Termination of employment (389, 390, 391, 393, 395, 396, 398, 843, 969,-666)
You searched for:
Keywords: Termination of employment
Total judgments found: 377
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Judgment 3295
116th Session, 2014
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint concerning a disciplinary measure was dismissed by the Tribunal on the grounds that he had not demonstrated the existence of an error warranting the cancellation of the sanction.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; misconduct; termination of employment;
Consideration 11
Extract:
"The complainant also takes the position that PAHO failed to give him a warning or the opportunity to correct the situation prior to bringing disciplinary action. In Judgment 1661, under 3, the Tribunal framed an organisation’s obligations in the following terms: “Before an organisation imposes a disciplinary penalty such as dismissal it must warn the staff member and give him the opportunity not only of stating his own case but also of refuting the organisation’s: in other words, there must be due process. So he must be told of the charges and of the evidence against him. If the proceedings are to be properly adversarial, he must be free to give his own version of the facts, refute that evidence, adduce his own, take part in the discussion of it, and at least once crossquestion the expert and other witnesses. See, for example, Judgments 512 […] under 5; 907 […] under 4; 999 […] under 5; 1082 […] under 18; 1133 […] under 7; 1212 […] under 3; 1228 […] under 4; 1251 […] under 8; 1384 […] under 5, 10 and 15; 1395 […] under 6; 1484 […] under 7 and 8.”"
Reference(s)
ILOAT Judgment(s): 512, 907, 999, 1082, 1133, 1212, 1228, 1251, 1384, 1395, 1484, 1661
Keywords:
case law; disciplinary measure; disciplinary procedure; due process; inquiry; investigation; misconduct; organisation's duties; right to reply; summary dismissal; termination of employment;
Judgment 3290
116th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; delay; fixed-term; grade; organisation's duties; reassignment; respect for dignity; termination of employment;
Judgment 3259
116th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The application for execution of Judgments 2830 and 3014 was rejected by the Tribunal.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 2830, 3014
Keywords:
application for execution; compensatory allowance; complaint dismissed; organisation's duties; reinstatement; termination of employment;
Judgment 3257
116th Session, 2014
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision to offer him a one-year extension of his fixed-term contract rather than the two-year extensions he had previously received.
Considerations 11 and 12
Extract:
"These facts were significant as they highlight the need for reasons in this case because these circumstances impacted the complainant’s ability to assess whether he should have accepted the offer of the one-year extension of his contract and whether he should challenge the decision.
It is also significant that the complainant was reminded of the deadline [...], when he had not yet received the explanation. Additionally, it was in the letter [...], which included the explanation, that the Executive Secretary informed the complainant that his contract would expire [...] because he had failed to accept the offer of extension. The Tribunal therefore finds that the decision to offer the one-year extension to the complainant was flawed by the failure of the Administration to provide a timely explanation for that decision."
Keywords:
case law; contract; decision; duration of appointment; extension of contract; flaw; notice; offer; termination of employment;
Judgment 3247
116th Session, 2014
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant was on reimbursable loan from UNOPS to the Global Fund, when she was notified of the non-renewal of her contract for unsatisfactory performance.
Judgment keywords
Keywords:
competence of tribunal; complaint dismissed; official; organisation; receivability of the complaint; termination of employment; unops;
Judgment 3239
115th Session, 2013
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal quashed the decision to terminate the complainant’s contract because it was taken on the basis of flawed performance evaluation reports.
Judgment keywords
Keywords:
complaint allowed; decision quashed; performance report; termination of employment;
Judgment 3238
115th Session, 2013
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to terminate their appointments due to the abolition of their posts following a restructuring.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; termination of employment;
Judgment 3235
115th Session, 2013
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant submits that the decision to terminate his contract on the basis of unsatisfactory service was flawed.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; flaw; termination of employment; unsatisfactory service;
Judgment 3224
115th Session, 2013
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully contests the termination of her appointment for unsatisfactory service, alleging the absence of a genuine assessment procedure.
Judgment keywords
Keywords:
complaint allowed; decision quashed; reinstatement; termination of employment; unsatisfactory service;
Judgment 3208
115th Session, 2013
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his contract following the abolition of his post.
Judgment keywords
Keywords:
abolition of post; case sent back to organisation; complaint allowed; decision quashed; motivation; motivation of final decision; termination of employment;
Judgment 3170
114th Session, 2013
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that she was the victim of harassment and that the investigation thereon was flawed.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3010, 3131
Keywords:
abolition of post; complaint allowed; harassment; inquiry; investigation; reorganisation; termination of employment;
Judgment 3169
114th Session, 2013
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his contract following the abolition of his post, which, in his view, was not taken by the competent body.
Judgment keywords
Keywords:
abolition of post; complaint allowed; reorganisation; termination of employment;
Judgment 3162
114th Session, 2013
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to terminate his appointment which, in his view, is flawed for breach of due process.
Judgment keywords
Keywords:
complaint allowed; decision quashed; probationary period; termination of employment;
Judgment 3141
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 35 to 37
Extract:
The Tribunal must emphasise that the manner in which WHO handled this case amounted to serious wrongdoing. The abrupt termination of the complainant’s appointment after the measures adopted by the Swiss authorities was prompted by an anomalous situation which, although it was primarily due to the complainant’s unlawful presence in Switzerland dating back several years, was also the result of grave malfunctioning within the Organization.
Indeed, when recruiting its officials an international organisation must ensure that their status complies with the laws of the host State governing the residence of aliens, failing which it may be held to have abused the privileges and immunities conferred upon it and upon its staff members.
In the instant case WHO acted with great negligence from this point of view since, as is plain from the file, it failed to carry out any checks to ascertain the complainant’s status in this respect when he was recruited and when his appointment was extended on the first two occasions. This negligence was aggravated when the complainant then submitted an application for a legitimation card, because the Organization mechanically forwarded this application to the Permanent Mission of Switzerland, although the complainant merely produced the above-mentioned power of attorney with the letterhead of the UNIA trade union as proof that he was lawfully present in Switzerland. Clearly this document could not be deemed in any way to be the equivalent of a residence permit issued by the Swiss authorities, or even as a guarantee that the complainant’s status would be regularised in the near future.
Keywords:
host state; negligence; termination of employment;
Consideration 45
Extract:
[I]n the very special circumstances of this case, WHO must be held responsible for the fact that – even if, in cancelling his journey to Côte d’Ivoire, the complainant’s reaction to the situation at that time was inappropriate – he was objectively deprived by the unlawful termination of his appointment of a possibility of regularising his stay in Switzerland and thereafter possibly continuing in service in the Organization. The injury thus suffered calls for redress the terms of which will be determined by the Tribunal.
Keywords:
damages; injury; termination of employment;
Judgment 3139
113th Session, 2012
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4 and 5
Extract:
The complainant has no grounds to regard the refusal to renew her contract as a disguised disciplinary measure imposed in retaliation for the internal appeals against her suspension [...].
Moreover, the decision of 31 March 2010 cannot be regarded as a dismissal decision; it was simply a decision not to renew a contract which was due to expire because, at that date, no request for review having been submitted within the prescribed time limit, the decision of 17 November 2009 extending the complainant’s appointment for five months had become final (see Judgment 3140, also delivered this day).
Although the decision of 31 March 2010 was therefore neither a disciplinary measure nor a dismissal, the complainant’s right to be heard had to be respected nonetheless.
Reference(s)
ILOAT Judgment(s): 3140
Keywords:
hidden disciplinary measure; non-renewal of contract; right to be heard; termination of employment;
Judgment 3137
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; disciplinary procedure; misconduct; termination of employment;
Consideration 6
Extract:
[I]t was for the Organization to establish misconduct beyond reasonable doubt and, this being a dismissal case, the complainant was entitled to the benefit of the doubt (see Judgment 2786, consideration 9). However, the burden of proof was effectively reversed when he was dismissed.
Reference(s)
ILOAT Judgment(s): 2786
Keywords:
burden of proof; standard of proof; termination of employment;
Judgment 3126
113th Session, 2012
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; disciplinary procedure; termination of employment;
Consideration 9
Extract:
In the proceedings before the Advisory Board and in these proceedings, the organization has raised matters in purported justification of the complainant’s dismissal that go beyond the grounds specified in the notice of dismissal.
"This is not permissible. To allow that course would seriously infringe on a staff member’s right to be heard before a disciplinary measure is imposed."
Keywords:
advisory body; breach; difference; disciplinary measure; grounds; iloat; notice; organisation's duties; procedure before the tribunal; right to reply; termination of employment;
Judgment 3124
113th Session, 2012
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; health reasons; right to be heard; termination of employment; termination of employment for health reasons;
Judgment 3119
113th Session, 2012
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; reinstatement; termination of employment;
Consideration 5
Extract:
"Where the staff regulations of an international organisation do not enable former staff members to avail themselves of the internal means of redress, the organisation cannot legally decide to terminate an appointment without giving the person concerned sufficient time to lodge an internal appeal, otherwise he would be deprived of his right to such an appeal."
Keywords:
condition; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; right of appeal; staff regulations and rules; status of complainant; termination of employment;
Judgment 3113
113th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; special leave; termination of employment;
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