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Abandonment of post (390,-666)
You searched for:
Keywords: Abandonment of post
Total judgments found: 7
Judgment 4750
137th Session, 2024
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment for unauthorised absence and abandonment of post.
Consideration 6
Extract:
[T]he Tribunal notes that the complainant has clearly expressed her intention not to return to The Hague, despite the various requests that she do so. Indeed, in an email of 29 March 2021, the complainant put her position in the following terms: “[...] After much thoughts, I choose not to return to The Hague on 1st April 2021”.
Keywords:
abandonment of post;
Consideration 4
Extract:
[T]he Tribunal observes that although the complainant did submit a medical certificate dated 27 August 2020 [...], she did not provide a medical certificate stating that the restriction on air travel was still valid in April 2021, even though she was explicitly requested to do so. The Tribunal notes in particular that the medical certificate of 26 February 2021 did not confirm that it would be impossible for the complainant to fly back to her duty station in The Hague on 31 March 2021.
In a similar case in that regard, the Tribunal found that “[a complainant’s] refusal, without persuasive justification, to submit the requested [medical] information [...] [was] ample indication of her intent to abandon her post” (see Judgment 1834, consideration 7).
Reference(s)
ILOAT Judgment(s): 1834
Keywords:
abandonment of post;
Judgment keywords
Keywords:
abandonment of post; complaint dismissed; termination of employment;
Consideration 4
Extract:
[A]ccording to the Tribunal’s established case law, there can be no question of abandonment of post unless the staff member shows her or his intention not to return (see Judgments 4243, consideration 18, 3853, consideration 21, 1834, consideration 7, and 392, consideration 4).
Reference(s)
ILOAT Judgment(s): 392, 1834, 3853, 4243
Keywords:
abandonment of post;
Judgment 4243
129th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the dismissal of her complaint of discrimination and harassment.
Consideration 18
Extract:
According to the Tribunal’s established case law, there can be no question of abandonment of post unless the staff member shows an intention not to return (see Judgments 3853, consideration 21, 1834, consideration 7, and 392, consideration 4).
Reference(s)
ILOAT Judgment(s): 392, 1834, 3853
Keywords:
abandonment of post;
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.
Consideration 21
Extract:
A staff member abandons her or his post if she or he shows an intention not to return (see Judgment 392, consideration 4).
Reference(s)
ILOAT Judgment(s): 392
Keywords:
abandonment of post;
Judgment 2494
100th Session, 2006
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainants were issued a reprimand on the grounds that they had participated in industrial action which management considered to be unlawful and for abandoning their post in the course of their shift. "Considering Eurocontrol's special missions relating to the safety of air navigation, the right to strike - the lawfulness of which is not disputed - must not lead to sudden stoppages of activity such as occur when shift work is abandoned. The complainants do not deny the charges made against them in this respect. The Tribunal therefore considers that, while the first ground mentioned by the Agency - namely, participation in unlawful strike action - could not legally justify the contested disciplinary measure, this second ground did justify a penalty."
Keywords:
abandonment of post; acceptance; censure; disciplinary measure; enforcement; grounds; limits; right to strike; strike;
Judgment 1834
86th Session, 1999
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organization placed the complainant on special leave without pay in August 1995, and told her in January 1996 that to stay on special leave she would have to provide medical certificates of inability to go back to work. "The complainant contends that her separation was in breach of her special leave status. [The Tribunal holds that] the receipt of [monthly medical] reports by the chief medical officer was clearly a condition of her maintaining special leave status. Her refusal, without persuasive justification, to submit the requested information [over several months] is a breach of that condition and ample indication of her intent to abandon her post."
Keywords:
abandonment of post; condition; illness; medical certificate; refusal; special leave; staff member's duties; termination of employment;
Judgment 392
43rd Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Abandonment implies the physical failure to perform a contractual duty and the intention to abandon future performance. The applicable provision allows the intention to be assumed from the fact of absence without reasonable explanation for fifteen days. "The explanation has not got to be one that exonerates the staff member from breach of contract or from other disciplinary measures, but it has to be one which negatives the intention to abandon."
Keywords:
abandonment of post; definition; presumption; unauthorised absence;
Considerations 4, 6, 7 and 8
Extract:
Abandonment presupposes intention, which is to be assumed, under the applicable provision, from the fact of absence without explanation for fifteen days. The complainant failed to report as ordered to her chief. "By challenging the order in the manner prescribed by the Regulations, the complainant was affirming the contract, not abandoning it." An appeal entered for the purpose of delay will not do. The complainant had a bona fide case. The decision to terminate her appointment for abandonment of post must therefore be quashed.
Keywords:
abandonment of post; decision quashed; termination of employment; unauthorised absence;
Consideration 4
Extract:
A provision exists for the termination of appointment in the event of abandonment of post. The rule must be interpreted in the light of the ordinary principles of contract law. "If one party to a contract fails or refuses to perform his duties under the contract in circumstances which show that he does not intend ever again to resume them, i.e. show [...] that he is abandoning his post, the other party is entitled to treat the contract as at an end".
Keywords:
abandonment of post; condition; consequence; law of contract;
Consideration 8
Extract:
The Tribunal believes that there was no abandonment of post because the complainant challenged her assignment in the prescribed manner. The decision is therefore quashed. "To succeed in a claim for reinstatement or compensation, [the complainant] would have to satisfy the Tribunal that the assignment was in fact invalid; the Tribunal in its Judgment No. 375 has decided the contrary."
Reference(s)
ILOAT Judgment(s): 375
Keywords:
abandonment of post; assignment; procedure before the tribunal; refusal; transfer;
Judgment 214
31st Session, 1973
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant was dismissed for having abandoned his post. Immediately before the end of their contracts, officials are required to undergo an examination by the staff physician. "The complainant was not so examined. Non-compliance with this rule does not of itself render a termination invalid."
Keywords:
abandonment of post; condition; contract; fixed-term; medical examination; organisation's duties; separation from service; termination of employment; unauthorised absence;
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