Reinstatement (315,-666)
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Keywords: Reinstatement
Total judgments found: 174
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Judgment 1447
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
The complainant was wrongfully dismissed and "there are no proven facts which make his reinstatement 'not possible or advisable' within the meaning of Article VIII of the Tribunal's sSatute. The organisation must reinstate him and pay him salary, allowances and other entitlements as from [the date of his dismissal]. He need not give credit for any sums he may have earned since that date. For that reason he is awarded no sum in moral damages".
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
allowance; date; iloat statute; moral injury; reinstatement; salary;
Judgment 1427
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The Organization did not execute the judgment ordering it to reinstate the complainant as promptly as it should have. It caused him "needless uncertaintyby requiring him to apply for vacancies and by ignoring his request for reinstatement in the vacant post of storekeeper [which he formerly held]. It thus virtually compelled him to come back to the Tribunal".
Keywords:
application for execution; execution of judgment; judgment of the tribunal; moral injury; organisation's duties; reinstatement; vacancy;
Judgment 1425
79th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The judgment on which the complainant relies, "restored her contractual rights by quashing the unlawful dismissal. But it did not confer on her any rights beyond those she derived from her contract. Since the contract was for a fixed term CERN had no duty either to convert it into a permanent one or to extend it until she was fit to go back to work."
Keywords:
contract; execution of judgment; fixed-term; judgment of the tribunal; organisation's duties; reinstatement; termination of employment;
Judgment 1406
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal dismisses [the complainant's] claims to reinstatement or payment of two years' salary and to further moral damages to cover the injury to her future financial prospects since there was nothing unlawful in the WHO's refusal to reinstate her or extend her appointment."
Keywords:
claim; contract; good faith; material damages; moral injury; non-renewal of contract; organisation's duties; reinstatement;
Judgment 1395
78th Session, 1995
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant was dismissed under Staff Rule 2.6.01 which says that "appointments shall terminate on account of [...] g) dismissal for specified reasons of unsuitability." The Tribunal holds that this means, "first that the reasons must be 'specified' in some form that enables the staff member to understand them clearly and, secondly, that the statement of them must be prior to the actual dismissal. It is, after all, a general principle of law that the staff member must be afforded a proper opportunity, again prior to dismissal, to answer any allegations of unsuitability."
Reference(s)
Organization rules reference: EMBL'S STAFF RULE 2.6.01
Keywords:
due process; duty to substantiate decision; flaw; general principle; organisation's duties; reinstatement; right to reply; staff regulations and rules; termination of employment; unsatisfactory service;
Consideration 7
Extract:
The complainant was dismissed on grounds of unsuitability for work without having had a chance to answer the charges against her. The Tribunal orders her reinstatement and observes that she is also "entitled to an award of damages for moral injury in view of her seniority and her humiliation by being told that she 'need not be present in the laboratory until the end of [her] contract'."
Keywords:
moral injury; organisation's duties; reinstatement; respect for dignity; seniority; termination of employment; unsatisfactory service;
Judgment 1386
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
"The relief the complainant seeks includes reinstatement in his post or, failing that, damages for material and moral injury [...]. The Tribunal holds that reinstatement, which could only mean reinstatement for a further probationary period, would raise insurmountable practical difficulties because of the time that has elapsed since the date of dismissal [...]. [The complainant is] entitled to full compensation for the material and moral injury he sustained."
Keywords:
compensation; date; material damages; material injury; moral injury; probationary period; refusal; reinstatement; subsidiary; termination of employment;
Judgment 1384
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The complainant was accused of stealing computer equipment but no formal proof of this was ever given. The organization decided not to renew his fixed-term appointment on grounds of theft. The Tribunal holds that the complainant "must be put in the same position as if his contract had never terminated and be reinstated as from the date of termination up to the date of this judgment. Since his performance was good he should be granted any within-grade salary increases he would ordinarily have been entitled to. Although any indemnities or earnings from employment after termination may be deducted from the amounts due, he is entitled to the payment of interest on all arrears of pay at the rate of 8 per cent a year from the dates at which each component sum fell due. [...] He is to be granted an appointment for a period of two years starting at the date of delivery of this judgment."
Keywords:
compensation; contract; date; fixed-term; increment; interest on damages; non-renewal of contract; procedural flaw; professional injury; reckoning; reconstruction of career; reinstatement;
Consideration 18
Extract:
The organization accused the complainant of removing computer equipment from the work place. It decided not to renew his fixed-term appointment on the grounds of theft. "The damage to the complainant's career and reputation is so grave that nothing short of reinstatement and the grant of a further contract of employment will suffice."
Keywords:
compensation; contract; fixed-term; moral injury; non-renewal of contract; professional injury; reinstatement;
Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"The damage caused to the complainant's career and reputation is so grave that no form of redress short of reinstatement and the grant of a further contract of employment will suffice."
Keywords:
career; compensation; contract; injury; material injury; moral injury; reinstatement;
Judgment 1374
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Even if the reduction-in-force procedure had been properly carried out the letters [which the PAHO sent the complainants] did not give valid notice of termination. They gave the complainants only just over one month's notice [...], not the three months to which they were entitled under Rule 1050.3. For that reason too the complainants' contracts must be deemed to have been extended by implication."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.3
Keywords:
contract; flaw; intervention; non-renewal of contract; notice; procedure before the tribunal; reinstatement; staff reduction; staff regulations and rules; time limit;
Consideration 6
Extract:
According to the case law (see Judgments 469 and 1045) the reduction-in-force procedure "must be followed before, not after, notice of termination is given. In line with the rules and the case law, therefore, the notices of termination served on the complainants [...] were premature and so unlawful and without effect. For that reason [...] their contracts must be deemed to have been extended by implication."
Reference(s)
ILOAT Judgment(s): 469, 1045
Keywords:
case law; contract; due process; flaw; non-renewal of contract; notice; procedure before the tribunal; reinstatement; staff reduction; staff regulations and rules;
Judgment 1371
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The complainant not having received any valid notice under Rule 1050.3, his contract was renewed by implication and remains in force."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.3
Keywords:
contract; flaw; non-renewal of contract; notice; reinstatement; staff regulations and rules; termination of employment;
Judgment 1362
77th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[T]he Tribunal must rule yet again on WIPO's refusal to discharge the obligation to decide on reinstatement. As it has stated more than once, its judgments are to be given immediate effect. In the regrettable event that the Organization continues to disregard that rule and fails to act within 30 days of the date of delivery of this judgment, it must pay the complainant 10,000 swiss francs by way of penalty for each further month of delay."
Keywords:
amount; application for execution; continuing breach; decision; delay; execution of judgment; general principle; judgment of the tribunal; organisation's duties; penalty for delay; refusal; reinstatement; res judicata; time limit;
Judgment 1351
77th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"A decision not to renew a fixed-term contract does not interfere with any contractual right but merely disappoints expectation of further employment. The complainant is not entitled to the exceptional relief of reinstatement but only to an award of damages".
Keywords:
compensation; contract; damages; decision; exception; fixed-term; legitimate expectation; non-renewal of contract; reinstatement;
Judgment 1350
77th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
[The complainant] is [...] unsuccessful in his claim to reinstatement in a post in the Natural Sciences Sector or, failing that, any other suitable post. Despite the Organization's mistakes it is plain on the evidence [...] that the complainant would have had no prospect of renewal on normal expiry of his prematurely terminated appointment.
Keywords:
evidence; reinstatement; termination of employment;
Judgment 1342
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
Having been born on 24 October 1934, [the complainant] is now only a few months short of the normal age of retirement, which is sixty; moreover, he is already being paid a retirement pension. So it is too late to order reinstatement or compliance with the reduction-in-force procedure.
Keywords:
reinstatement; retirement;
Judgment 1338
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Although Judgment 1133 declared [the complainant's] dismissal null and void it did not order reinstatement." The WHO exercised the "option of paying him financial compensation: that was in lieu of reinstatement".
Reference(s)
ILOAT Judgment(s): 1133, 1219
Keywords:
application for execution; compensation; judgment of the tribunal; organisation's duties; reinstatement; subsidiary;
Judgment 1328
76th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"As for [WIPO's] failure to take the 'new decision' ordered in point 2 [of the operative part of the judgment whose application is sought], it is in breach of good faith in forcing the complainant to the point of appealing against a refusal he has to infer from its own silence. Under point 2 it is required to give him an express and properly substantiated decision on the matter of reinstatement".
Keywords:
application for execution; duty to substantiate decision; express decision; good faith; implied decision; organisation's duties; reinstatement;
Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 37-39
Extract:
The complainant seeks reinstatement in a post he held under a fixed-term appointment. "Reinstatement is a form of restitutio in integrum that will afford proper redress when the holder of an indefinite appointment has been wrongfully dismissed. [...] The Tribunal may consider ordering the reinstatement even of someone who held a fixed-term appointment provided that the circumstances are exceptional". Having referred to the relevant case law on exceptions, the Tribunal observes that there is nothing exceptional in the present case and dismisses his main claim "since reinstating him would in the circumstances be tantamount to direct interference by the Tribunal in the structuring of the ITU's secretariat".
Keywords:
case law; contract; fixed-term; non-renewal of contract; permanent appointment; reinstatement; termination of employment;
Judgment 1313
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
In an earlier judgment the Tribunal ordered the WHO to reinstate the complainant or, failing that, to pay him compensation. The WHO paid him the compensation after stating in a letter to him that it was unable to reinstate him. "The letter [...] does not say why reinstating him proved impossible. It is mere notification, not an explanation [...] its decision not to reinstate him therefore cannot stand."
Keywords:
application for execution; duty to substantiate decision; material damages; refusal; reinstatement; subsidiary;
Judgment 1298
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
In view of the complainant's "length of service, loss of pension entitlements if he is not reinstated and the difficulty he would no doubt face in finding other employment at his age, the Tribunal holds that it should order him reinstatement since it would not be fair just to award him financial compensation."
Keywords:
equity; pension entitlements; reinstatement; seniority;
Judgment 1247
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant's termination has not been justified on the grounds of serious misconduct. "Reinstatement is no longer possible. The Tribunal therefore awards him, in accordance with Article VIII of its Statute, compensation in a sum of 600 dollars, the full amount of remuneration due for the rest of his contract."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
compensation; contract; grounds; iloat statute; reinstatement; salary; serious misconduct; termination of employment; tribunal;
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