Reinstatement (315,-666)
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Keywords: Reinstatement
Total judgments found: 173
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Judgment 448
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Because of the flaws in the decision [not to renew her contract] the Tribunal may either set it aside or award the complainant compensation. The former would mean reinstating her. From the written evidence it is clear that mutual trust between the complainant and the [Organization] has diminished to the point where it is unlikely that she can again be usefully employed. Her reinstatement is therefore inadvisable and the Tribunal will accordingly award compensation".
Keywords:
contract; fixed-term; flaw; material damages; non-renewal of contract; reinstatement;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13(A)
Extract:
"A staff member may properly allege unfair treatment where general rules are not applied in the same way to all the staff members to which they are applicable, but he may not do so by comparing circumstances created by particular measures, such as agreements for the reappointment of particular officials. Such agreements will differ because the circumstances of each case differ, and there is no inequality of treatment."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; difference; enforcement; equal treatment; individual decision; official; provision; reinstatement; staff regulations and rules;
Judgment 416
44th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The rights that arise from the performance of duties (remuneration, promotion, guarantee of employment) are suspended until reinstatement. "Reinstatement is [...] subject to two cumulative conditions: first, there must be a vacant post and, secondly, the staff member must be qualified for it."
Keywords:
career; compassionate leave; condition; consequence; qualifications; reinstatement; special leave; vacancy;
Consideration 2
Extract:
The complainant failed to meet the requirements for a vacant post and lacked the necessary qualifications for a further post. The decision of the Director-General not to reinstate(*) her "was therefore taken under the authority which [he] enjoys and is not tainted with any mistake of law or any other flaw."
(*) The complainant had taken leave "on personal grounds".
Keywords:
compassionate leave; judicial review; qualifications; refusal; reinstatement; special leave; vacancy;
Judgment 359
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
It is not desirable to allow the complainant's claim for reinstatement. "It does not appear from the dossier that [the organization] could at present make use of his services in any vacant post. [T]he sum of one year's salary will compensate the prejudice for which he is entitled to damages." [17 years' service; non-renewal of appointment resulting from abuse of authority.]
Keywords:
amount; contract; damages; decision quashed; fixed-term; non-renewal of contract; reinstatement;
Judgment 320
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The Tribunal "does not invariably order [...] reinstatement [...] since it may present practical difficulties. In the present case [...] the complainant's long and excellent record of service to the [organization], enhanced by his conduct in [...] trying circumstances [...] and by the clarity and moderation of his submission to the Tribunal [...] have shown him to be an officer whom the organization should be sorry to lose."
Keywords:
consequence; probationary period; reinstatement; termination of employment;
Considerations 12, 13 and 17
Extract:
The complainant was denied confirmation of his appointment for unsatisfactory service. The Regional Director had nothing to say on the matter. Had he examined the evidence, he would have observed that the performance appraisals were of questionable value. Neither the evaluations of the complainant's first level supervisor (which diverged inexplicably from earlier reports), nor those of the chief of department (which merely echoed the supervisor's views) afforded a basis for the decision. As a result the Director General's decision must be quashed.
Keywords:
different appraisals; flaw; probation report; probationary period; reinstatement; satisfactory service; termination of employment; unsatisfactory service; work appraisal;
Judgment 227
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
By submitting his resignation, the complainant deprived himself of the right to reinstatement in the organization. "As it is free from illegality, the decision not to reinstate the complainant does not entitle him to any compensation."
Keywords:
judicial review; organisation; refusal; reinstatement; resignation;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[A]s his resignation was validly accepted, [the complainant's] claims for reinstatement and for damages in default of reinstatement are equally unfounded."
Keywords:
acceptance; refusal; reinstatement; resignation;
Judgment 136
22nd Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
If the organization does not renew the appointment, it shall pay complainant such compensation as is equitable. If the sums offered to the complainant "are not such as he considers equitable, he may submit a claim in respect thereof to the Tribunal, giving all the information necessary to its assessment and stating in particular : a) the amount of his remuneration when employed by the organization; and b) the nature and periods of any employment obtained by him since [he left the organization] and the amounts earned thereby."
Keywords:
amount; contract; criteria; fixed-term; material damages; non-renewal of contract; reinstatement; subsidiary; suspension;
Judgment 94
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Tribunal did not hold in its Judgment 90 that the reinstatement of the complainant was inadvisable. Such reinstatement was possible. "Consequently, the Organization must comply with the judgment given and pronounce [his] reinstatement [...] as from the date at which his employment was illegally terminated, and this implies that, in addition to the payment of arrears of salary, the Organization must offer him either the same post or one substantially equivalent."
Reference(s)
ILOAT Judgment(s): 90
Keywords:
application for execution; execution of judgment; judgment of the tribunal; reinstatement;
Consideration 3
Extract:
"By Judgment No. 90 [...] the Tribunal quashed the decision [...] dismissing [the complainant], thereby finding that his reinstatement was possible and not inadvisable; this judgment, which disposes of the issues raised is final, and the organization cannot reopen these issues." [The organization submitted that it had been unable to make its objections to reinstatement in time and that such reinstatement was moreover impossible; it asked the Tribunal to award compensation in lieu of reinstatement.]
Reference(s)
ILOAT Judgment(s): 90
Keywords:
decision quashed; execution of judgment; finality of judgment; judgment of the tribunal; material damages; reinstatement; res judicata; termination of employment;
Consideration 4
Extract:
"Having regard to the nature of the employment in question, the Organization was not obliged, in any event, to reinstate the complainant in the identical post he had occupied, but might have offered him any other substantially equivalent post."
Keywords:
assignment; judgment of the tribunal; organisation's duties; reinstatement;
Consideration 4
Extract:
At the time of the judgment the Tribunal found that reinstatement was not inadvisable. Reinstatement will again be possible upon the expiry of the appointment of the complainant's successor, "execution of the judgment being a valid reason for non-renewal of his appointment."
Keywords:
execution of judgment; judgment of the tribunal; non-renewal of contract; reinstatement;
Judgment 88
15th Session, 1965
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary of facts
Extract:
"In its Judgment [No. 69] quashing the decision not to confirm the appointment of the complainant at the end of the probationary period on the grounds of failure to comply with the recognised procedure and infringement of the right to be heard, the Tribunal invited the organization to reopen the case, to enable the complainant to exercise his rights, and to consider whether he should be reinstated. At the same time it reserved the complainant's right to claim compensation whether or not he was reinstated." The complainant was not reinstated and he requests the Tribunal to fix compensation.
Reference(s)
ILOAT Judgment(s): 69
Keywords:
case sent back to organisation; material damages; probationary period; procedural flaw; refusal; reinstatement; right to reply; termination of employment;
Judgment 21
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on the substance (E)
Extract:
"The Tribunal does not have the power to order reinstatement, which requires a positive act of the Director-General, over whom the Tribunal has no hierarchical authority [...]. The Tribunal is nonetheless competent to order equitable reparation of the damage suffered by the complainant by reason of the measure of which she was the object."
Keywords:
competence of tribunal; material damages; reinstatement; termination of employment;
Judgment 10
2nd Session, 1951
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7, 2(c) & (d); Decision
Extract:
The probation report only covered a two-month period and "can in no way be regarded as showing an effective and reasonable appreciation of official duties spread over a six months' period of service - an appreciation to which the probationer official was entitled by the very fact of the corresponding prolongation of the probationary period which had been imposed upon her and which she had accepted; it is [...] this report tainted by irregularities which, undeniably, exercised a determining influence on the whole of the subsequent procedure, including the decision" to dismiss her. The Tribunal annuls the decision impugned and "orders the reinstatement of the Complainant as a probationer official in the position she occupied at the moment that decision was taken".
Keywords:
flaw; period; probation report; probationary period; reinstatement; termination of employment; unsatisfactory service;
Decision
Extract:
The Tribunal quashes the dismissal [irregularities in the probation report] and "orders the reinstatement of the complainant as a probationer official in the position she occupied at the moment that decision was taken, declares in law that the prolongation of the period of probation for six months decreed by the decision of the Director-General [...] must, in order to have full effect in accordance with the spirit and the letter of the Regulations, recommence and start to operate [...] at the latest" 30 days after the date of the judgment.
Keywords:
extension of contract; probationary period; reinstatement; termination of employment;
Judgment .19
Sessions of the Administrative Tribunal of the League of Nations, 1946
League of Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
delay; equity; exception; receivability of the complaint; reinstatement;
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