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Judgment No. 2745

Decision

The complaints are dismissed.


Consideration 13

Extract:

"'Constructive dismissal' is a phrase used to signify that an organisation has breached the terms of a staff member's contract in such a way as to indicate that it will no longer be bound by that contract."

Keywords

implied decision; international civil servant; organisation; breach; contract; termination; condition; definition


Consideration 19

Extract:

"It was said in Judgment 2524 that, although harassment and mobbing do not require bad faith or prejudice or other malicious intent, 'behaviour will not be characterised as harassment or mobbing if there is a reasonable explanation for the conduct in question'. Thus, it was said in Judgment 2370 that conduct that 'had a valid managerial purpose or was the result of honest mistake, or even mere inefficiency' would not constitute harassment. However and as pointed out in Judgment 2524, 'an explanation which is prima facie reasonable may be rejected if there is evidence of ill will or prejudice or if the behaviour in question is disproportionate to the matter which is said to have prompted the course taken'."

Reference(s)

ILOAT Judgment(s): 2370, 2524

Keywords

appraisal of facts; material error; grounds; judgment; evidence; good faith; organisation's duties; respect for dignity; proportionality; qualifications; intention of parties; conduct; mistake of fact; bias; condition; consequence; definition



 
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