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Reconstruction of career (128,-666)

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Keywords: Reconstruction of career
Total judgments found: 8

  • Judgment 2306


    96th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 11

    Extract:

    "As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, an employee is entitled, in the case of wrongful termination, to salary and entitlements only up to the date on which the contract would normally have expired. Of course, in some circumstances, material damage may extend beyond the salary and allowances that would otherwise have been paid during the course of the contract. Thus, for example, an employee may be entitled to additional compensation if it is shown that he or she lost a valuable chance of having the contract renewed or extended."

    Keywords:

    allowance; amount; compensation; complaint allowed; complaint allowed in part; contract; evidence; exception; extension; general principle; injury; international civil servant; limits; material damages; material injury; misuse of authority; reconstruction of career; right; salary; termination;

    Considerations 10 and 15

    Extract:

    As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, in the case of wrongful termination, an employee is entitled to material damages consisting of salary and entitlements up to the date on which the contract would normally have expired. In this case "the Appeals Committee found that 'the [complainant's] dignity had been harmed by the administrative procedure leading to termination and that some redress for the material and moral injury he suffered [was] warranted' [...]. Notwithstanding that finding, the Committee only recommended payment of an amount equivalent to salary and allowances until the end of the complainant's fixed-term contract. As already explained, he was entitled to that amount for material damage. Thus, the effect of the recommendation of the Appeals Committee was to deny the complainant compensation for moral injury notwithstanding its finding that his dignity had been harmed. That was an error of law and, as the Director-General's decision was based on the recommendations of the Appeals Committee, it necessarily involves the same error of law."

    Keywords:

    allowance; amount; breach; compensation; complaint allowed; complaint allowed in part; consequence; contract; decision; effect; executive head; fixed-term; general principle; internal appeals body; international civil servant; material injury; misuse of authority; moral injury; procedure; recommendation; reconstruction of career; respect for dignity; right; salary; same; termination;



  • Judgment 2178


    94th Session, 2003
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    In its judgment on the complainant's first complaint the Tribunal ordered that he be compensated because he had been wrongfully terminated. In his application for review of that judgment "the complainant seeks compensation in respect of the loss of the tax immunities he enjoyed by virtue of the agreement between the [...] authorities [of the host country] and the [organisation]. Since the complainant has not been reinstated in his post, he is no longer entitled to those immunities. Nor is he entitled to compensation for the loss thereof: the tax regime governing the exemptions he may claim is solely a matter for the competent authorities of the host state, and the [organisation] cannot be held liable for direct or indirect taxes owed by the complainant."

    Reference(s)

    ILOAT Judgment(s): 2090

    Keywords:

    allowance; application for execution; domestic law; headquarters agreement; judgment of the tribunal; privileges and immunities; reconstruction of career; reinstatement; request by a party; tax;



  • Judgment 2018


    90th Session, 2001
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The decision not to confirm the complainant's appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract is quashed. "The complainant is entitled to be reinstated in his post or in one of an equivalent grade with full salary and benefits (including any salary increases which he would have received if he had not been terminated) to the end of his fixed-term appointment."

    Keywords:

    allowance; complaint allowed in part; condition; confirmation of appointment; contract; date; decision quashed; fixed-term; grade; increase; post; post held by complainant; probation; reconstruction of career; refusal; reinstatement; right; salary; same; termination;



  • Judgment 1904


    88th Session, 2000
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    When the Tribunal gives an organisation the choice to either reinstate a complainant or pay damages, and the organisation chooses to pay damages, it does not have to pay the contributions of the pension fund or the staff health insurance.

    Keywords:

    allowance; contributions; illness; insurance; judgment of the tribunal; material damages; pension; reconstruction of career; reinstatement; unjspf;



  • 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; complaint allowed; contract; date; decision quashed; fixed-term; increment; interest on damages; non-renewal of contract; procedural flaw; professional injury; reckoning; reconstruction of career; reinstatement;



  • Judgment 1232


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant, a civil servant of the organization who had been sentenced in his country of origin, was released from prison but was not allowed to leave the country. Under duress he wrote a letter applying for early retirement which was forwarded to the organization by his government. The organization accepted the request and rejected the complainant's internal appeal against that decision. The Tribunal quashes the decision. "The organization must reinstate [the complainant] and restore pension and sickness insurance entitlements for himself and his dependants. It shall pay him damages reckoned according to the amount of the salary and allowances he would have been entitled to".

    Keywords:

    allowance; complaint allowed; consequence; decision quashed; illness; insurance; judgment of the tribunal; pension entitlements; reckoning; reconstruction of career; salary; successor;



  • Judgment 810


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "what good faith requires is that when someone is transferred he should be given proper notice, and not just of a vague intention, but of the nature of the post he is to get and of the duty station." the complainant did not accept the transfer and was dismissed. the decision is quashed and the tribunal orders the restoration of the complainant's status as an official.

    Keywords:

    complaint allowed; decision quashed; duty station; duty to inform; good faith; notice; organisation's duties; post description; reconstruction of career; refusal; termination; transfer;

    Consideration 10

    Extract:

    the tribunal refers the complainant back to the organization for retroactive restoration of his status as an official. "the director-general will exercise his discretion in executing this judgment. the tribunal may not give directions but trusts that the matter will be looked into, after consultation with the complainant, in an attempt to reach a settlement."

    Keywords:

    competence of tribunal; discretion; execution of judgment; judgment of the tribunal; reconstruction of career;



  • Judgment 687


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    although the complainant's performance showed improvement by the end of an extended period of probation, the organisation dismissed him. the tribunal holds that the extension of probation gave him reason to believe that if his work was found satisfactory he would get appointed. the president drew clearly mistaken conclusions from the evidence. his decision is set aside and the complainant is referred back to the organisation for determination of his rights on reinstatement in its employ as from the date of his dismissal.

    Keywords:

    case sent back to organisation; confirmation of appointment; decision quashed; extension; legitimate expectation; mistaken conclusion; probation; reconstruction of career; reinstatement; satisfactory service; termination;


 
Last updated: 14.11.2019 ^ top