Reinstatement (315,-666)
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Keywords: Reinstatement
Total judgments found: 173
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Judgment 4008
126th Session, 2018
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In her first complaint, the complainant challenges the decision not to extend her fixed-term contract following the abolition of her post, but to give her a Project Staff contract. In her second complaint, she challenges three vacancy notices concerning C category posts and in her third complaint, she challenges the rejection of her application for two of these posts.
Consideration 19
Extract:
In the circumstances of the case, there are no grounds for ordering the complainant’s reinstatement, given the amount of time that has passed, and bearing in mind the fact that, as already stated, the complainant did not hold a contract of indefinite duration and that the organisation is facing financial difficulties.
Keywords:
reinstatement;
Judgment 4004
126th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of his appeal against the abolition of his post and the termination of his fixed-term appointment, which was filed after he had accepted a mutually agreed separation.
Consideration 8
Extract:
The complainant seeks reinstatement, compensation for material and moral injury, and legal costs. The Tribunal is satisfied that reinstatement would raise practical difficulties because of the reorganization of the Registry and the time that has elapsed since the termination of his appointment. Therefore, the Tribunal finds it appropriate not to order reinstatement but it will award the complainant material damages in the amount of 180,000 euros, however deducting therefrom the 139,113.62 euros already paid to him. The Tribunal has taken into account all of the circumstances of the case in determining this amount, including the duration of the complainant’s contract, the income he would have earned at the ICC, but has also taken into account the income he could have earned in other employment and the possibility that in due course his employment could have been terminated lawfully. The ICC shall also pay the complainant moral damages which, in the particular circumstances of this case, including the fact that the complainant resiled from the Separation Agreement he had voluntarily entered, will be set at 3,000 euros.
Keywords:
material damages; moral injury; reinstatement;
Judgment 3960
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision in which the Administrative Council decided to further maintain his suspension while reducing his salary by half until a final decision had been made in his case.
Judgment keywords
Keywords:
complaint allowed; decision quashed; extension of contract; reinstatement; suspension;
Judgment 3958
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a member of an EPO Board of Appeal, contests a decision in which the Administrative Council decided to impose upon him several measures in relation to an alleged misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; reinstatement; suspension;
Judgment 3942
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reinstate her in her former position.
Judgment keywords
Keywords:
complaint allowed; reinstatement;
Consideration 12
Extract:
The complainant seeks reinstatement but, given the effluxion of time, such an order would be inappropriate. However, in addition to the compensation already paid, the complainant is entitled to material damages for the lost opportunity of future and further employment beyond 12 months with UNESCO, which the Tribunal assesses in the sum of 40,000 dollars.
Keywords:
loss of opportunity; material damages; reinstatement;
Judgment 3929
125th Session, 2018
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and to terminate her appointment while she was on sick leave.
Consideration 15
Extract:
In light of the above considerations, the decision to abolish the complainant’s post was unlawful and must be set aside. The consequent termination of appointment, based on the unlawful abolition of her post, must also be set aside. Considering the difficulties raised by the time elapsed and the subsequent restructuring of the UPU, the Tribunal shall not order reinstatement. Having regard especially to the complainant’s age, qualifications, experience, and the length of time spent in the UPU’s service, it is reasonable to award her material damages for the loss of opportunity to continue working with the UPU until her retirement age in an amount equal to 30 months’ gross salary with reference to her last month’s gross salary. The UPU must also pay the complainant the equivalent of the employer’s contribution that would have been due to the Provident Fund during those 30 months.
The complainant is also entitled to an award of moral damages, including for the failure to properly assess her illness, which the Tribunal will set at 30,000 Swiss francs.
Keywords:
material damages; moral injury; permanent appointment; reinstatement;
Judgment 3928
125th Session, 2018
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish his post and to terminate his appointment while he was on sick leave.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; permanent appointment; reinstatement; termination of employment;
Judgment 3922
125th Session, 2018
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to offer her a three-month renewal of her contract and to reject the claims she made with respect to her performance evaluation for 2012, the reclassification of her post, the length of her last contract and her allegations of harassment, retaliation and intimidation.
Consideration 26
Extract:
Regarding the complainant’s request for reinstatement, it was stated, in Judgment 3353, consideration 35, for example, that this will be ordered only in exceptional cases. Inasmuch as the complainant’s post no longer exists, that request is not practicable. However, she will be awarded, by way of material damages, the amount of 40,000 Swiss francs, additional to the amount which the Fund awarded her ex aequo et bono, for the loss of the valuable opportunity to have had her contract renewed.
Reference(s)
ILOAT Judgment(s): 3353
Keywords:
material damages; reinstatement;
Judgment 3918
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.
Considerations 3 & 4
Extract:
The relief [the complainant] seeks is:
“(a) The cancellation of his reassignment process as based on discrimination, non[-]application of guidelines and incomplete and biased review of the facts;
[...]
(c) His immediate rein[statement] to a position suited to his qualifications and experience until his retirement in 2017 [and the payment of all entitlements during that time];"
[...]
The first point to be made is that this judgment of the Tribunal is being given after the date on which the complainant would have retired from WHO. Accordingly, there would be no utility in making orders to the same effect of the proposed orders in (a) and (c) [...].
Keywords:
claim; reinstatement; retirement;
Judgment 3908
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish his post and terminate his appointment.
Consideration 21
Extract:
The complainant’s appointment, but for the abolition of his post, was due to expire on 13 March 2017. In those circumstances it is inappropriate to order the complainant’s reinstatement. Nonetheless he is entitled to moral and material damages for the ICC’s failure in its duty of care towards him to take adequate steps to find him a new position on the abolition of his existing position and unlawfully terminating his employment.
Keywords:
fixed-term; material damages; reinstatement;
Judgment 3900
125th Session, 2018
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her contract owing to the closure of the CDE and the terms and conditions of that termination.
Consideration 15
Extract:
In view of the CDE’s closure, the Tribunal cannot grant the complainant’s request that she be reinstated in her former post.
Keywords:
closure of organisation; reinstatement;
Judgment 3871
124th Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges WHO’s refusal to reinstate him after the decision to dismiss him was set aside.
Consideration 4
Extract:
[T]he time which has elapsed since dismissal does not, in principle, exempt an employer from taking steps to reinstate an official whose contract was ended unlawfully. Were that not the case, the employer could avoid having to reinstate the official following the setting aside of her or his dismissal simply by delaying the internal appeal proceedings initiated to challenge the dismissal.
Keywords:
delay; reinstatement;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; reinstatement;
Consideration 4
Extract:
WHO submits that the complainant’s reinstatement was not appropriate because it had lost trust in his ability to perform his duties satisfactorily. This submission will not, however, be accepted, as the complainant’s dismissal was based not on professional shortcomings but on disciplinary grounds.
Keywords:
reinstatement;
Consideration 15
Extract:
Having regard in particular to the nature and duration of the appointment which the complainant formerly held, the Tribunal will order WHO to reinstate him, as far as possible, as from 8 March 2010, the date on which his dismissal took effect, with all the legal consequences that this entails.
If, however, WHO considers, in view of its staff complement and the availability of budgetary funds, that reinstatement is impossible, it will have to pay the complainant damages for the material injury caused by his unlawful removal from his post.
Keywords:
material damages; reinstatement;
Consideration 3
Extract:
As the Tribunal has consistently held, an international organization may not terminate the appointment of a staff member whose post has been abolished, at least if she or he holds an appointment of indeterminate duration, without first taking suitable steps to find her or him alternative employment (see, for example, Judgments 269, under 2, 1745, under 7, or 2207, under 9). When it has to abolish a post held by a staff member who holds a contract for an indefinite period of time, it must do all that it can to reassign that person as a matter of priority to another post matching her or his abilities and grade. 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 her or him in duties at a lower grade and to widen its search accordingly (see Judgments 1782, under 11, or 2830, under 9).
The above-cited case law relating to the abolition of a post held by staff member holding a contract for an indefinite period also applies when examining the possibilities for reinstating an official with a continuous appointment who has been unlawfully dismissed on disciplinary grounds.
In the instant case, the Director-General therefore had a duty, in principle, to restore the status quo ante after having decided to set aside the decision to dismiss the complainant. Thus, regardless of the fact that the complainant’s previous post had been abolished, the Director-General was not free to choose between reinstatement and compensation.
Reference(s)
ILOAT Judgment(s): 269, 1745, 1782, 2207, 2830
Keywords:
abolition of post; reinstatement;
Judgment 3848
124th Session, 2017
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew his special short-term contract for serious misconduct.
Consideration 10
Extract:
The complainant initially asked the Tribunal to order his reinstatement. However, subsequently, in his rejoinder, he abandoned that request and asked the Tribunal to assign him to another similar post. This request is rejected as the Tribunal cannot assign officials to a different post.
Keywords:
reinstatement;
Judgment 3845
124th Session, 2017
African, Caribbean and Pacific Group of States
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.
Consideration 10
Extract:
The complainant having withdrawn his claim for reinstatement, it suffices for the Tribunal to order compensation for the material damage and moral injury that he has suffered.
Having regard especially to the complainant’s age, his qualifications, his experience and the length of time that he spent in the ACP Group’s service, it is reasonable to award him damages under all heads equivalent to the salary and benefits that he would have received in the 24 months from [...] the date on which he left the organisation, less his professional earnings from other sources over that period. The ACP Group must also pay the complainant the equivalent of the employer’s and employee’s contributions that would have been due to the Provident Fund if his employment had continued during that same period.
Keywords:
material damages; moral injury; reinstatement;
Judgment 3750
123rd Session, 2017
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her separation from service under a separation agreement.
Consideration 9
Extract:
[T]he separation agreement is null and void and the Tribunal will order the complainant’s reinstatement to be effected within one month of the delivery of this judgment. The Global Fund shall pay the complainant an amount equivalent to all salaries, allowances and benefits she was entitled to, including any contribution the Global Fund would have paid to the Provident Fund, from the date of separation from service to the effective date of her reinstatement, plus 5 per cent interest per annum from due dates less the amount paid through the separation agreement and any net earnings received in that period. If the Global Fund fails to reinstate the complainant and pay all amounts owed within one month of the delivery of this judgment, it shall pay the complainant interest at a rate of 20 per cent per annum until both requirements are fulfilled.
Keywords:
reinstatement;
Judgment keywords
Keywords:
agreed termination; complaint allowed; decision quashed; duress; reinstatement;
Judgment 3731
123rd Session, 2017
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for interpretation and execution of Judgment 3235.
Consideration 9
Extract:
[A]n order which merely sets aside a decision dismissing an appeal against a decision terminating an official’s employment does not, of itself and, in particular, without an order expressly reinstating the official, constitute an order which does reinstate the official.
Keywords:
reinstatement;
Judgment 3723
123rd Session, 2017
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for execution of Judgment 3348.
Consideration 8
Extract:
Ordinarily an employee who has the benefit of an order of reinstatement must be placed in the position she or he held at the time of the unlawful termination. This would mean that the employee would continue, once reinstated, to perform the duties that were being performed at the time of termination. …] But if, as in this case, a material period had passed between the termination and the order of reinstatement, organisational changes may have had the result that the full range of duties is no longer required. That is not a licence to underutilise any employee, as the complainant alleges in this case in relation to himself, who has the benefit of a reinstatement order. Underutilisation can have a stultifying and negative effect on an employee.
Keywords:
reinstatement;
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3348
Keywords:
application for execution; complaint allowed; reinstatement;
Consideration 4
Extract:
[T]he effective date of reinstatement, if ordered, is the end of the employment (see Judgments 1193, consideration 13, 1384, consideration 18, 1447, consideration 17, 1525, consideration 4, 3238, considerations 19 and 20). It is possible for the Tribunal to order reinstatement effective from the date of judgment (see Judgment 1238, considerations 4 and 5, confirmed by Judgment 1313). However, that did not occur in this case and the order was not limited to operate only from the date of judgment. The order operated retroactively and the complainant was entitled to be reinstated from the date on which his employment ended [...].
Reference(s)
ILOAT Judgment(s): 1193, 1238, 1313, 1384, 1447, 1525, 3238
Keywords:
reinstatement;
Judgment 3688
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish her post and to separate her from service.
Consideration 32
Extract:
The complainant seeks an order that WHO should reinstate her to her post which was unlawfully abolished. It was however stated, in Judgment 3353, consideration 35, for example, that the reinstatement of a person on a fixed-term contract can be ordered in only exceptional cases. The circumstances in the present case are not of an exceptional character, but the complainant will be awarded 90,000 euros in material damages for the loss of a valuable opportunity to have her contract renewed, the loss of career opportunity as a result of the unlawful abolition of her post, and for WHO’s failure to make reasonable efforts to reassign her under Staff Rule 1050.2.
Reference(s)
Organization rules reference: Staff Rule 1050.2
ILOAT Judgment(s): 3353
Keywords:
abolition of post; loss of opportunity; material damages; reinstatement;
Judgment 3594
121st Session, 2016
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish her post and not to renew her fixed-term appointment.
Considerations 11-12
Extract:
[T]he decision not to renew [the complainant's] contract was taken in violation of the principle of equality.
The complainant is not entitled to reinstatement or material damages on the basis that her contract should have been renewed, as a fixed-term contract carries no right to renewal.
Keywords:
equity; material damages; non-renewal of contract; reinstatement;
Judgment 3570
121st Session, 2016
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to end his service on grounds of invalidity and requests his reinstatement.
Judgment keywords
Keywords:
case sent back to organisation; complaint dismissed; invalidity; medical examination; reinstatement;
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