Termination of employment (389, 390, 391, 393, 395, 396, 398, 843, 969,-666)
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Keywords: Termination of employment
Total judgments found: 377
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Judgment 1212
74th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-4
Extract:
The complainant disputes the lawfulness of a decision to dismiss her while she was on probation. She alleges breach of her right to a hearing before dismissal. She relies on a rule for which there was a long line of precedents, among them Judgments 987 [...] and 1082 [...]. The rule is that a contract of employment creates a relationship of trust and that lays on the organization a duty to inform the staff member of its intention of dismissing him and let him defend his interests. The organization moreover must disclose its intention before it gives notice; disclosing it just before the dismissal takes effect will not do. The Tribunal holds that CERN "utterly disregarded her right to be given a prior hearing so that she might comment in detail on the reasons why she was being dismissed."
Reference(s)
ILOAT Judgment(s): 987, 1082
Keywords:
date of notification; decision; due process; organisation's duties; right to reply; termination of employment;
Judgment 1210
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was accused of misappropriation of funds. After an investigation he was dismissed for misconduct. He submits that the penalty of dismissal is disproportionate to his offence. "There is no evidence before the Tribunal to suggest that the penalty of dismissal was in any way excessive or unreasonable in the circumstances of this case."
Keywords:
conduct; disciplinary measure; inquiry; investigation; proportionality; termination of employment;
Judgment 1193
73rd Session, 1992
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 to 12
Extract:
Under PAHO Staff Rule 1040 a career appointment can only be terminated after completion of the reduction-in-force procedure. The complainant submits that the notice of termination he got was premature inasmuch as the PAHO had not properly applied the reduction-in-force procedure. The Tribunal observes that "the Organization made no genuine effort to carry out the procedure properly and thereby to give the complainant the protection of the Staff Rules he was entitled to under the provisions on abolition of post." The Tribunal holds that "where a post is abolished compliance with the reduction-in-force procedure is a condition precedent to termination of the holder's appointment. Not being the outcome of a valid procedure, the notice of termination given to the complainant [...] was also invalid."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1040
Keywords:
abolition of post; due process; notice; post; procedure before the tribunal; staff reduction; staff regulations and rules; termination of employment;
Judgment 1175
73rd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"As the case law makes plain - for example, judgments 736 [...] and 1161 [...] - a decision not to confirm a probationer's appointment is a matter of discretion for the President. Although the Tribunal may review the lawfulness of dismissal of a probationer, the nature of the decision is such that its power of review is limited. It will set aside the decision only if there was a mistake of fact or law, or a formal or procedural flaw, or if some essential fact was overlooked, or if a clearly mistaken conclusion was drawn from the evidence, or if there was abuse of authority."
Reference(s)
ILOAT Judgment(s): 736, 1161
Keywords:
abuse of power; case law; contract; discretion; disregard of essential fact; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; probationary period; procedural flaw; termination of employment;
Consideration 5
Extract:
"The purpose of probation is to find out whether a probationer has the mettle to make a satisfactory career in the organisation. The competent authority will determine on the evidence before it, and possibly after extension of the probation as in the present case where doubt still lingers, whether to dismiss the official or to confirm the appointment. It must indeed be allowed the widest measure of discretion in determining whether someone it has recruited is suitable."
Keywords:
career; discretion; extension of contract; probationary period; qualifications; termination of employment;
Judgment 1161
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"As the case law makes plain - for example, Judgments 687 [...] and 736 [...] - a decision not to confirm a probationer's appointment is a matter of discretion for the [executive head] and the Tribunal will not substitute its own judgment for the organisation's in matters that require such exercise of discretion. Although the Tribunal may review the lawfulness of dismissal of a probationer, the nature of the decision is such that its power of review is limited. It will set aside the decision only if there was a mistake of fact or law, or a formal or procedural flaw, or if some essential fact was overlooked, or if a clearly mistaken conclusion was drawn from the evidence, or if there was abuse of authority."
Reference(s)
ILOAT Judgment(s): 687, 736
Keywords:
abuse of power; case law; discretion; disregard of essential fact; flaw; formal flaw; judicial review; mistake of fact; mistaken conclusion; misuse of authority; probationary period; procedural flaw; termination of employment;
Consideration 4
Extract:
"The purpose of probation is to find out whether a probationer has the mettle to make a satisfactory career in the Organisation. The competent authority will determine on the evidence before it, and possibly after extension of the probation as in the present case where doubt still lingers, whether to dismiss the official or to confirm the appointment. It must indeed be allowed the widest measure of discretion in determining whether someone it has recruited shows the highest level of qualifications required for a post in the particular field in which he is to be working."
Keywords:
discretion; extension of contract; probationary period; qualifications; termination of employment;
Consideration 5
Extract:
"The Tribunal is satisfied that in this case the President of the Office made proper exercise of the wide discretion he enjoys under Article 13(2) [of the Service Regulations] to decline, on the grounds of poor performance, to confirm the complainant's appointment."
Reference(s)
Organization rules reference: ARTICLE 13(2) OF THE EPO SERVICE REGULATIONS
Keywords:
discretion; probationary period; staff regulations and rules; termination of employment; unsatisfactory service;
Judgment 1157
72nd Session, 1992
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
"The first factor of material damages is the complainant's administrative and financial status at the date of dismissal. [...] the second factor is how he has fared since dismissal: else he may obtain unjust enrichment."
Keywords:
compensatory allowance; injury; material injury; termination of employment; unjust enrichment;
Judgment 1156
72nd Session, 1992
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
"The first factor of material damages is the complainant's administrative and financial status at the date of dismissal. [...] The second factor is how she has fared since dismissal: else she may obtain unjust enrichment."
Keywords:
compensatory allowance; injury; material injury; termination of employment; unjust enrichment;
Judgment 1155
72nd Session, 1992
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The first factor of material damages is [the complainant's] administrative and financial status at the date of dismissal [...]. Information is [also] needed on what he has been doing since leaving the organization: else he may obtain unjust enrichment. Interpol sought information from him on that score but he refused to give it. That being his attitude, any claim from him for loss of earnings cannot but fail."
Keywords:
compensatory allowance; injury; material injury; staff member's duties; termination of employment; unjust enrichment;
Judgment 1153
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"As the case law makes plain - for example, Judgments 687 [...] and 736 [...] - a decision not to confirm a probationer's appointment is a matter of discretion [...] and the Tribunal will not substitute its own judgment for the organisation's in matters that require such exercise of discretion. [...] Although the Tribunal may review the lawfulness of the dismissal, the nature of the decision is such that its power of review is limited. It will set aside the decision only if there was a mistake of fact or law".
Reference(s)
ILOAT Judgment(s): 687, 736
Keywords:
case law; discretion; judicial review; probationary period; termination of employment;
Judgment 1133
72nd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was charged with serious misconduct. An inquiry was held to which the complainant was not invited to give evidence. The Tribunal holds that "the failure of the WHO to afford the complainant an opportunity to be present at the Personnel Department's taking of statements and to put questions to the witnesses amounts to breach of due process. The Tribunal stated the material principle in Judgment 999 : whoever makes inquiries of the kind that were made in this case must be scrupulous in not taking evidence from one party without the other's knowledge. Whether or not the evidence did work to the complainant's prejudice is irrelevant. It is sufficient that it might have done so, and it is not the likelihood but the risk of prejudice that is fatal." [See Judgment 2601, under 7.]
Reference(s)
ILOAT Judgment(s): 999, 2601
Keywords:
due process; evidence; misconduct; right to reply; serious misconduct; termination of employment;
Judgment 1129
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"There will indeed be misuse of authority where an administration acts for reasons that are extraneous to the organisation's best interests and seeks some objective other than those which the authority vested in it is intended to serve." There is no evidence that the organization, which followed the prescribed procedure and did its utmost to find another post for the complainant, dismissed him for reasons other than those linked to the financial crisis it was facing.
Keywords:
abolition of post; abuse of power; budgetary reasons; definition; grounds; misuse of authority; organisation's interest; procedure before the tribunal; reassignment; termination of employment;
Consideration 6
Extract:
The complainant's post was abolished for reasons of financial stringency. According to Circular 1583 proposals to abolish a post must come from the competent Assistant Director-General. In this case the Assistant Director-General did not specifically name the complainant's post. He merely abolished the division which the complainant headed. It being impossible for the Director's post to survive after abolition of a division to direct, the allegation of a procedural flaw fails.
Reference(s)
Organization rules reference: CIRCULAR NO. 1583
Keywords:
abolition of post; administrative instruction; budgetary reasons; competence; decision-maker; procedural flaw; procedure before the tribunal; termination of employment;
Judgment 1128
71st Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It is at the discretion of an international organisation to discontinue employment it has lost confidence in the staff member and no longer believes that he will show due respect for its good name, and the Tribunal will not interfere with the decision the organisation takes in the exercise of that discretion unless it finds one of the fatal flaws that warrant setting the decision aside. Such flaws include procedural defects, failure to take account of some essential fact and misuse of authority."
Keywords:
discretion; judicial review; non-renewal of contract; organisation's reputation; staff member's duties; termination of employment;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's appointment was terminated after probation. She objects to the administration's making out a supplementary probation report on her and extending - without so advising her - the period she was to spend on probation in breach of the Regulations. The pleas fail. "The probation report required by Article 36(2) [of the Staff Regulations] need not be a single document but may comprise several, even if they are made out at different dates." As to the length of her probation, it was the complainant herself who asked for the extension and it was not, in the circumstances, to her detriment.
Reference(s)
Organization rules reference: ARTICLE 36(2) OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
extension of contract; formal requirements; lack of injury; period; probation report; probationary period; termination of employment; unsatisfactory service;
Consideration 30
Extract:
"A decision not to confirm a probationer's appointment is at the Director General's discretion and, according to well-established precedent, a discretionary decision may be set aside only if it was taken without authority [etc.] "There will be especial caution in reviewing a decision not to confirm the appointment of a probationer in the light of the material criteria. "Where the reason for refusal of confirmation is, as in the present case, unsatisfactory performance the Tribunal will not replace with its own the organisation's assessment of the official's fitness."
Keywords:
appointment; discretion; judicial review; probationary period; termination of employment; unsatisfactory service;
Judgment 1116
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7, Summary
Extract:
The complainant argues that his post was not abolished for reasons of financial stringency. What he alleges prompted his dismissal was a desire to get rid of him, and that led to abuse of authority. He cites as evidence of this UNESCO's extension of his appointments over a five-year span for only very short periods. The Tribunal finds no evidence of liability on UNESCO's part: the organization did its utmost to seek other employment for him.
Keywords:
abolition of post; abuse of power; budgetary reasons; lack of evidence; misuse of authority; reassignment; successive contracts; termination of employment;
Judgment 1089
70th Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant contests the termination of his appointment and seeks reinstatement.
Keywords:
termination of employment;
Judgment 1082
70th Session, 1991
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"By virtue of their contractual relationship and the trust that therefore prevails between them, an organisation owes its employee a duty to declare its intention of dismissing him and to let him plead his case. The principle is asserted in Judgment 907 [...] under 4. Although the complainant presumably knew of the CIPEC's plight and the need for reform she was never told of the intention of dismissing her."
Reference(s)
ILOAT Judgment(s): 907
Keywords:
abolition of post; budgetary reasons; duty to inform; flaw; organisation's duties; right to reply; termination of employment;
Consideration 20
Extract:
The decision to dismiss [the complainant] is quashed. As reinstatement appears out of the question, an award of damages will be made under Article VIII of the Tribunal's Statute in the amount of eight months' pay over and above the four months' severance pay already paid.
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
amount; decision quashed; material damages; termination of employment;
Judgment 1070
70th Session, 1991
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant was dismissed under ITU Staff Rule 10.1.1a) for having claimed and accepting reimbursement for treatment whose costs had already been met by other schemes. He alleges denial of his right to a hearing and his right to see the case records. "The Tribunal is satisfied that he had ample opportunity to find out exactly what the serious charges against him were and to state his case at each point in the proceedings."
Reference(s)
Organization rules reference: ITU STAFF RULE 10.1.1A)
Keywords:
conduct; disclosure of evidence; right to reply; serious misconduct; termination of employment;
Consideration 7
Extract:
The complainant was dismissed for having got the ILO/ITU Health Fund to reimburse medical costs incurred by his former wife when another health scheme had already met them. "It is irrelevant to his plea of good faith that he has instigated criminal proceedings against her in the French courts on the grounds of fraud, though he might cite her conviction, if she were found guilty of the charges, as a new fact warranting review."
Keywords:
dependant; evidence; good faith; health insurance; judgment of the tribunal; medical expenses; misconduct; municipal court; request by a party; termination of employment;
Consideration 9
Extract:
"A sanction out of proportion to the subjective and objective nature of the offence must be quashed because it is flawed with a mistake of law." As the complainant was guilty of defrauding the ILO/ITU Health Fund, his dismissal was not a sanction out of proportion to the offence.
Keywords:
disciplinary measure; misconduct; proportionality; serious misconduct; termination of employment;
Judgment 1061
70th Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5 and 7
Extract:
The complainant submits that being a town councillor did not amount to misconduct. FAO Staff Regulation 301.017 provides: "Any staff member who becomes a candidate for a public office of a political character shall resign from the Organization." The reason for the rule is that an international civil servant, "though entitled to hold his own political views, must stand aloof from demonstrations of adherence to a political party. His holding of elective political office is misconduct as defined by the rules [...] and is sufficient reason for dismissal."
Reference(s)
Organization rules reference: FAO STAFF REGULATION 301.017
Keywords:
freedom of conscience; misconduct; political activity; staff member's duties; termination of employment;
Consideration 4
Extract:
"In taking part in the radio interview the complainant was in direct breach of Rule 302.155. Staff representatives are not exempted from observance of the Rules by reason of holding office in the Union. [...] Such deliberate airing of staff grievances in public is conduct likely to jeopardize the reputation of the FAO and its staff. The conclusion is that the charge [of misconduct] is proven and warranted dismissal."
Reference(s)
Organization rules reference: FAO STAFF RULE 302.155
Keywords:
duty of discretion; freedom of speech; misconduct; organisation's reputation; staff representative; termination of employment;
Judgment 1052
69th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The case law is that a decision not to renew a fixed-term appointment, being discretionary, may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, [etc]. Although such criteria hold good for the review of all discretionary decisions, the Tribunal will exercise especial caution in reviewing a decision not to confirm the appointment of someone who is still on probation; else probation would fail to serve its purpose as a period of trial. In the case of a probationer the administration must indeed be allowed the widest measure of discretion, and its decision will stand unless the flaw was particularly serious or glaring."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; probationary period; termination of employment;
Consideration 5
Extract:
The complainant objects to the non-renewal of his appointment after probation. He alleges breach of his right to a hearing. "The plea is unsound because there was no element of disciplinary sanction in the decision. What the administration did was to make an assessment of the complainant's performance and it was under no duty to enter into any dialogue with him on the subject."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's duties; probationary period; right to reply; termination of employment;
Judgment 1045
69th Session, 1990
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Rule 1050.2 provides: 'When a post of indefinite duration, which is filled, is abolished, a reduction in force shall take place, in accordance with procedures established by the Director'. The procedures are set out in detail in the Manual of the WHO, and it is clear that the rules preclude the termination of an appointment until the reduction-in-force procedure has been completed. The notice [given to her] was therefore invalid, and in keeping with the reasoning in Judgment 469 the complainant's contract is renewed by implication and remains in force. She is entitled to payment of the salary and allowances due under her contract less any indemnity of earnings she may have received in the meantime."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.2
ILOAT Judgment(s): 469
Keywords:
abolition of post; amount; consequence; contract; enforcement; extension of contract; fixed-term; material damages; permanent appointment; post; procedure before the tribunal; staff reduction; termination of employment;
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