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 509
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organisation argues that the Tribunal may only hear complaints filed by serving officials. "The argument fails. When someone leaves the staff he is entitled, then as indeed throughout his career, to compliance with the staff regulations. A tribunal is competent in regard to every aspect of the official's service, and the grant of a certificate is a necessary incident of his employment."
Keywords:
certificate of service; locus standi; receivability of the complaint; retirement; right of appeal; separation from service;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Since the breach alleged is an infringement of the right to associate and since that right is enjoyed by every staff member, it is manifest that every staff member has a right which may be affected by the judgment to be given. It is unnecessary therefore for any staff members to show any further ground for his intervention." The interveners who ceased to be staff members at the time of their intervention "must show special ground for intervention."
Keywords:
cause of action; freedom of association; intervention; official; separation from service;
Judgment 411
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant asks for the rescission of the assignment in question. "Since the complainant has now resigned from the organization, the organization submits that no purpose would be served by quashing the [...] assignment. However, the complainant protested strongly at the time against the assignment as unworthy of him and he is entitled to the formal order if he wishes it."
Keywords:
application for quashing; assignment; cause of action; separation from service; transfer;
Judgment 357
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A staff member who leaves the [organisation] is supposed to return to his home country and to use there the sum which he has received as compensation for accumulated annual leave. In calculating that sum, therefore, there are no grounds for taking account of benefits and allowances such as post adjustments, which have to be determined in the light of the cost of living at the duty station."
Keywords:
allowance; amount; commutation of accrued leave; criteria; separation from service;
Judgment 280
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"According to Article II, paragraph 1, of its Statute the Tribunal may hear complaints lodged by officials subject to its jurisdiction alleging non-observance of the terms of their appointment or the Staff Regulations. The present complaint fulfils those requirements and is therefore receivable. It is immaterial that the complainant left the service of the organisation [...] since he is contesting decisions taken earlier. [...] To be receivable a complaint need only [...] allege breach of provisions or principles applicable to the staff."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
cause of action; competence of tribunal; consequence; receivability of the complaint; separation from service;
Judgment 263
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In refusing to promote officials who had resigned the Director-General did not draw any clearly mistaken conclusion from the situation of such officials. Promotion may have two consequences: either a salary increase with new duties and greater responsibilities; or salary increase alone. "In the former case promotion would serve no purpose: the official who had resigned would remain for too short a time in the higher grade to which he had been promoted to perform the duties of the new post. In the latter case the decision not to promote the official is also warranted: [the] purpose [of promotion] is not merely to reward the official for past and present performance but also generally to encourage him to remain for a long period in the service of his employer."
Keywords:
consequence; organisation; promotion; purpose; refusal; resignation; separation from service;
Judgment 255
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision stipulates that the evaluation given in appraisal reports shall serve as the basis for assistance extended to a staff member to improve his services and for decisions concerning that staff member's status and maintenance in the organization. It is open to question whether this provision, having regard to these objects, applies at all in the case of a staff member who has retired. If it does, there could be no relief for a breach of it except by the payment of compensation. In the present case, the complainant could not suffer injury from a statement assessing his work during the final 11 months of his service.
Keywords:
complainant; enforcement; lack of injury; performance report; purpose; retirement; separation from 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:
The complainant notified the organization of his intention to resign if he were not appointed to a suitable post. While inviting him to apply for suitable positions in the usual way, the organization said that in the absence of notification to the contrary it accepted his resignation. The complainant confirmed his resignation and thereby "deprived himself of the right to reinstatement in the organization in his former post or in any other."
Keywords:
acceptance; complainant; consequence; offer; organisation; resignation; separation from service;
Judgment 224
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Insofar as [the complainant] is claiming compensation on account of circumstances or actions of the [organisation] subsequent to [the date of expiry of his contract], he had at [that time] severed all his ties with [the organisation] and the dossier shows no trace of action by [the organisation] subsequent to [the material date] which might have arisen out of previous action or caused further injury to a former staff member who was no longer employed by [the organisation]."
Keywords:
cause of action; consequence; lack of injury; locus standi; no cause of action; separation from service; subsequent fact;
Judgment 214
31st Session, 1973
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant was dismissed for having abandoned his post. Immediately before the end of their contracts, officials are required to undergo an examination by the staff physician. "The complainant was not so examined. Non-compliance with this rule does not of itself render a termination invalid."
Keywords:
abandonment of post; condition; contract; fixed-term; medical examination; organisation's duties; separation from service; termination of employment; unauthorised absence;
Judgment 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"[I]t is unnecessary to consider whether the complainant underwent the medical examination provided for by [the Staff Rule], since this formality is merely a consequence of dismissal and not a condition of its validity. In any event the provisions concerning sickness leave were no impediment to dismissal, since [the applicable provision] provides that the right to sickness leave expires on the expiry of the contract."
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
Judgment 161
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
Judgment 159
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although the complainant's services terminated [...] as a result of his resignation, he was still entitled to challenge his grading during an earlier period."
Keywords:
cause of action; complaint; post classification; receivability of the complaint; resignation; separation from service;
Judgment 150
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The resignation of an official of an organization entails the termination of his appointment unless it is established that the resignation was not given voluntarily."
Keywords:
consequence; exception; lack of consent; resignation; separation from service;
Judgment 130
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Failing any action to resist the decision within the prescribed time-limits, the decision not to renew the complainant's appointment became final and can no longer be challenged; consequently, all the complainant's links with the organization were severed from the date on which his contract expired.
Keywords:
complaint; consequence; internal remedies exhausted; receivability of the complaint; separation from service; time limit;
Judgment 126
20th Session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The organization contends that the present complaint has become irrelevant because of the termination of the complainant's employment after the filing of the complaint. "But the legality of the decision to terminate, which is also attacked in a complaint before the Administrative Tribunal, depends on the disposal of the present complaint. Moreover, if the present complaint were held to be well founded, the complainant could claim damages even if her complaint concerning termination were to be dismissed."
Keywords:
cause of action; competence of tribunal; complaint; judicial review; receivability of the complaint; separation from service; termination of employment;
Judgment 64
11th Session, 1962
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Since the complainant had been duly allowed to relinquish his duties in time to enable him to reach his recognised home by the effective date of his separation from service, it can only be for personal reasons that he postponed his departure after that date." He is not entitled to the additional salary he claims, but only to the per diem travel allowance.
Keywords:
allowance; amendment to the rules; compassionate leave; date; right; separation from service; travel expenses;
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