indeed there was. It was a serious abuse of discretion for him to overlook those facts unless the dossier contains evidence produced after the end of the normal probation period."
Keywords:
disregard of essential fact; extension of contract; probationary period; satisfactory service; termination of employment; unsatisfactory service;
Summary
Extract:
Although the complainant's performance showed improvement by the end of an extended period of probation, the organisation dismissed him. The Tribunal holds that the extension of probation gave him reason to believe that if his work was found satisfactory he would get appointed. The President drew clearly mistaken conclusions from the evidence. His decision is set aside and the complainant is referred back to the organisation for determination of his rights on reinstatement in its employ as from the date of his dismissal.
Keywords:
extension of contract; legitimate expectation; mistaken conclusion; probationary period; reconstruction of career; reinstatement; satisfactory service; termination of employment;
Judgment 651
55th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant maintains that the organization denied him the priority he was entitled to under the reduction-in-force procedure in the Staff Rules. He refers to the existence of five posts, "but he fails to establish that he was qualified for any of them or better qualified than the incumbents. In other words, he has not shown that the conditions for granting him the priority he claims were fulfilled."
Keywords:
abolition of post; condition; priority; qualifications; reassignment; termination of employment; vacancy;
Judgment 640
54th Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1 and 4
Extract:
"The complainant was dismissed on the grounds of attempted theft of four wooden chairs from the organization. [...] In sum, the arguments in favour and against cancel each other out. The charge of attempted theft cannot therefore be taken as proven and the impugned decision is unlawful. The Tribunal will not order the reinstatement of the complainant, who has left the FAO. Instead it will award him compensation".
Keywords:
lack of evidence; material damages; moral injury; serious misconduct; termination of employment;
Judgment 635
54th Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The organization accuses the complainant of gross breach of her duty of discretion. The Tribunal finds that the decision to dismiss her was based on facts which were not sufficiently established. "Dismissal is too drastic a measure for the staff member not to have the benefit of the doubt. The decision being quashed, the complainant is entitled to straightforward reinstatement since the Tribunal sees no reason to award her damages in lieu. Since she seeks damages only if not reinstated the Tribunal need not rule on this claim."
Keywords:
benefit of doubt; disciplinary measure; misconduct; proportionality; reinstatement; serious misconduct; termination of employment;
Consideration 9
Extract:
The organization accuses the complainant of gross breach of her duty of discretion. It contends that she was directly responsible for leaking information to the press which resulted in newspaper articles. "The three articles take the complainant's side and put the organization in a bad light. But [...] this is not enough to create precise and concurring presumptions which might afford justification for the [dismissal] decision."
Keywords:
duty of discretion; misconduct; organisation's reputation; presumption of innocence; serious misconduct; termination of employment;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, whose contract was ended for reasons of health, refused disclosure of his medical file. "He [...] produces several certificates from doctors who have treated him. While not questioning their professional competence, the Tribunal will observe that the certificates have no value as evidence since the complainant refuses to let the who physician state his opinion. The complainant's position has destroyed the parity there should be between the parties, and the Tribunal can restore it only by discounting the medical certificate she has produced."
Keywords:
adversarial proceedings; appraisal of evidence; disclosure of evidence; evidence; health reasons; medical certificate; termination of employment; termination of employment for health reasons;
Consideration 3
Extract:
The complainant, whose contract was terminated for health reasons, declined to allow access to his medical file, he applies for an expert inquiry. "This claim [...] fails. The Tribunal is never bound to order such an inquiry". The Tribunal does not believe an inquiry necessary to ascertain the truth. "In coming to that view it is not making an appraisal of fact which is outside the competence of its members; this is no more than the consequence in law of the fact of the complainant's refusal to allow disclosure of the medical file."
Keywords:
complainant; expert inquiry; health reasons; medical examination; refusal; request by a party; termination of employment; termination of employment for health reasons; tribunal;
Consideration 6
Extract:
The material date was that on which the complainant received the letter of termination. The period of notice should begin on that date and the termination payment and the disability payment should be calculated and paid accordingly. "Any other conclusion would offend against the rule that a decision must not be retroactive in effect. [...] No organisation may retroactively alter at will the position of its staff. The effect of the WHO's arrangement might be to do away with one of the benefits prescribed" in the material Staff Rules. The decision is set aside; the complainant's administrative position must be reviewed.
Keywords:
date; date of notification; disability benefit; non-retroactivity; notice; payment; terminal entitlements; termination of employment;
Consideration 4
Extract:
The evidence does not reveal whether reassignment possibilities were explored by the organization as required by the Staff Rules. "Only the employer may provide such evidence. [...] But the reason why the point remains obscure is that the complainant will not allow the Tribunal access to the whole file." The original decision to terminate the appointment made mention of no special reasons for it, nor were any required. There is no formal defect.
Keywords:
burden of proof; organisation; reassignment; termination of employment;
Judgment 584
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The PAHO contends that because the complainant did not hold a post of indefinite duration, Rule 1050.2 does not apply to him. The Tribunal finds that Rule 1050.2 applies for reasons set out in Judgment 581 (Judgment 581 refers to the reasoning and conclusions in Judgment 470 concerning the applicability of the same rule).
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 581
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;
Judgment 583
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 584, consideration 3.
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 581, 584
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;
Judgment 582
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 584, consideration 3.
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 581, 584
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;
Judgment 581
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's services were terminated and his post abolished. The Organization contends that the fact that the complainant accepted the indemnity provided for in the Rules constitutes a contractual agreement which precludes him from pursuing subsequent claims. "The Tribunal will, naturally, examine the circumstances in which the payment was made and accepted in considering whether or not the complainant has renounced any claim he may have had against the Organisation in connection with the termination of his services. In the circumstances of this case the Tribunal has concluded that the mere acceptance by the complainant of the said indemnity does not amount to a renunciation by him of his claim against the PAHO and is not a bar to his seeking relief."
Keywords:
abolition of post; acceptance; agreed termination; terminal entitlements; termination of employment; waiver of right of appeal;
Consideration 6
Extract:
"In [Judgment 470] the Tribunal considered the applicability of [a rule] to a staff member whose fixed-term appointment had been regularly extended and held that [the rule] applied in such a case. [...] In the instant case, [as in P.] the complainant was the holder of a post of indefinite duration. The Tribunal sees no reason to differ from the conclusion reached in [case P.] or the reasoning on which that conclusion was based." The Article applies in the instant case.
Reference(s)
Organization rules reference: ARTICLE 1050.2 PAHO STAFF RULES
ILOAT Judgment(s): 470
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;
Judgment 569
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant contends that the injured party should not have to bear the risk of an erroneous assumption which diminishes the amount of compensation and the Tribunal should arrive at a reasonable amount which will place the complainant in the position he would have been in if he had not been wrongfully dismissed. "This is certainly the general objective in the assessment of compensation for wrongful dismissal. But it does not mean that all assumptions are to be made in favour of the injured party so as to avoid the risk that he may suffer from an erroneous assessment."
Keywords:
amount; reckoning; termination of employment;
Judgment 546
50th Session, 1983
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
It was agreed that the complainant's contractual relations would cease. The agreement was closer to dismissal than to resignation, the only two possibilities under the material rules. The organisation has no discretion in the matter and could not decide what it thought was equitable. The complainant is entitled to payment of separation benefit at the prescribed dismissal rate and to interest at 5 per cent from the date on which the complaint was filed and costs.
Keywords:
agreed termination; applicable law; no provision; pension; termination of employment; withdrawal settlement;
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