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 3900
125th Session, 2018
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her contract owing to the closure of the CDE and the terms and conditions of that termination.
Judgment keywords
Keywords:
abolition of post; closure of organisation; complaint allowed; fixed-term; termination of employment;
Judgment 3887
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to dismiss him, for misconduct, with immediate effect and with reduction of pension entitlements.
Consideration 13
Extract:
The complainant’s refusal to fulfill his obligations with regard to his work as an examiner is well-established. However, the President’s decision to dismiss the complainant under Article 93(2)(f) of the Service Regulations is vitiated by the fact that neither the President, nor the Disciplinary Committee could have made a proper assessment of the allegations without taking into account whether the complainant acted intentionally, and in control of his faculties, or if the complainant suffered from a mental illness that prevented him from behaving in accordance with his obligations as a permanent employee.
Keywords:
disciplinary measure; duty of care; health reasons; intention of parties; misconduct; termination of employment; termination of employment for health reasons;
Judgment 3882
124th Session, 2017
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 with immediate effect for misconduct.
Judgment keywords
Keywords:
complaint dismissed; disciplinary procedure; misconduct; termination of employment;
Judgment 3881
124th Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant him sick leave after his dismissal for misconduct.
Judgment keywords
Keywords:
complaint allowed; misconduct; sick leave; termination of employment;
Judgment 3875
124th Session, 2017
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him on disciplinary grounds.
Judgment keywords
Keywords:
complaint dismissed; disciplinary procedure; termination of employment;
Judgment 3872
124th Session, 2017
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; disciplinary procedure; misconduct; termination of employment;
Judgment 3866
124th Session, 2017
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to confirm her appointment at the end of her probationary period.
Judgment keywords
Keywords:
complaint allowed; decision quashed; probationary period; termination of employment;
Judgment 3865
124th Session, 2017
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment due to the redundancy of her post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; termination of employment;
Consideration 5
Extract:
The rights and duties of the employee and the organization crystallise not when a decision is taken that the job is no longer needed by the organization but when, as a result, a decision is taken to terminate the employment of the person occupying that position.
Keywords:
abolition of post; termination of employment;
Judgment 3863
124th Session, 2017
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his appointment on disciplinary grounds.
Judgment keywords
Keywords:
complaint allowed; disciplinary procedure; termination of employment;
Judgment 3862
124th Session, 2017
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of her appointment on disciplinary grounds.
Judgment keywords
Keywords:
complaint allowed; disciplinary procedure; termination of employment;
Judgment 3860
124th Session, 2017
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to reject his request for suspension of the decision to abolish his post and terminate his contract pending the outcome of the internal appeal proceedings.
Judgment keywords
Keywords:
complaint dismissed; suspensive action; termination of employment;
Judgment 3858
124th Session, 2017
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment.
Judgment keywords
Keywords:
complaint dismissed; termination of employment;
Judgment 3853
124th Session, 2017
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his contract on the grounds of unsatisfactory service.
Judgment keywords
Keywords:
complaint allowed; termination of employment; unsatisfactory service;
Judgment 3852
124th Session, 2017
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to summarily dismiss her for serious misconduct.
Consideration 13
Extract:
The Tribunal concludes that, based on the evidence, the Director-General could properly determine that the misconduct was proven beyond a reasonable doubt. He therefore properly exercised his discretion to dismiss the complainant summarily, as he did.
Keywords:
burden of proof; disciplinary measure; discretion; termination of employment;
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; misconduct; termination of employment;
Judgment 3845
124th Session, 2017
African, Caribbean and Pacific Group of States
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment at the end of his probationary period.
Judgment keywords
Keywords:
complaint allowed; decision quashed; probationary period; termination of employment;
Judgment 3844
124th Session, 2017
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment at the end of his probationary period for unsatisfactory performance and conduct.
Judgment keywords
Keywords:
complaint dismissed; probationary period; termination of employment;
Judgment 3843
124th Session, 2017
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his contract at the end of his probationary period.
Judgment keywords
Keywords:
complaint dismissed; probationary period; termination of employment;
Consideration 4
Extract:
The Director-General recognized that the termination notice was not given within the prescribed time limit of two weeks before the day of the termination of the six-month probationary period and accordingly followed the Mediator’s recommendation to compensate the complainant with the payment of “an amount equivalent to three months of the salary, including allowances, paid to him during his employment”. The complainant’s assertion that the lateness of the termination notice had the effect of an implicit confirmation of his contract is unfounded. He cites Judgment 3070 to support his assertion but this judgment is not applicable in the present case. Judgment 3070 concerned a situation in which a staff member was put on a six-month probationary period although the Staff Rules provided only for a three-month probationary period. Therefore, the Tribunal found that the notice of termination had to be considered as dismissal before the expiry of the complainant’s contract. In the present case, the termination notice was given prior to the end of the probationary period [...]. The fact that it was given three days after the time limit provided by Article 6.2(c) of the Staff Regulations (“[a]t least two weeks before the end of the probationary period the staff member shall receive notice in writing that his contract is confirmed or terminated”) does not imply that the complainant’s contract should have been considered as automatically confirmed. The wording of Article 6.2(c) (“confirmed or terminated”) excludes the possibility of an automatic or implied confirmation or termination. The Tribunal finds that the payment of compensation in an amount equivalent to three months’ salary and allowances, as recommended by the Mediator and endorsed by the Director-General, was sufficient to remedy the late notification.
Reference(s)
ILOAT Judgment(s): 3070
Keywords:
notice; termination of employment;
Judgment 3838
124th Session, 2017
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment.
Judgment keywords
Keywords:
complaint allowed; decision quashed; termination of employment;
Judgment 3766
123rd Session, 2017
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her contract during her extended probationary period.
Judgment keywords
Keywords:
complaint allowed; decision quashed; probationary period; termination of employment;
Judgment 3755
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his continuing appointment owing to the abolition of his position.
Consideration 19
Extract:
[B]efore terminating [the complainant's] appointment, WHO should have ascertained whether he was prepared to accept a post at a grade lower than that of the position which he had held previously (see Judgment 1782, under 11). It was not up to the complainant to prove that he was able to remain in the Organization’s service in some capacity; it was up to the Organization to prove the contrary (see Judgment 2830, under 9, in fine).
Reference(s)
ILOAT Judgment(s): 1782, 2830
Keywords:
burden of proof; duty of care; termination of employment;
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