Reinstatement (315,-666)
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Keywords: Reinstatement
Total judgments found: 173
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Judgment 3437
119th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the decision to terminate his contract following the CTA restructuring.
Considerations 11-12
Extract:
"Having regard to the nature and length of the complainant’s appointment, the Tribunal will therefore order the CTA to reinstate him, to the full extent possible, in the Centre as from the date on which the termination of his contract took effect [...] with all the legal consequences that this entails.
However, if the CTA considers, in view of its staff complement and budgetary resources, that it cannot actually reinstate the complainant, it shall have to pay him material damages for his unlawful removal from his post. In this connection, the complainant has no grounds for claiming the payment of all the emoluments which he would have received until he reached retirement age because, although his contract was concluded for an indefinite period of time, it did not guarantee that he would be employed by the Centre until the end of his career, since its functioning is contingent on various unforeseeable factors. The CTA will, however, be ordered to pay the complainant the equivalent of the salary and allowances of all kinds which he would have received had his contract remained in force for a period of five years [...], less the compensation he received on termination of his contract and any remuneration he may have received during this period. The Centre must also pay the complainant the equivalent of the contributions to pension, provident or social security schemes which it would have had to bear during the same period."
Keywords:
permanent appointment; reinstatement;
Judgment 3436
119th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of her post in the context of the CTA restructuring, the complainant successfully impugns the decision to terminate her appointment.
Consideration 12
Extract:
[I]f the CTA considers, in view of its staff complement and budgetary resources, that it cannot actually reinstate the complainant, it shall have to pay her material damages for her unlawful removal from her post. [...] The CTA will [...] be ordered to pay the complainant the equivalent of the salary and allowances of all kinds which she would have received had her contract remained in force for a period of five years [...], less the compensation she received on termination of her contract and any remuneration she may have received during this period. The Centre must also pay the complainant the equivalent of the contributions to pension, provident or social security schemes which it would have had to bear during the same period.
Keywords:
material damages; material injury; reinstatement;
Judgment 3417
119th Session, 2015
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that IOM's failure to ensure compliance with its performance evaluation procedures warranted an award of moral damages to the complainant.
Consideration 9
Extract:
"An order of reinstatement would be inappropriate. According to the Tribunal’s jurisprudence, the reinstatement of a person on a fixed-term contract would be ordered only in exceptional cases (see Judgments 3353, under 35, 3299, under 28, and 1351, under 13)."
Reference(s)
ILOAT Judgment(s): 1351, 3299, 3353
Keywords:
reinstatement;
Judgment 3364
118th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns on the grounds of a procedural flaw the decision to maintain his dismissal for misconduct.
Consideration 27
Extract:
"The complainant is seeking reinstatement in WHO. However, in the circumstances of the case there are no grounds for ordering this. According to the Tribunal’s case law, reinstatement is inadvisable when an employer has valid reasons for losing confidence in an employee (see Judgment 2034, under 11), as is the case here. [I]t is clear that the complainant admits having breached his duty of confidentiality, and whatever the reasons he gives in an attempt to justify having done so, this itself undermines the necessary relationship of trust between a staff member and the Organization."
Reference(s)
ILOAT Judgment(s): 2034
Keywords:
disciplinary measure; reinstatement; staff member's duties; termination of employment;
Judgment 3353
118th Session, 2014
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the non-renewal of their contracts following a restructuring process and obtain moral damages for the serious affront to their dignity and the failure to give reasonable notice.
Consideration 35
Extract:
"Reinstatement of a person on a fixed-term contract can be ordered but only in exceptional cases (see Judgment 1317, under 38). The circumstances in these cases are not of an exceptional character. In addition and more fundamentally, the issue of reinstatement does not arise because the decision not to renew the contracts remains a valid decision."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
fixed-term; reinstatement;
Judgment 3348
118th Session, 2014
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the decision to summarily dismiss him for misconduct (fraud).
Consideration 21
Extract:
"[The complainant] is [...] entitled to an order reinstating him to the position he held prior to his dismissal and compensation for loss of income, though adjusted by any income he may have received in the intervening period. Even though there was a breach of trust by the complainant, it has not been proved by WMO that the breach involved fraud [...]. The conduct which constituted that breach was in the complainant undertaking duties which were not a part of the duties for which he was initially employed and which, on the evidence before the Tribunal, are not duties it is essential that he continues to perform [...]. While the complainant engaged in conduct which was entirely unacceptable, his dismissal occurred in circumstances where the process by which dismissal was adjudged the appropriate remedy was flawed and the Secretary-General failed to give an adequate explanation for the ultimate decision to affirm the dismissal in the face of the reasons of the JAB. [...] By ordering the complainant’s reinstatement, the Tribunal is not intending to preclude the imposition of an appropriate disciplinary measure on the complainant, as proposed by the JAB."
Keywords:
fixed-term; reinstatement;
Judgment 3329
117th Session, 2014
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to renew his contract after he refused to be reassigned, and obtains its quashing on the ground that this decision was tantamount to a hidden disciplinary measure.
Considerations 13-14
Extract:
Given the specific circumstances of this case, the Tribunal will not [...] order the complainant’s reinstatement in the Organization. Indeed, reinstatement would be inappropriate, as the complainant himself acknowledges in his written submissions, when he states that it would be “impossible for [him] to be reinstated now that so much time has elapsed”. There is however reason to grant the complainant compensation for the damages ensuing from the unlawful nature of the impugned decision.
Keywords:
material damages; reinstatement;
Judgment 3313
117th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish his post and not to reinstate him, alleging procedural irregularities and personal prejudice on the part of his supervisors.
Judgment keywords
Keywords:
abolition of post; complaint dismissed; reinstatement;
Judgment 3299
116th Session, 2014
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns a decision to keep in her personal file a warning letter and the non-renewal of her contract.
Consideration 28
Extract:
The JARB recommended that the Organization should renew the complainant’s contract in another suitable position. The Tribunal is cognisant of the fact that the complainant was on a short-term contract. The Tribunal is also cognisant of the practical difficulties that would arise given the effluxion of time since the non-renewal of the complainant’s contract. In these circumstances, reinstatement is not a viable option.
Keywords:
non-renewal of contract; reinstatement;
Judgment 3290
116th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.
Consideration 35
Extract:
[A]s the Director-General’s decision [...] confirming the termination of the complainant’s appointment was based on relevant evidence not disclosed to the complainant as was the Regional Director’s earlier decision [...], they must be set aside, the latter to the extent that it relates to the complainant’s separation from service. In view of the passage of time, reinstatement is not a viable option. However, the complainant is entitled to an award of damages [...].
Keywords:
material damages; reinstatement; separation from service;
Judgment 3282
116th Session, 2014
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.
Consideration 8
Extract:
Considering reinstatement could raise substantial practical difficulties because of the time that has elapsed since the complainant’s separation from service, the complainant is “entitled to full compensation for the material and moral injury he sustained” (see Judgment 1386, under 26).
Reference(s)
ILOAT Judgment(s): 1386
Keywords:
material injury; moral injury; reinstatement; separation from service;
Judgment 3271
116th Session, 2014
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The application for interpretation of Judgment 2938 is rejected by the Tribunal, while the application for execution of the same judgment is allowed.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 2938
Keywords:
application for interpretation; compassionate leave; compensatory allowance; reckoning; reinstatement;
Judgment 3261
116th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal considered that the application for execution of Judgment 3036 was justified by the defendant’s delay in executing that judgment.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3036
Keywords:
organisation's duties; reinstatement; suspension;
Judgment 3259
116th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The application for execution of Judgments 2830 and 3014 was rejected by the Tribunal.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 2830, 3014
Keywords:
application for execution; compensatory allowance; complaint dismissed; organisation's duties; reinstatement; termination of employment;
Judgment 3257
116th Session, 2014
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision to offer him a one-year extension of his fixed-term contract rather than the two-year extensions he had previously received.
Consideration 22
Extract:
[C]onsidering the practical difficulties that would arise given the effluxion of time since the non-renewal of the complainant’s contract, the Tribunal will not order reinstatement.
Keywords:
non-renewal of contract; reinstatement;
Judgment 3238
115th Session, 2013
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to terminate their appointments due to the abolition of their posts following a restructuring.
Considerations 19-20
Extract:
In view of the nature and length of the complainants’ appointments, the Tribunal will order the CDE to reinstate them in the Centre, to the full extent possible, as from the date on which their dismissal took effect, [...] with all the legal consequences that this entails.
However, if the CDE considers, in view of its staff complement and budgetary resources, that it cannot actually reinstate the complainants, it shall have to pay them material damages for their unlawful removal from their posts. In this connection, the complainants have no grounds for claiming the payment of all the emoluments which they would have received until they reached retirement age because, although their contracts were concluded for an indefinite period of time, they did not guarantee them an appointment with the Centre until the end of their careers, having regard to the latter’s very difficult financial situation.
Keywords:
material damages; reinstatement;
Judgment 3224
115th Session, 2013
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully contests the termination of her appointment for unsatisfactory service, alleging the absence of a genuine assessment procedure.
Judgment keywords
Keywords:
complaint allowed; decision quashed; reinstatement; termination of employment; unsatisfactory service;
Judgment 3153
114th Session, 2013
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant applies for interpretation and execution of Judgment 2861.
Consideration 6
Extract:
"As the complainant was not reinstated, her employment relationship with WMO ended on 3 November 2006 and with her separation from service, her right to participate in the UNJSPF ended (see Judgments 1338, 1797 and 1904). Further, as also stated in Judgment 2621 under 5, 'had it been its intent the Tribunal would have specifically ordered the payment of an amount equivalent to the pension fund contributions that would otherwise have been paid by the [organisation]'."
Reference(s)
ILOAT Judgment(s): 1338, 1797, 1904, 2621, 3061
Keywords:
application for execution; application for interpretation; case law; contribution rate; contributions; judgment of the tribunal; organisation's duties; pension; reinstatement; unjspf;
Judgment 3137
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
[T]he time that has now elapsed makes it impractical to order the complainant’s reinstatement. However, he is entitled to material damages that take account of what would have happened had he not been dismissed. In this regard, the complainant contends that his contract was extended for a further period of two years on 31 July 2007. Although there was a recommendation to that effect, the evidence indicates, as claimed by WHO, that it was only renewed until 9 November 2007. Had the matter been properly considered at that time, it may well have resulted in a finding of negligence, but not of misconduct. In these circumstances, it is likely that his contract would only have been extended until 31 July 2008 but with a prospect of further extension if his performance proved satisfactory in that period. Given that his previous performance had been rated highly, there was a good chance that it would be satisfactory and his contract then renewed. That being so, the complainant lost not only the salary and benefits he would have received until 31 July 2008, but also a valuable chance that his contract would then have been further extended. In the circumstances he is entitled to material damages equivalent to one year’s salary and other benefits from 10 November 2007 to 9 November 2008 had his contract not been terminated.
Keywords:
material damages; reinstatement;
Judgment 3124
113th Session, 2012
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant must be restored to the administrative status which she held at the time her appointment was terminated, with all the legal consequences that this entails.
Keywords:
reinstatement;
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