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
Judgment 90
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was dismissed without advance notice in violation of the applicable provision. The decision is quashed.
Keywords:
breach; decision quashed; organisation's duties; provision; staff regulations and rules; termination of employment; unsatisfactory service; warning;
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;
Consideration 3
Extract:
"It is not inconceivable that an official might be so deeply affected by the termination of his appointment as to fall ill and to become incapacitated for work for a certain length of time. In the present case, however, the complainant could in any event have expected the termination of his appointment [at the end of the probationary period] and [...] failing quite exceptional circumstances, he had no grounds for maintaining that his dismissal led to the deterioration of his health and to incapacity for work after that date."
Reference(s)
ILOAT Judgment(s): 69
Keywords:
cause; illness; incapacity; injury; probationary period; termination of employment;
Judgment 87
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant, a trade union official, made criticisms which were included in a tract. "The conduct which was deemed to justify [his] summary dismissal did not constitute misconduct serious enough to jeopardise or to be likely to jeopardise the reputation of the organization or its staff." Summary dismissal was not justified.
Keywords:
contract; duty of discretion; material damages; misconduct; moral injury; permanent appointment; proportionality; serious misconduct; staff representative; staff union activity; summary dismissal; termination of employment;
Consideration 3
Extract:
"If the administrative authorities of [the organization] consider that an official has behaved improperly, they are normally required to follow the disciplinary procedure laid down by [the applicable text], which provides specific safeguards for the official concerned. Consequently, by reason of its severity and of the fact that no formalities are prescribed for its application summary dismissal must necessarily be an exceptional measure which can be allowed only under an express provision and in accordance with the terms of such provision."
Keywords:
disciplinary procedure; enforcement; exception; misconduct; provision; safeguard; serious misconduct; staff regulations and rules; termination of employment;
Judgment 84
14th Session, 1965
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The substantial claim which the Tribunal has to consider is a complaint that the compensation which the complainant has already received is inadequate [...]. The complainant has received in all by way of compensation a sum equal to nine months' salary. Taking into account the fact that the appointment was terminated when it was still in the probationary period, the Tribunal considers that this compensation would be adequate even on the assumption that the decision to terminate the complainant's appointment was wrongful."
Keywords:
amount; competence of tribunal; offer; organisation; probationary period; terminal entitlements; termination of employment;
Consideration 1
Extract:
"The organization submits that the complaint is without cause and inadmissible on the ground that the complainant, having accepted the compensation fixed by the [internal appeals body] as an alternative to the offer of a [...] new post, cannot now contest the Director-General's decision to dismiss him. The Tribunal rejects this submission. There is nothing to show that the complainant accepted the compensation in full settlement of his claims and so he is not thereby precluded from contending that it is insufficient."
Keywords:
acceptance; terminal entitlements; termination of employment; waiver of right of appeal;
Consideration 3
Extract:
The decision of the Director-General to terminate the contract upon expiry of the probationary period was based "upon his conclusion that the services of the complainant had ceased to be satisfactory. In arriving at this conclusion the Director-General was exercising his discretion. Therefore, while the Tribunal is competent to review this decision [...], the Tribunal cannot substitute its own opinion for that of the Director-General."
Keywords:
discretion; judicial review; probationary period; termination of employment; unsatisfactory service; work appraisal;
Judgment 79
13th Session, 1964
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The acts criticised show that "the complainant was guilty of serious misconduct; moreover, even if they had concerned only his private life - which is not the case - these acts were of a nature to compromise the organization's reputation and thus legally to warrant summary dismissal [...] under the terms laid down" in the relevant provision. The fact that the complainant "was ill at the time and that special sick leave for officials is normally provided for [...] constitutes no obstacle to the enforcement of the said provision by the Director-General."
Keywords:
conduct; disciplinary measure; illness; organisation's reputation; outside activity; serious misconduct; summary dismissal; termination of employment;
Judgment 69
12th Session, 1964
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The quashing of the decision impugned not being impossible or not seeming inappropriate, the Tribunal could not base itself on article VIII of its Statute in order to grant an indemnity to the complainant who, moreover, has not claimed any indemnity."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
probationary period; termination of employment;
Consideration 2
Extract:
"By virtue of this right, before a decision to his detriment is taken, every official should have the opportunity of acquainting himself with the elements taken as the basis for this decision and of explaining himself with regard to them. It follows, in particular, that he cannot be the subject of a termination decision as long as he has not received the evaluation reports concerning him and has not been allowed the opportunity to dispute their contents. The principle stated, which applies even in the absence of express texts, is, moreover, embodied in the provisions of [the Staff Rules]."
Keywords:
consequence; flaw; performance report; probation report; probationary period; right to reply; termination of employment; work appraisal;
Judgment 63
11th Session, 1962
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"As this is the heaviest penalty which can be inflicted, and can be applied without prior consultation with a joint body, this provision must not be given a broad interpretation. It applies to an official who, in the first place, fails in his duty and, in the second place, thereby commits serious misconduct." In the present case, the complainant was dismissed without advance notice. "It is, therefore, necessary to consider whether the conditions on which the validity of such an action depends were complied with, i.e. whether the complainant failed in his duty and was thus guilty of serious misconduct."
Keywords:
disciplinary measure; judicial review; serious misconduct; summary dismissal; termination of employment;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
The changes in the guarantees provided in the event of abolition of post "constitute a serious infringement of the terms of appointment" of the complainant. He is therefore justified in maintaining that the Secretary-General was not entitled to declare that the material regulation was applicable to his terms of appointment.
Keywords:
abolition of post; amendment to the rules; provision; safeguard; staff regulations and rules; termination of employment; terms of appointment;
Consideration 24
Extract:
A comparison of the old and new provisions reveals "that in the event of termination owing to the abolition of the official's post the new regulations abolish all immediate right to a pension and substitute for an allowance of a stated amount, guaranteed under the former article [...] a benefit of an amount to be decided by the administrative council at its absolute discretion; these two changes constitute a serious infringement of the [complainant's] terms of appointment [...]."
Keywords:
abolition of post; acquired right; amendment to the rules; discontinuance; pension entitlements; provision; repeal; staff regulations and rules; terminal entitlements; termination of employment; terms of appointment;
Judgment 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As defaulting on financial obligations and incurring debts beyond the debtor's capacity to repay [...] are incompatible with the standards of conduct required of an international civil servant and are likely to bring the organization and its officials into public disrepute [...]. The Director General's decision to terminate the complainant's probationary appointment [...] was in the circumstances of this case fully justified."
Keywords:
conduct; debt; organisation's reputation; probationary period; staff member's duties; termination of employment;
Judgment 42
8th Session, 1960
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although it is not specifically provided for in [the material rule], it is permissible to terminate the appointment of a probationer official in the course of his period of probation with the result that he ceases to be entitled to his salary provided that one month's notice is given. If on the conclusion of the probationary period the appointment of a member of the staff [...] may be terminated with one to three months' notice [...] a probationer official cannot have more extensive rights."
Keywords:
notice; probationary period; termination of employment;
Consideration 2
Extract:
The complainant spoke ill of an official of the organization to national authorities. "The complainant's attitude was therefore such as to make [the organization] lose confidence in him. It was incompatible 'with the oath [...] which required him to act 'with the interests of the [organization] only in view' [...] to avoid any action which might adversely reflect on his status [...] and laid on him the obligation to show discretion [...]. In effect, the complainant's conduct was not satisfactory and he showed himself unsuited to international service." The termination of his appointment is warranted.
Keywords:
conduct; duty of discretion; fitness for international civil service; probationary period; staff member's duties; termination of employment;
Judgment 23
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (D)
Extract:
"The grounds adduced [for the dismissal] are [...] the duty of officials 'to conduct themselves at all times in a manner befitting their status as international civil servants', 'to bear in mind the reserve and tact incumbent upon them by reason of their international status' and at no time to lose sight of the interests of the international organisation for which they serve."
Keywords:
conduct; duty of discretion; fitness for international civil service; grounds; staff member's duties; 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 16
5th Session, 1955
International Institute of Intellectual Co-operation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
"By acquiescing [...] in the reply given to her by the Director [...] (according to which reply the claim made by the complainant at the time of her termination that the termination certificate should state her grade as that of chief clerk was not founded), the complainant abandoned the only grievance which she claimed at the time against [the Institute] in so doing she waived the means of appeal open to her under the Staff Regulations".
Keywords:
acquiescence; internal appeal; no cause of action; termination of employment; waiver of right of appeal;
Judgment 14
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Staff Regulations provide that in the event of a reduction of staff preference be given to staff members with permanent appointments. The "systematic recourse to the statutory exception would be contrary to the spirit of the provisions governing the conditions of service of permanent officials who must in principle be protected against [budgetary] fluctuations, and would thus lead to rendering the notion of permanency of function void of substance; [...] such a procedure would impede good administration and endanger the sound functioning of the international organisations.
Keywords:
abolition of post; budgetary reasons; contract; effect; organisation's interest; permanent appointment; priority; staff reduction; termination of employment;
Judgment 13
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General based his decision on the provision empowering him to dismiss at any time a probationer whose services are deemed unsatisfactory on condition that the reasons for the decision be given in writing. The internal appeals body believed that the provision on the interests of the organization afforded a further possible justification for the measure. The director confirmed the decision. "At that stage [...] a change of grounds would have vitiated the procedure".
Keywords:
amendment to the rules; discretion; duty to substantiate decision; enforcement; flaw; grounds; organisation's interest; probationary period; procedural flaw; staff regulations and rules; termination of employment; unsatisfactory service;
Considerations
Extract:
"The discretionary power of the Director-General in this matter cannot be exercised for reasons not clearly specified [...] He cannot invoke one reason for exercising his powers when in reality his action is based on another reason since this would constitute misuse of power likely to lead to rescission of the decision."
Keywords:
abuse of power; discretion; grounds; misuse of authority; probationary period; termination of employment;
Considerations
Extract:
"The Administrative Tribunal of the United Nations, in its Judgement No. 4, stated 'that, while it is not for the Tribunal to substitute its judgment for that of the Secretary-General with respect to the adequacy of the grounds for termination stated, it is for the Tribunal to ascertain that an affirmative finding of cause which constitutes reasonable grounds for termination has been made, and that due process has been accorded in arriving at such an affirmative finding'."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
ILOAT Judgment(s): 4
Keywords:
grounds; judicial review; probationary period; termination of employment;
On the substance
Extract:
The organization refused to disclose a document which directly concerned the complainant. "In consequence, it is the duty of the Tribunal to consider as established the fact that the decision [to dismiss the complainant] is not really based on the grounds of unsatisfactory service but on personal considerations extraneous to such grounds [...]. It therefore constitutes an act of misuse of power and must be rescinded."
Keywords:
abuse of power; bias; disclosure of evidence; grounds; misuse of authority; organisation; presumption; probationary period; refusal; 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 5
1st Session, 1947
International Institute of Intellectual Co-operation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The fact of being [wrongfully] dismissed for misconduct has had a highly prejudicial effect on the moral and social standing of the Complainant and has necessarily crippled his chances of finding other means of livelihood in an employment corresponding to his capabilities and his experience[.] [O]n this ground, the [organisation] must compensate the Complainant for an injury which is both material and moral in character".
Keywords:
material injury; moral injury; serious misconduct; termination of employment;
Considerations
Extract:
Under the material provision only an official found "guilty" of misconduct may be dismissed. "[I]n order that an official may be considered as 'guilty', it is obviously necessary that he should be first informed in clear and precise terms of the grave charge against him and that he then have the possibility of defending himself before the competent authority before the latter takes its decision[.] [N]one of these conditions was fulfilled[.] [T]he [organisation] must therefore be charged with responsibility under this head".
Keywords:
decision; duty to substantiate decision; grounds; right to reply; serious misconduct; termination of employment;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19
|
