Termination of employment (389, 390, 391, 393, 395, 396, 398, 843, 969,-666)
You searched for:
Keywords: Termination of employment
Total judgments found: 382
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Judgment 4490
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of damages awarded for the unlawful decision not to renew her fixed-term contract as a Principal Director and to reinstate her in a lower-level post instead.
Judgment keywords
Keywords:
complaint allowed; termination of employment;
Judgment 4415
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to impose upon him the disciplinary measure of dismissal for misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; disciplinary measure; health reasons; medical grounds; misconduct; termination of employment; termination of employment for health reasons;
Judgment 4411
132nd Session, 2021
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment as a result of the abolition of her post.
Consideration 23
Extract:
Regarding the complainant’s request for the payment of the remaining 37 days of her unused annual leave, as the Appeals Committee correctly noted, it was due to the unlawful termination of her appointment that the complainant could not use those days of leave prior to the expiry of her appointment. In these circumstances, the complainant is entitled to be paid the remaining 37 days of leave.
Keywords:
abolition of post; annual leave; leave; material injury; termination of employment;
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; termination of employment;
Judgment 4405
132nd Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; reorganisation; termination of employment;
Consideration 6
Extract:
[T]he decision to terminate the complainant’s appointment, which was based on the abolition of her position, is without legal foundation and is therefore also unlawful.
Keywords:
abolition of post; termination of employment;
Judgment 4400
131st Session, 2021
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the International Labour Office, impugns the decisions of the Director-General to issue a reprimand against him, to revoke his appointment as a Director, to appoint another person to that post and, finally, to discharge him with notice.
Judgment keywords
Keywords:
complaint dismissed; criminal sanction; disciplinary measure; private life; termination of employment;
Judgment 4369
131st Session, 2021
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; redeployment; termination of employment;
Judgment 4364
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to impose on him the disciplinary measure of dismissal for misconduct.
Judgment keywords
Keywords:
complaint dismissed; misconduct; termination of employment;
Judgment 4362
131st Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her summary dismissal for serious misconduct.
Consideration 18
Extract:
Any breach of confidentiality by staff of an international court is an extremely serious matter. But there will be cases where the breach is grave and undoubtedly warrants summary dismissal and others where that outcome is not so obviously justified. It is possible that, had the matter been approached properly by the ICC, a decision would have been made not to dismiss the complainant. Equally a decision might have been made to dismiss her.
Keywords:
breach of confidentiality; termination of employment;
Judgment 4360
131st Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her summary dismissal for serious misconduct.
Consideration 20
Extract:
Ordinarily, when a decision to dismiss a staff member is legally flawed, it is set aside and the Tribunal considers, in appropriate circumstances, whether the complainant should be reinstated and the financial consequences on the complainant of the unlawful decision.
Keywords:
decision quashed; reinstatement; termination of employment;
Judgment 4351
131st Session, 2021
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her dismissal from service for misconduct.
Judgment keywords
Keywords:
complaint dismissed; misconduct; termination of employment;
Judgment 4321
130th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of her fixed-term contract.
Consideration 8
Extract:
[T]he complainant’s assertion the EPO breached its duty of care owed to her is unsubstantiated. The complainant was given six months’ notice of the termination of her contract; the termination of the contract occurred at the contractually agreed time, as stated in her last extension; and the complainant received valid reasons for the decision.
Keywords:
grounds; termination of employment;
Judgment 4310
130th Session, 2020
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to apply the sanction of summary dismissal to him.
Consideration 13
Extract:
The complainant seeks reinstatement at the ILO. As a rule, an official dismissed on disciplinary grounds whose dismissal is set aside is entitled to be reinstated. However, the Tribunal may refuse to make such an order if reinstatement is no longer possible or if it is inappropriate. According to the Tribunal’s case law, reinstatement is inadvisable when an employer has valid reasons for losing confidence in an employee (see, in particular, Judgments 1238, under 4, and 3364, under 27) [...].
Reference(s)
ILOAT Judgment(s): 1238, 3364
Keywords:
disciplinary measure; reinstatement; termination of employment;
Judgment 4308
130th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him for misconduct.
Judgment keywords
Keywords:
complaint dismissed; misconduct; termination of employment;
Consideration 18
Extract:
As the Tribunal said in Judgment 3640, consideration 29, “[t]he disciplinary authority within an international organisation has a discretion to choose the disciplinary measure imposed on an official for misconduct. However, its decision must always respect the principle of proportionality which applies in this area.” The disciplinary measure of dismissal was not disproportionate, particularly having regard to the complainant’s alteration of the email of Ms D. This was a manifestation of dishonesty and fraud and it was open to WHO, as the disciplinary authority with a power to decide the disciplinary measure, to view the totality of the complainant’s conduct as misconduct warranting dismissal.
Reference(s)
ILOAT Judgment(s): 3640
Keywords:
disciplinary measure; proportionality; termination of employment;
Judgment 4247
129th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her dismissal from service for serious misconduct.
Judgment keywords
Keywords:
complaint dismissed; misconduct; termination of employment;
Judgment 4245
129th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her employment for reasons of health.
Judgment keywords
Keywords:
complaint dismissed; health reasons; termination of employment; termination of employment for health reasons;
Judgment 4234
129th Session, 2020
International Office of Epizootics
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him.
Judgment keywords
Keywords:
complaint allowed; decision quashed; termination of employment;
Judgment 4227
129th Session, 2020
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him for misconduct.
Judgment keywords
Keywords:
complaint dismissed; disciplinary procedure; misconduct; termination of employment;
Judgment 4215
129th Session, 2020
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to confirm his appointment at the end of his probation period.
Consideration 17
Extract:
[A]lthough the complainant must have known that the Secretary General was not satisfied with his performance, he was not given the necessary time to remedy this situation. To underline this point, it suffices to recall that the decision to end the complainant’s appointment was taken on 25 April 2013, that he was notified of it – according to his uncontested account – on 30 April and that it took effect on 1 May, whereas the complainant had taken up his duties just a few weeks previously on 1 March 2013, and his probation period was due to end on 30 June. The complainant thus had very little time to prove his worth and, above all, was given no opportunity to take appropriate action in response to the criticisms directed at him. This is made still clearer by the emails submitted by the Organisation showing that the Secretary General’s criticisms of the complainant were, for the most part, not made until the fortnight immediately preceding the decision of 25 April. The fact is that when the complainant received the decision, he was presented with a fait accompli, which blatantly contradicts the requirement laid down in the case law that in such a situation a staff member must be granted sufficient time to enable him to improve his performance.
Keywords:
duty of care; duty to inform; probationary period; termination of employment;
Judgment 4180
128th Session, 2019
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her appeal against the decision to abolish her post and terminate her appointment, the decision not to shortlist her for a specific position and the decisions not to select her for three other positions.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; selection procedure; termination of employment;
Judgment 4177
128th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her fixed-term appointment for health reasons.
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; health reasons; termination of employment; termination of employment for health reasons;
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