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 543
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is an elementary principle of the law of contract that if one party clearly and definitely refuses to honour his or her obligations, the other party is entitled to rescind the contract; and it does not matter whether or not any of the rules say so in so many words." [While expressing eagerness to continue serving the organization, the complainant refused the post assigned to her.]
Keywords:
law of contract; no provision; termination of employment;
Judgment 541
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
When rendering his opinion, the organization's doctor took insufficient account of essential facts. "The complainant is therefore entitled to relief. The relief can take the form of re-instatement, which is one of the remedies sought by the complainant, or the payment of compensation, which is an alternative remedy sought. In the circumstances of this case, the latter solution appears more desirable [...]."
Keywords:
health reasons; material damages; reinstatement; subsidiary; termination of employment; termination of employment for health reasons;
Considerations
Extract:
The complainant was classified "unfit for employment". Her appointment was terminated. The Tribunal found that in failing to accord the medical opinion of the complainant's personal physician the serious and thorough consideration it deserved, the organization's chief medical officer took insufficient account of an essential fact. The decision suffers from a defect which the Tribunal will take into consideration.
Keywords:
disregard of essential fact; health reasons; medical consultant; medical fitness; medical opinion; termination of employment; termination of employment for health reasons;
Judgment 540
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Staff Rules impose a duty on the organization to provide a staff member with clear and precise information on all charges of which he is accused. In particular the complainant should have been informed of the period during which the WHO alleges he submitted medical and education grant claims supported by forged or false documents. "It is not difficult to conceive of cases in which such an omission would constitute an irreparable flaw in the procedure laid down". In the particular circumstances of this case, the Tribunal did not find that there had been a breach of the Rules.
Keywords:
duty to substantiate decision; education expenses; medical expenses; misrepresentation; refund; request by a party; serious misconduct; termination of employment;
Considerations
Extract:
"Even assuming that [the rule which imposes on the Organization a duty to provide clear and precise information on the charges] was not fully complied with, the evidence which emerged before the Regional Board was so overwhelming that it cannot be said that there has been any miscarriage of justice."
Keywords:
duty to substantiate decision; evidence; exception; serious misconduct; termination of employment;
Judgment 539
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Vide Judgment 540, consideration on the procedural point.
Reference(s)
ILOAT Judgment(s): 540
Keywords:
duty to substantiate decision; serious misconduct; termination of employment;
Considerations
Extract:
Vide Judgment 540, consideration on the procedural point, paragraph 4.
Reference(s)
ILOAT Judgment(s): 540
Keywords:
duty to substantiate decision; evidence; exception; serious misconduct; termination of employment;
Judgment 523
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's post having been abolished neither in substance nor in form (but transferred to another duty station), the termination of his contract was unlawful. On the alternative view, the complainant would find himself deprived of the right given to staff members in the general service category under a rule which makes transfer to a new station subject to the staff member's consent. As reinstatement is not an appropriate remedy, the organization must pay the complainant $40,000 as compensation and $6,000 in costs.
Keywords:
abolition of post; amendment to the rules; duty station; general service category; termination of employment; terms of appointment; transfer;
Consideration 6
Extract:
"The complainant asks [...] for [...] compensation for prejudice caused to his career as an international civil servant; no doubt he could have expected that, but for the reorganisation, his contract in Washington would have been renewed; nevertheless, as things have happened, the reorganisation would have been a good ground for non-renewal."
Keywords:
career; contract; fixed-term; injury; professional injury; termination of employment;
Judgment 515
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's appointment was terminated, and the rule concerning termination of limited duration posts, applied. The complainant contends that the rule for posts of indefinite duration should have been applied. The Tribunal held that posts attached to projects whose own duration is limited, are likewise of limited duration. The complainant's post came under such a project.
Keywords:
abolition of post; applicable law; contract; fixed-term; post; project personnel; termination of employment;
Judgment 513
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The facts which led to the complainant's dismissal [embezzlement] may be correctly treated as misconduct. Although not committed in his official capacity, his act came within the ambit of [the staff rule on dismissal for misconduct,] which is to be construed in the light of [...] 'standards of efficiency, competence and integrity' expected of a staff member."
Keywords:
fitness for international civil service; serious misconduct; termination of employment;
Considerations
Extract:
To satisfy the rule on dismissal for misconduct, "it is not necessary for the organization to prove that the conduct of the staff member has actually brought the organization into public discredit. The section in which the rule appears is headed 'standards of conduct for staff members' and is concerned with the standards with which the staff member must comply irrespective of whether his non-compliance with them is or is not publicly known."
Keywords:
conduct; enforcement; organisation's reputation; provision; serious misconduct; termination of employment;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal granted that a rule allowed for dismissal in cases of economic problems of a permanent kind. No explanation of the circumstances which may have made staff reductions unavoidable is contained in the dossier. Although prudence might have led to such a measure, that would not suffice to bring the relevant clause into operation. "In supposing that it was [sufficient], the Director-General must have misconstrued the rule and thus been led to exceed his powers. The [dismissal] decision impugned was outside his authority and must be quashed on that ground."
Keywords:
abolition of post; abuse of power; contract; grounds; misuse of authority; permanent appointment; staff reduction; termination of employment;
Consideration 11
Extract:
"The complainants say that as a result of collective bargaining a salary study is made annually and followed by a general improvement in the salary levels. They do not, however, allege that there is any contractual obligation on the organisation to increase salaries in this way. The organisation agrees that, if any improvement is made, it must be paid to all, including the complainants, in the same position. The compensation payable to the complainants for their wrongful dismissal should be assessed accordingly."
Keywords:
adjustment; amount; elements; salary; termination of employment;
Judgment 503
48th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant, a dutyman, was dismissed at the end of the probationary period. The director took the view that there was personal incompatibility: there was no mistake of law. But there is no evidence that personal incompatibility made the team's work impossible. As the complainant has not asked for reinstatement, he shall receive compensation of 4,000 Deutschmarks with interest at the rate of 10 per cent from the date on which the complaint was filed.
Keywords:
material damages; mistaken conclusion; probationary period; termination of employment; working relations;
Consideration 1
Extract:
"Under [the applicable rule] and the general principles of international public service the purpose of probation is to discover whether the official has the qualities which warrant keeping him on the staff. It is for the President to decide, in the light of the evidence before him, whether to dismiss the official or to grant him a permanent appointment."
Keywords:
discretion; international civil service principles; probationary period; purpose; termination of employment;
Consideration 2
Extract:
"The Tribunal is competent to review the lawfulness of a decision by the appointing authority to terminate the probation period. Because of the nature of the decision, however, the Tribunal may merely consider whether - apart from any formal or procedural irregularities - the decision should be quashed because of an error of law or of fact or because essential facts were overlooked or clearly mistaken conclusions drawn from the evidence, or because there was abuse of authority."
Keywords:
discretion; judicial review; probationary period; termination of employment;
Judgment 494
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"There is no indication in the dossier that if the proper procedure had been observed before termination the complainant would have made use of it to change her attitude; and she has in fact declined reinstatement. She has not therefore shown any financial loss that she would not have incurred anyway. "It may well be that, as she alleges, 'because of the abrupt manner in which she was terminated, there has been speculation that she was engaged in some wrong doing.' She is entitled to a sum sufficient to mark the fact that her dismissal was illegal."
Keywords:
flaw; lack of injury; material injury; moral injury; offer; procedural flaw; refusal; reinstatement; termination of employment; transfer;
Summary
Extract:
The complainant refused to comply with a change of duty station. She was dismissed in an abrupt and precipitate manner. The transfer in question was warranted on independent grounds; no proof of prejudice has been given; the complainant was able to study the post description which had been offered to her. No claim for compensation based on the invalidity of the transfer. But compensation for moral prejudice plus costs.
Keywords:
moral injury; refusal; termination of employment; transfer;
Judgment 475
47th Session, 1982
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant left without herself informing the chief of personnel that she would be absent for an indefinite period. She could have written to the organisation. She protracted her stay without being formally authorised to do so. The Secretary General was therefore right to terminate the contract, in accordance with the applicable provisions. "Considering the complainant's behaviour [...] he did not exceed the limits of his discretion in applying the most severe sanction."
Keywords:
conduct; disciplinary measure; discretion; misconduct; termination of employment; unauthorised absence;
Judgment 470
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(C)
Extract:
PAHO Staff Rule 1050.2 establishes the conditions and consequences of abolishing posts. "There is no sound reason to apply [the rule] in favour only of officials whose post is abolished during an appointment to the exclusion of those whose post is abolished at the end of the appointment. It is true that in general the former fare worse than the latter. The difference between the two is not, however, such as to warrant any difference in treatment."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
Keywords:
abolition of post; contract; equal treatment; fixed-term; non-renewal of contract; organisation's duties; termination of employment;
Judgment 455
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant had a fixed-term appointment of two years, including one year's probation. The probationary period was extended with an indication that without substantial improvement the appointment would be terminated. His contract was terminated under a provision "that the Director-General may at any time terminate the appointment of a staff member who is serving a probationary period if in his opinion it would be in the interests of the organization to do so. [...] Where, as in this case, there is ample evidence to support the conclusion that the complainant's work was unsatisfactory [...] it is not open to the Tribunal to reassess the evidence".
Keywords:
discretion; judicial review; organisation's interest; probationary period; termination of employment; unsatisfactory service;
Judgment 453
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The grounds on which the organization supports the Director-General's decision [to terminate the complainant at the end of the probation period] are not in the opinion of the Tribunal above criticism." Some of the evidence is not in the complainant's favour but "it is not the duty of the Tribunal to form its own judgment and substitute it for that of the Director-General. It is therefore sufficient to say that the Tribunal is not persuaded that the Director-General's conclusion [...] was clearly mistaken."
Keywords:
grounds; judicial review; probationary period; termination of employment;
Considerations 5-6
Extract:
In the opinion of the Tribunal there is enough evidence to show that the complainant was a man with whom it was difficult, and perhaps impossible, to work. Was there a reasonable likelihood that this defect might have been cured by remonstrance and warning ? The Director-General concluded that there was not. The Tribunal is not persuaded that the Director-General's conclusion that the complainant was unsuited for international service was clearly mistaken.
Keywords:
conduct; fitness for international civil service; judicial review; probationary period; termination of employment; working relations;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant was appointed for two years, with the first 12 months as a probationary period. at the end of this period, his contract was terminated in accordance with the statutory provisions which grant a wide measure of discretion to the bodies responsible for their application. The Tribunal's power of review is limited. In applying the criteria which govern its review, the Tribunal "will exercise special caution in reviewing a decision to dismiss a probationer. Otherwise probation would not serve its purpose as a trial period."
Keywords:
discretion; judicial review; probationary period; termination of employment;
Consideration 4
Extract:
The complainant was appointed on 25 June for two years; the first 12 months were probationary. On 20 June of the following year he was informed that his appointment would be terminated on 24 July. The complainant contends that there was no reason to extend the probation period just in order to respect the requirement of one month's notice. The plea fails: the measure in question was not in breach of any provision of the Staff Rules and it was to the complainant's advantage, who in any case was not bound to accept it.
Keywords:
extension of contract; notice; period; probationary period; termination of employment;
Judgment 396
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is the Director-General who defines the interests of the organization, referred to in the regulation [concerning the termination of a probationer's appointment], and so he enjoys discretionary authority."
Keywords:
discretion; organisation's interest; probationary period; termination of employment;
Consideration 3
Extract:
The complainant had been appointed as special assistant to the Director-General as a result of a long-standing friendship between them. After a period of collaboration, the Director-General came to distrust the complainant. "Thus the complainant was no longer able to give the [organization] the service it expected of him." The Tribunal must conclude "that in terminating the complainant's appointment the Director-General acted in the organization's interest".
Keywords:
organisation's interest; probationary period; termination of employment; working relations;
Consideration 2
Extract:
The complainant contends that the decision to terminate his appointment was a covert disciplinary measure taken in disregard of the prescribed procedure: he alleges abuse of authority and procedural irregularity. "There is no document in the dossier which makes or even implies any charge of unsatisfactory conduct. [...] The shortcomings imputed to [the complainant] bear no taint of misconduct such as would have warranted disciplinary action."
Keywords:
hidden disciplinary measure; lack of evidence; probationary period; termination of employment;
Consideration 3
Extract:
"Misunderstandings between a probationer and his supervisor do not necessarily justify instant dismissal. As a rule, before a staff member is dismissed thought should be given to transferring him to some other post on trial, especially if he is junior in rank."
Keywords:
probationary period; termination of employment; transfer; working relations;
Judgment 392
43rd Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4, 6, 7 and 8
Extract:
Abandonment presupposes intention, which is to be assumed, under the applicable provision, from the fact of absence without explanation for fifteen days. The complainant failed to report as ordered to her chief. "By challenging the order in the manner prescribed by the Regulations, the complainant was affirming the contract, not abandoning it." An appeal entered for the purpose of delay will not do. The complainant had a bona fide case. The decision to terminate her appointment for abandonment of post must therefore be quashed.
Keywords:
abandonment of post; decision quashed; termination of employment; unauthorised absence;
Judgment 389
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Since the complainant failed to come up to the [organization's] expectations during the probationary period, he had no right to ask for a transfer to another post." The refusal to assign him elsewhere was correct. Insofar as that decision was taken on the grounds of his unsatisfactory performance it is warranted for a reason of fact which the Tribunal will not question. "The [organization] was not bound to find alternative employment for a staff member whose appointment was correctly terminated during the probationary period."
Keywords:
organisation's duties; probationary period; termination of employment; unsatisfactory service;
Consideration 3
Extract:
On several occasions the complainant was criticised for his inability to carry out his duties [too academic, lack of practical sense, insufficient knowledge of language of communication]. His transfer was requested. "Since those criticisms were made by the complainant's immediate supervisors [...] they demanded attention. [...] It was open to the Director-General, without exceeding or abusing his discretionary authority, to conclude that it would not be in the [organization's] interests to continue to employ the complainant."
Keywords:
discretion; knowledge of languages; organisation's interest; probationary period; qualifications; termination of employment; unsatisfactory service;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant lost his job by virtue of a provision concerning the abolition of posts. For reasons of his age, seniority, the expectation that he would soon retire and family responsibilities, "the complainant had a certain right to preference, even over more highly qualified candidates. That does not mean [...] that he should have been appointed in preference to any other candidate. [...] In putting him on the same footing as the others, the organization failed to take due account of all the relevant factors of his case."
Keywords:
abolition of post; contract; disregard of essential fact; organisation's duties; priority; project personnel; reassignment; termination of employment;
Judgment 378
42nd Session, 1979
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
According to the applicable provisions, the Director-General is entitled to abolish posts, with due respect for given criteria. The Director-General had to abolish posts and did not disregard the material criteria. The organisation was under no duty to take extraordinary temporary measures; the provisions in force in other organisations are not relevant. The dismissal was therefore valid.
Keywords:
abolition of post; discretion; organisation's duties; termination of employment;
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