Termination of employment (389, 390, 391, 393, 395, 396, 398, 843, 969,-666)
You searched for:
Keywords: Termination of employment
Total judgments found: 377
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 | next >
Judgment 376
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Tribunal will accept the unanimous opinion of the Medical Board, which consisted of three especially well-qualified physicians [...]." The organization was unable to find a post which, on the advice of the physicians, would have been suitable. The complainant's performance was not beyond criticism but the main reason for the impossibility of finding a suitable post for her "was that her duties were highly technical and so there were few posts suitable for her". Her appointment was terminated correctly.
Keywords:
health reasons; medical board; medical opinion; termination of employment; termination of employment for health reasons; unsatisfactory service;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 32
Extract:
The complainant was summarily dismissed for disrespectful conduct. His dismissal was out of proportion with the offence. "The Tribunal will not order the reinstatement of the complainant. This could create a difficult situation [...] for which the complainant's abrasive conduct would be partly to blame." Compensation must be substantial: he had indefinite employment in an excellent post and suffered serious economic losses from the loss of employment. "The Tribunal must however take account of the fact that while the complainant's employment with the organisation might have lasted for the rest of his working life, [he was thirty years of age at the time.] There is a risk that a man of his temperament might sooner or later have given just cause for dismissal."
Keywords:
amount; conduct; contract; insubordination; material damages; misconduct; permanent appointment; proportionality; termination of employment;
Consideration 24
Extract:
The complainant's attitude and expressions were interpreted as showing a degree of disrespect to his direct superior, who had not however made any rebuke on earlier occasions and who found himself as negotiator in confrontation with the complainant in meetings on working conditions. "[T]he Tribunal concludes that any offence that was given did not deserve more than a reprimand." The selection of the appropriate penalty is a discretionary one, but this discretion must be exercised subject to the principle of proportionality. "[T]he penalty of summary dismissal was out of proportion to any offence committed."
Keywords:
conduct; disciplinary measure; discretion; insubordination; misconduct; proportionality; summary dismissal; termination of employment;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13-14
Extract:
There is a clause in the contract which provides that the employment may be terminated by either party upon written notice of two weeks. "The organization contends that if the appointment had been made, it could and would have terminated it by giving a fortnight's notice and accordingly that the indemnity payable to the complainant should be calculated on the loss of two weeks' employment. In the opinion of the Tribunal good faith would forbid the use of a clause of this type simply for the purpose of destroying the contract. There must be reasonable grounds to justify a premature termination."
Keywords:
contract; enforcement; good faith; notice; offer withdrawn; organisation; provision; termination of employment;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
There is no need to consider the complainant's allegation of bias. "The Tribunal merely observes that the [decision to terminate the complainant for abolition of post] would be tainted with abuse of authority only if there had been no objective grounds for it." In the instant case there were such grounds.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; abuse of power; bias; decision; evidence; grounds; lack of evidence; misuse of authority; termination of employment;
Consideration 6
Extract:
The complainant's post was abolished and for a trial period he was assigned other duties. The Secretary-General was bound to take account of the reports on his performance in the various posts he held. More or less severe criticisms were made of him. In view of the evidence before the Tribunal, the Secretary-General may not be said to have drawn clearly mistaken conclusions therefrom, which warranted the termination of his appointment.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; judicial review; mistaken conclusion; probationary period; qualifications; reassignment; termination of employment; unsatisfactory service;
Consideration 4
Extract:
The complainant argues that as a permanent official who had lost his post he was entitled to be appointed to a suitable vacant post without having to take a test. The applicable regulation provides for the grant of priority subject to two conditions: the existence of a suitable vacant post and the staff member's capacity to give useful service in that post. "To determine whether the two conditions are met it may sometimes be necessary to test the staff member whose post has been abolished." There was no mistake of law.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; condition; contract; permanent appointment; priority; probationary period; qualifications; reassignment; termination of employment; vacancy;
Judgment 325
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant refused two successive appointments. His appointment under a contract of indeterminate duration was terminated; "it appears from the documents in the dossier that the Director-General ordered the transfers in the interests of the organization and that the allegation of abuse of authority is not proved."
Keywords:
complainant; contract; organisation's interest; permanent appointment; refusal; termination of employment; transfer;
Considerations
Extract:
"[T]he Director-General was entitled, by virtue of the texts [...] to terminate the appointment of the complainant, whose refusal on strictly personal grounds to take up posts to which he was assigned by the competent authority constituted a grave breach of duty."
Keywords:
refusal; serious misconduct; staff member's duties; termination of employment; transfer;
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;
Consideration 17
Extract:
"In reaching the decision that the complainant's performance was unsatisfactory, the Director-General and/or the officials whose conclusions he accepted, relied exclusively on the opinion of [the first level supervisor]. They disregarded the factors that made this opinion unreliable. [...] They disregarded the fact that the conditions under which the complainant was working were not in accordance with his post description." Lastly, they drew false conclusions from the first level supervisor's report. The decision of the Director-General must therefore be set aside.
Keywords:
mistaken conclusion; post description; probation report; probationary period; termination of employment; unsatisfactory service;
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 318
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Under the applicable provision "and the general principles of international public service, the provisional nature of his position denies a probationer the safeguards enjoyed by an established official or by the holder of a fixed-term appointment or of one without limit of time [...]. The Director-General may dismiss him if satisfied that he does not have the right qualifications."
Keywords:
discretion; international civil service principles; probationary period; safeguard; termination of employment;
Considerations
Extract:
"The main grounds for the impugned decision are that the complainant, who would brook no challenge to his views, proved unable to obey his supervisor's instructions and adapt to the methods of the organization. It is clear from the dossier that those grounds are factually correct and are not tainted with any of the flaws [...] which would entitle the Tribunal to interfere."
Keywords:
insubordination; judicial review; probationary period; termination of employment; working relations;
Considerations
Extract:
"[S]ince the purpose of probation is to find out whether the probationer is suited for service and should have his appointment confirmed, the Director-General may dismiss him if satisfied that he does not have the right qualifications."
Keywords:
probationary period; purpose; qualifications; termination of employment; unsatisfactory service;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[T]here is a general principle whereby an organisation may not terminate the appointment of a staff member whose post has been abolished, at least if he holds an appointment of indeterminate duration, without first taking suitable steps to find him alternative employment."
Keywords:
abolition of post; contract; organisation's duties; permanent appointment; reassignment; termination of employment;
Judgment 260
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision permits termination if the person concerned is unacceptable to the material government or if he is unsuitable for his post. The government did not declare that the person concerned was "persona non grata". A statement by a government official involved in the project was not sufficient; the complainant was not "unsuitable" simply because he was unacceptable to the material government official. The termination of the complainant's contract was unwarranted. The decision is quashed.
Keywords:
contract; enforcement; fixed-term; government approval; member state; persona non grata; project personnel; provision; qualifications; staff regulations and rules; termination of employment;
Judgment 248
34th Session, 1975
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was warned by her supervisors that the quality of her services was not satisfactory; she was transferred to allow her to get adapted; different chiefs found her to be incompetent; she "received several warnings that if her services did not improve the organization would feel bound to dismiss her under Staff Regulation [...] The Tribunal holds that not only was the correct procedure followed for dismissing her but the organization actually showed great forbearance and consideration towards her."
Keywords:
judicial review; termination of employment; transfer; unsatisfactory service; warning;
Considerations
Extract:
"[A]fter her dismissal, before she appeared before the [...] Appeals Board and on appearing before the Board, [the complainant] had every opportunity to examine all the documents in her dossier and to submit her case. She thus enjoyed all the formal and procedural safeguards stipulated by the terms of her appointment and the general principles of law."
Keywords:
adversarial proceedings; disclosure of evidence; due process; right to reply; termination of employment;
Considerations
Extract:
"A staff member cannot properly be dismissed for reasons of health unless he is no longer physically or mentally fit for work."
Keywords:
condition; health reasons; incapacity; medical fitness; termination of employment; termination of employment for health reasons;
Considerations
Extract:
"A staff member cannot properly be dismissed for disciplinary reasons unless he has committed misconduct in the performance of his duties or in the course of such performance or in some manner directly connected therewith."
Keywords:
condition; disciplinary measure; misconduct; termination of employment;
Judgment 237
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The serious misconduct with which the complainant was charged consisted of 1) taking an official car and using it for his own purposes and returning it in a damaged condition; 2) reporting for duty the next day in an intoxicated condition. On the first charge, the Tribunal "concludes that in the circumstances the complainant's misconduct justified his dismissal under the regulations." The second charge was not serious enough to warrant dismissal, but since the first was sufficient, "this conclusion is immaterial."
Keywords:
conduct; disciplinary measure; judicial review; proportionality; serious misconduct; termination of employment;
Considerations
Extract:
"To come on duty smelling of alcohol is reprehensible but does not amount to misconduct serious enough to justify dismissal."
Keywords:
conduct; misconduct; proportionality; serious misconduct; termination of employment;
Judgment 226
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In complaints against a decision of the Director-General to terminate a staff member's probation or not to confirm his appointment, the Administrative Tribunal may interfere with that decision only if it was taken without authority [...]."
Reference(s)
ILOAT Judgment(s): 194
Keywords:
discretion; judicial review; probationary period; refusal; termination of employment;
Considerations
Extract:
After the period of probation, the complainant was dismissed. "As to the claim for compensation, on which judgment was reserved in Judgment No. 194, the Tribunal considers that the sum [...] offered by the Director-General in his letter [...] is sufficient and therefore decides to award that sum to the complainant."
Reference(s)
ILOAT Judgment(s): 194
Keywords:
acceptance; amount; offer; organisation; probationary period; terminal entitlements; termination of employment; tribunal;
Considerations
Extract:
By Judgment No. 194, the Administrative Tribunal quashed as being based on insufficient grounds the decision not to confirm the complainant's appointment. In execution of that judgment an ad hoc committee was set up to examine the case. In the light of the very full report of that committee, "the Director-General took a considered decision in full knowledge of the facts. The organization has thus corrected the procedural irregularity which led to the quashing of the decision".
Reference(s)
ILOAT Judgment(s): 194
Keywords:
case sent back to organisation; confirmatory decision; duty to substantiate decision; execution of judgment; flaw; formal flaw; judgment of the tribunal; probationary period; termination of employment;
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 210
30th Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal holds that the four crucial representations were false; the complainant bore responsibility for the four misrepresentations and they could have had serious consequences for relations between the organization and the government, all of which constitutes misconduct. But the complainant's motives were not corrupt and his previous record was satisfactory. Account should have been taken of attenuating circumstances. Summary dismissal was out of all proportion to the degree of misbehaviour.
Keywords:
contract; duty of discretion; fixed-term; misrepresentation; mitigating circumstances; proportionality; serious misconduct; summary dismissal; termination of employment;
Consideration 4
Extract:
The Staff Rules provide for a range of penalties and "the principle of proportionality will ensure that extreme penalties, such as summary dismissal, are applied only to the gravest cases."
Keywords:
disciplinary measure; proportionality; safeguard; serious misconduct; termination of employment;
Consideration 5
Extract:
The question is whether the sanction imposed "gives adequate weight, not only to the nature of the misconduct taken by itself, but [also] to the extent to which in the circumstances of this case the complainant should be held to blame. In this connection there are mitigating factors which [...] the Director-General [does] not appear to have taken into account.
Keywords:
disciplinary measure; mitigating circumstances; proportionality; serious misconduct; termination of employment;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It was within the sole discretion of the Director-General to decide upon the appropriate penalty, and the Administrative Tribunal cannot substitute its judgment for that of the head of the organization unless it finds that the penalty imposed is clearly out of proportion with the gravity of the offence". The complainant was suspended after reporting for work in a drunken state on several occasions and later dismissed.
Keywords:
disciplinary measure; discretion; judicial review; misconduct; proportionality; termination of employment;
Judgment 203
30th Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[T]he seriousness of the complainant's misconduct cannot be evaluated without taking into account the extenuating circumstances. [T]he complainant did not appear to be unfit for employment [in the organisation], and therefore in discharging him the Director did not observe the principle of proportionality."
Keywords:
mitigating circumstances; proportionality; serious misconduct; termination of employment;
Consideration 3
Extract:
The decision is quashed. The complainant's reinstatement would be inadvisable. "[H]aving regard to all the circumstances, therefore, in particular to the seriousness of his misbehaviour, the length of his employment, and the amount of his salary and termination benefits, the Tribunal awards the complainant compensation in the amount of one million Italian lira."
Keywords:
amount; contract; criteria; decision quashed; material damages; permanent appointment; proportionality; serious misconduct; termination of employment;
Consideration 2
Extract:
Discharge and summary dismissal, by depriving the official of his employment, "may cause serious harm to the staff member concerned and to his family. In accordance with the principle that the penalty should be proportionate to the fault, they should, therefore, as a general rule be imposed only on a staff member whose conduct appears to be incompatible with the performance of his duties."
Keywords:
consequence; injury; proportionality; summary dismissal; termination of employment;
Consideration 3
Extract:
"[T]he decision impugned [summary dismissal] is tainted by a procedural irregularity and by error of law, both of these being grounds requiring it to be quashed."
Keywords:
flaw; mistake of law; procedural flaw; serious misconduct; termination of employment;
Judgment 197
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"There is no statutory provision or general rule of law that makes it mandatory for the organization to retain a staff member on probation in its service for at least a year if, before the year has expired, the competent authority has come to the conclusion that the staff member concerned is unsuitable for the post to which he was assigned."
Keywords:
organisation's duties; period; probationary period; termination of employment;
Judgment 194
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's plea that the impugned decision should be quashed as being based on insufficient grounds succeeds. "[I]t is [...] for the Director-General to reopen the case and to consider, by such means as he may deem appropriate and after giving a hearing to [the complainant], whether the appraisal made by her immediate supervisor was well-founded and whether the non-confirmation of her appointment could legitimately be based on the provisions" cited.
Keywords:
case sent back to organisation; decision quashed; duty to substantiate decision; grounds; judicial review; probationary period; termination of employment; unsatisfactory service;
Judgment 192
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Provision is made under the Staff Rules "for termination of the appointment of a staff member who during his probationary period proves unsuitable for his post on medical grounds. Any decision taken under this provision lies within the Director-General's discretion, and can therefore be set aside by the tribunal only if [...]."
Keywords:
discretion; enforcement; health reasons; judicial review; medical fitness; probationary period; provision; staff regulations and rules; termination of employment; termination of employment for health reasons;
Consideration 2
Extract:
The complainant had been admitted to hospital suffering from a nervous breakdown. "The Director-General did not [...] exceed his discretion in failing to inquire into the working conditions prevailing at the complainant's place of employment. Whether or not the complainant's criticisms are justified, the fact remains that he reacted to the alleged difficulties in an abnormal manner which gave plausibility to the possibility of a relapse and appeared to justify his termination under" the applicable provision.
Keywords:
discretion; executive head; health reasons; inquiry; investigation; probationary period; project personnel; qualifications; refusal; termination of employment; termination of employment for health reasons; working conditions;
Judgment 176
26th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Statute of the United Nations Administrative Tribunal stipulates that awards of compensation may not exceed a specified amount, in particular in cases of dismissal. "A tribunal without a similar provision in its Statute is not entitled to impose upon an official what would amount in effect to a condition of his employment to which he has not assented."
Keywords:
amount; damages; enforcement; iloat; limits; termination of employment; unat; unat statute;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 | next >
|
