Separation from service (378, 379, 380, 381, 382, 649, 383, 384, 385, 386, 387, 388,-666)
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Keywords: Separation from service
Total judgments found: 99
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Judgment 1342
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
There is evidence that the reasons the WHO gave for not extending his appointment were mistaken. "The refusal to extend the complainant's contract on patently untenable grounds makes it 'more probable than not' that the decision was actuated by personal prejudice against him. It therefore cannot stand."
Keywords:
bias; contract; moral injury; non-renewal of contract; presumption; separation from service;
Judgment 1326
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13-14
Extract:
The complainant alleges breach of his right to a termination indemnity because his post was abolished by the ITU. The Tribunal holds that he was not dismissed but transferred from the ITU to another organisation under the inter-organization agreement concerning transfer, secondment or loan of staff among the organizations of the United Nations common system. Since his leaving the ITU did not result from the abolition of his post, he is not entitled to a termination indemnity.
Keywords:
abolition of post; coordinated organisations; inter-agency agreement; right; secondment; separation from service; terminal entitlements; termination of employment;
Judgment 1186
73rd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainants object to the abolition of free after-service health insurance cover. They contend that as serving officials they contributed to a health scheme that covered both their own medical expenses and those of former officials. The FAO's answer is that they never contributed to a health scheme that was intended to cover the expenses incurred both by serving and by retired officials. "The complainants are mistaken: as to medical insurance coverage their position before retirement was distinct from their position after it and amendments in the terms of their coverage after they had left had no retroactive effect on their earlier coverage."
Keywords:
amendment to the rules; further submissions; health insurance; illness; insurance; medical expenses; non-retroactivity; separation from service;
Judgment 1149
72nd Session, 1992
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Tribunal is not satisfied that the complainant's dignity was in any way impaired by his being on sick leave when his appointment expired. That an official is in hospital rather than at work at the office at the previously appointed date of termination is a mere accident of life. It cannot be seen by any reasonable person as detracting from the respect due to [him]."
Keywords:
organisation's duties; respect for dignity; separation from service; sick leave;
Judgment 1131
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal observes that UNESCO's decision to separate the complainant from service after it abolished his post was flawed by the Organization's failure to abide by the rules in Circular No. 1583. The report of the Joint Co-Operation Committee, which was to make a recommendation on the case, gives no evidence of any discussion of the administration's proposals concerning the complainant. What is more, the proposal to freeze his post did not come from the competent authority. A redeployment proposal was rejected without having been discussed or put to the Director-General as required by the circular. As the complainant is not seeking reinstatement, the Tribunal grants him redress for material injury in the amount of one year's full pay.
Keywords:
abolition of post; administrative instruction; advisory body; advisory opinion; competence; consultation; decision-maker; fixed-term; non-renewal of contract; organisation's duties; procedural flaw; reassignment; separation from service;
Judgment 1105
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant is objecting to a decision based on a statement allegedly made by the Director-General about the circumstances of his departure from UNESCO. The Tribunal is competent ratione personae: under Article II(6) of its Statute it is open to former officials of UNESCO." But it is not competent ratione materiae under II(5) inasmuch as he is not alleging non-observance of the terms of his appointment or provisions of the Staff Regulations. "He must show not just some connection with the terms of his appointment but also 'non-observance' of them."
Reference(s)
ILOAT reference: ARTICLE II(5) AND (6) OF THE STATUTE
Keywords:
competence of tribunal; condition; contract; iloat statute; separation from service;
Judgment 1083
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The official date of a staff member's termination is not that on which he may have been authorised to take leave in order to seek other employment.
Keywords:
date; leave; separation from service;
Judgment 1022
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The main purpose of notice of termination is to protect someone who has his appointment terminated from sudden action that might put him in an awkward plight. Either he may go on working throughout the period or else he may be paid compensation in lieu. In any event there is nothing compulsory about compensation."
Keywords:
compensatory allowance; notice; purpose; separation from service;
Judgment 1021
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 1022, consideration 8.
Reference(s)
ILOAT Judgment(s): 1022
Keywords:
compensatory allowance; notice; purpose; separation from service;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The relations of staff with an international organisation do not end when they leave its employ. The pension scheme forms part of the administrative arrangements they may look forward to and, like pay, pensions are governed by basic rules that are binding on the organisation. Foremost among them is Noblemaire, the purpose of which is not to bestow privilege on international civil servants but to draw some of the best people from every country into the service."
Keywords:
enforcement; international civil service principles; noblemaire principle; pension; salary; separation from service;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organisation argues that the complainant's internal appeal against the application of the amended scale of pensionable remuneration was time-barred. The plea fails. The Tribunal holds that "although [the complainant] must have known for over two years that amending the scale would have consequences when she left she could not know what the financial consequences would be."
Keywords:
amendment to the rules; amount; consequence; decision; internal appeal; pension; pensionable remuneration; receivability of the complaint; reduction of salary; retirement; scale; separation from service; start of time limit; time bar; time limit;
Judgment 905
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant seeks payment for home leave taken one month before the termination of his appointment. That leave had been granted in writing by the Secretary-General. The complainant acquired rights through the Secretary-General's taking of an explicit decision in his favour.
Reference(s)
Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS
Keywords:
date; home leave; refund; right; separation from service; travel expenses;
Judgment 904
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"When the complainant was appointed, he was living in England and was paid removal expenses as head of family because at the time he had a dependent daughter. [...] Since the complainant no longer has any dependants and is divorced [...] he is entitled to the cost of removing only 40 cubic meters of personal effects".
Keywords:
dependant; removal expenses; separation from service;
Judgment 894
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant's appointment ended in 1976. The complainant lodged an internal appeal in 1984. The complaint is irreceivable.
Keywords:
complaint; internal appeal; receivability of the complaint; separation from service; time bar;
Consideration 4
Extract:
"It is mistaken to contend that an appointment cannot be terminated until there has been a proper medical check-up as prescribed by the Rules. [...] In fact [the check-up] is the consequence of termination."
Keywords:
consequence; contract; fixed-term; medical examination; non-renewal of contract; organisation's duties; separation from service;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"International civil servants quite understandably put stock in their retirement benefits and quite rightly want an income that, even if it will not sustain the same standard of living, will at least be comfortable. The decisions impugned do mar the outlook, in some cases seriously. But that is not enough to establish breach of an acquired right."
Keywords:
acquired right; amendment to the rules; amount; breach; grounds; lack of evidence; official; retirement; separation from service; social benefits;
Judgment 698
57th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant submits that according to the Tribunal's case law the termination of secondment need not entail the termination of appointment in an international organisation. The plea is mistaken."
Keywords:
contract; fixed-term; non-renewal of contract; secondment; separation from service;
Judgment 684
57th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant asks the Tribunal to declare that a staff report on his performance is contrary to certain rules and not objective. The Tribunal dismisses the complaint inasmuch as no injury resulted from the acts which the complainant puts forward and he is no longer in the employ of the organisation.
Reference(s)
ILOAT Judgment(s): 637, 638, 639
Keywords:
cause of action; lack of injury; no cause of action; performance report; separation from service;
Judgment 662
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaint does not allege the non-observance of any term of appointment or of any staff regulation. The Tribunal is therefore not competent to hear it." The complainant tendered his resignation and discharged no further duties. He claims damages equivalent to the amount of his salary for the period from his resignation to what would have been the end of his contract. He considers that the organization treated him unfairly upon his departure.
Keywords:
competence of tribunal; receivability of the complaint; resignation; separation from service;
Judgment 661
56th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The right of appeal to the Tribunal does not belong to everyone but only to those who have sufficiently close links with the organisation [...] Not every former official may lodge a complaint, but only one who is alleging some right arising under the terms of his appointment."
Keywords:
condition; locus standi; separation from service;
Judgment 632
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision requires compensatory leave to be taken within two months of the date of accrual. "Indeed it is difficult to see how leave can be compensatory if it is taken at a time far remote from the period when the overtime was performed. [...] The complainant has retired from the [organization] and it is not now possible to grant compensatory leave to him. [...] The only solution is for the WHO to pay the complainant the difference in overtime rates".
Keywords:
compensatory leave; overtime; payment; retirement; separation from service; time limit;
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