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Reinstatement (315,-666)

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Keywords: Reinstatement
Total judgments found: 138

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  • 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.

    Consideration 18

    Extract:

    The Tribunal finds that reinstatement would be impracticable considering the administrative difficulties that would arise from convening a new Medical Board and completing the assessment procedure for the complainant’s fitness to work; the fact that the complainant was on a one-year fixed-term appointment from 2 January 2017; the time that has elapsed since the termination of her appointment and the wellbeing of the complainant who would have to endure the ongoing insecurity of the re-evaluation process for assessing her health situation. Therefore, the Tribunal finds it appropriate not to order reinstatement but it will award the complainant material damages for the loss of a valuable opportunity to continue her work with the Organization.

    Keywords:

    reinstatement;



  • Judgment 4170


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her performance reports for the 2010-2011 biennium and the decisions to defer her within-grade salary increment until 1 February 2012, to withhold that increment on that date and to not renew her fixed-term appointment for unsatisfactory service.

    Consideration 14

    Extract:

    The complainant asks to be reinstated at UNESCO. However, it should be noted that the complainant was not dismissed. The complainant’s appointment was not terminated; it was not renewed on its expiry. The Tribunal considers that in the present case, it is not appropriate to order the complainant’s reinstatement, in view of the time that has passed, the particular circumstances of the case, and the fact that, as has just been stated, the complainant did not hold an indeterminate appointment (see, for example, Judgments 2763, consideration 27, 3299, consideration 28, and 4009, consideration 16).

    Reference(s)

    ILOAT Judgment(s): 2763, 3299, 4009

    Keywords:

    reinstatement;



  • Judgment 4139


    128th Session, 2019
    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 fixed-term contract as a result of her post having been abolished.

    Consideration 9

    Extract:

    La requérante, qui ne demande pas à être réintégrée au sein du Fonds mondial, sollicite, en revanche, l’indemnisation des préjudices d’ordre matériel et moral résultant de la suppression de son poste et de son licenciement subséquent.

    Keywords:

    reinstatement;



  • Judgment 4097


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions to end her participation in the reassignment process and to terminate her fixed-term appointment further to the abolition of her post.

    Consideration 17

    Extract:

    The complainant seeks reinstatement. Having regard to the fact that the complainant’s position was lawfully abolished, the effluxion of time and the absence of the complainant pointing to a position that, demonstrably, she could occupy, reinstatement is inappropriate.

    Keywords:

    reinstatement;



  • Judgment 4092


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant asks the Tribunal to order WHO to comply with the obligations imposed on it by Judgment 3871 and, in particular, to reinstate him with all legal consequences.

    Consideration 8

    Extract:

    [T]he reinstatement with all legal consequences referred to in Judgment 3871 implies in the present case that WHO must pay the complainant the equivalent of the salary and benefits of all kinds which he would have received if the execution of his contract had continued under normal conditions during this period, less the amounts already awarded to him pursuant to the Director-General’s decision of 24 December 2014 (except those awarded as compensation for the undue length of the internal appeal proceedings and as costs relating to those proceedings) and any earnings received from other sources during that period. WHO must also ensure that the complainant’s pension rights and his affiliation to the provident or social security schemes are maintained for the same period.

    Reference(s)

    ILOAT Judgment(s): 3871

    Keywords:

    reinstatement;

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3871

    Keywords:

    application for execution; reinstatement;

    Consideration 7

    Extract:

    [T]he only remaining point at issue is to determine the effects of the reinstatement order, with all the legal consequences that this entails, effective from the date of his unlawful dismissal.
    WHO argues that the requirements of the above-mentioned point 2 of the decision in Judgment 3871 would be satisfied by considering the period from that date – namely 8 March 2010 – to the date of the complainant’s actual reinstatement in his new post as a period of special leave without pay. In this respect, WHO submits that this is an adequate means to restore the complainant’s former status as a staff member holding a continuing appointment, thereby exempting him from the requirement of a probationary period in his new post and enabling him to be regarded as having maintained uninterrupted employment with WHO since his unlawful dismissal, as a period of special leave is regarded under the regulations as a period of service. Moreover, WHO emphasizes that, under the terms of this solution, it would pay the contributions to the United Nations Joint Staff Pension Fund and the sickness and accident insurance scheme corresponding to the complainant’s employment for this period.
    However, the Tribunal cannot accept WHO’s line of argument. As the Tribunal has stated on many occasions in its case law, when a reinstatement order is applied retroactively to the date when the official’s employment was unlawfully terminated, this implies that the official is considered as having remained in service after that date under the same conditions as before and is therefore entitled to the salary and other financial benefits that he would have received if this had actually been the case (see, for example, Judgments 1384, consideration 18(a), 1447, consideration 17, 2261, consideration 16, 2468, consideration 19, and 3723, consideration 8). The reinstatement “with all legal consequences that this entails” referred to in point 2 of the decision in Judgment 3871 can therefore only be construed as having such effects. Moreover, the Tribunal’s intention in this regard was made all the more clear by the fact that it also recalled, in consideration 3 of the judgment, that, since the decision to dismiss him had been set aside, the complainant was entitled in principle to the restoration of the status quo ante, which included payment of the remuneration to which he would have been entitled if he had continued to perform his duties.

    Reference(s)

    ILOAT Judgment(s): 1384, 1447, 2261, 2468, 3723, 3871

    Keywords:

    reinstatement; unpaid leave;

    Consideration 9

    Extract:

    [I]t must be emphasized that WHO does not really have such freedom [to reinstate the complainant] since point 2 of the decision in Judgment 3871 requires it to reinstate the complainant “as far as possible”.

    Keywords:

    execution of judgment; reinstatement;



  • Judgment 4077


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU applies for interpretation and review of Judgment 3928 alleging errors of fact, inter alia, and asserts that it is impossible to give effect to the Tribunal’s order to reinstate the complainant. The complainant applies for execution of Judgment 3928.

    Consideration 23

    Extract:

    [W]hen a decision to abolish a post is set aside by the Tribunal, there is no need for a new decision to recreate that post. Therefore, the UPU had only to make the administrative arrangements for reinstating the complainant with all the legal consequences that this entailed.

    Keywords:

    abolition of post; reinstatement;

    Consideration 25

    Extract:

    [T]he [organization] could not refer to the complainant’s alleged misconduct as a reason not to reinstate him as no disciplinary proceeding has occurred in that regard, so misconduct has never been proven. It is all the more grave when considering that the alleged reason for the abolition of the posts was because of financial constraints. The abolition of a post can never be based on a staff member’s conduct, as that would constitute a hidden sanction. The [organization]’s presentation before the Council of Administration constituted a breach of the duty of care and of the adversarial principle, as the complainant was not given any opportunity to defend himself and his reputation from the allegations. The UPU must respect the dignity of its staff and preserve their reputation.

    Keywords:

    abolition of post; adversarial proceedings; budgetary reasons; due process; duty of care; hidden disciplinary measure; misconduct; reinstatement;

    Consideration 19

    Extract:

    With respect to the UPU’s request that the Tribunal rescind its decision with respect to the complainant’s reinstatement and award him material damages instead, there is no reviewable error that would allow the Tribunal to grant that request.

    Keywords:

    application for review; material damages; reinstatement;

    Judgment keywords

    Keywords:

    abolition of post; application filed by the organisation; application for execution; application for interpretation; application for review; reinstatement;



  • Judgment 4065


    127th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In his second complaint, the complainant challenges the decision to dismiss him, while he was on sick leave, for misconduct. In his third complaint, he challenges the dismissal decision on the merits.

    Consideration 8

    Extract:

    The order setting aside the 17 September 2014 decision is not intended to reinstate the complainant or confer an entitlement to salary or other emoluments [...] (see Judgment 3731, under 9).

    Reference(s)

    ILOAT Judgment(s): 3731

    Keywords:

    reinstatement;



  • Judgment 4063


    127th Session, 2019
    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 on disciplinary grounds.

    Consideration 11

    Extract:

    The complainant asks to be reinstated in the Organization. However, according the Tribunal’s case law, the reinstatement of an official on a fixed-term contract is ordered only in exceptional cases (see Judgment 3417, consideration 9). The Tribunal does not consider this case to be exceptional and will not order the reinstatement of the complainant.

    Reference(s)

    ILOAT Judgment(s): 3417

    Keywords:

    fixed-term; reinstatement;



  • Judgment 4047


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to impose on her with immediate effect the disciplinary measure of dismissal for serious misconduct.

    Consideration 15

    Extract:

    No order for reinstatement should be made because if the charges are proved beyond reasonable doubt, a new decision may be made to dismiss the complainant. Depending on what findings are made about the complainant’s conduct by applying the appropriate standard of proof, dismissal might remain a proportionate response, and if it is, no issue of material damages would arise.

    Keywords:

    material damages; reinstatement;



  • Judgment 4011


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her for misconduct.

    Consideration 16

    Extract:

    The complainant’s appointment, but for her dismissal, was due to expire on 31 July 2014. In those circumstances, it is inappropriate to order her reinstatement (see Judgment 3908, consideration 21). Nonetheless, she is entitled to moral and material damages for the breach of her right to due process and unlawful dismissal.

    Reference(s)

    ILOAT Judgment(s): 3908

    Keywords:

    reinstatement;



  • Judgment 4009


    126th Session, 2018
    Energy Charter Conference
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his fixed-term contract following the abolition of his post, but to give him a Project Staff contract.

    Consideration 16

    Extract:

    [I]n the circumstances of this case, there are no grounds for ordering the complainant’s reinstatement, given the amount of time that has passed, and bearing in mind the fact that, as already stated, the complainant did not hold a contract of indefinite duration and that the organisation is facing financial difficulties.

    Keywords:

    reinstatement;



  • Judgment 4008


    126th Session, 2018
    Energy Charter Conference
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In her first complaint, the complainant challenges the decision not to extend her fixed-term contract following the abolition of her post, but to give her a Project Staff contract. In her second complaint, she challenges three vacancy notices concerning C category posts and in her third complaint, she challenges the rejection of her application for two of these posts.

    Consideration 19

    Extract:

    In the circumstances of the case, there are no grounds for ordering the complainant’s reinstatement, given the amount of time that has passed, and bearing in mind the fact that, as already stated, the complainant did not hold a contract of indefinite duration and that the organisation is facing financial difficulties.

    Keywords:

    reinstatement;



  • Judgment 4004


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his appeal against the abolition of his post and the termination of his fixed-term appointment, which was filed after he had accepted a mutually agreed separation.

    Consideration 8

    Extract:

    The complainant seeks reinstatement, compensation for material and moral injury, and legal costs. The Tribunal is satisfied that reinstatement would raise practical difficulties because of the reorganization of the Registry and the time that has elapsed since the termination of his appointment. Therefore, the Tribunal finds it appropriate not to order reinstatement but it will award the complainant material damages in the amount of 180,000 euros, however deducting therefrom the 139,113.62 euros already paid to him. The Tribunal has taken into account all of the circumstances of the case in determining this amount, including the duration of the complainant’s contract, the income he would have earned at the ICC, but has also taken into account the income he could have earned in other employment and the possibility that in due course his employment could have been terminated lawfully. The ICC shall also pay the complainant moral damages which, in the particular circumstances of this case, including the fact that the complainant resiled from the Separation Agreement he had voluntarily entered, will be set at 3,000 euros.

    Keywords:

    material damages; moral damages; reinstatement;



  • Judgment 3960


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision in which the Administrative Council decided to further maintain his suspension while reducing his salary by half until a final decision had been made in his case.

    Judgment keywords

    Keywords:

    extension; reinstatement; suspension;



  • Judgment 3958


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a member of an EPO Board of Appeal, contests a decision in which the Administrative Council decided to impose upon him several measures in relation to an alleged misconduct.

    Judgment keywords

    Keywords:

    reinstatement; suspension;



  • Judgment 3942


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reinstate her in her former position.

    Judgment keywords

    Keywords:

    reinstatement;

    Consideration 12

    Extract:

    The complainant seeks reinstatement but, given the effluxion of time, such an order would be inappropriate. However, in addition to the compensation already paid, the complainant is entitled to material damages for the lost opportunity of future and further employment beyond 12 months with UNESCO, which the Tribunal assesses in the sum of 40,000 dollars.

    Keywords:

    loss of opportunity; material damages; reinstatement;



  • Judgment 3929


    125th Session, 2018
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish her post and to terminate her appointment while she was on sick leave.

    Consideration 15

    Extract:

    In light of the above considerations, the decision to abolish the complainant’s post was unlawful and must be set aside. The consequent termination of appointment, based on the unlawful abolition of her post, must also be set aside. Considering the difficulties raised by the time elapsed and the subsequent restructuring of the UPU, the Tribunal shall not order reinstatement. Having regard especially to the complainant’s age, qualifications, experience, and the length of time spent in the UPU’s service, it is reasonable to award her material damages for the loss of opportunity to continue working with the UPU until her retirement age in an amount equal to 30 months’ gross salary with reference to her last month’s gross salary. The UPU must also pay the complainant the equivalent of the employer’s contribution that would have been due to the Provident Fund during those 30 months.
    The complainant is also entitled to an award of moral damages, including for the failure to properly assess her illness, which the Tribunal will set at 30,000 Swiss francs.

    Keywords:

    material damages; moral damages; permanent; reinstatement;



  • Judgment 3928


    125th Session, 2018
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish his post and to terminate his appointment while he was on sick leave.

    Judgment keywords

    Keywords:

    abolition of post; permanent; reinstatement; termination;



  • Judgment 3922


    125th Session, 2018
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to offer her a three-month renewal of her contract and to reject the claims she made with respect to her performance evaluation for 2012, the reclassification of her post, the length of her last contract and her allegations of harassment, retaliation and intimidation.

    Consideration 26

    Extract:

    Regarding the complainant’s request for reinstatement, it was stated, in Judgment 3353, consideration 35, for example, that this will be ordered only in exceptional cases. Inasmuch as the complainant’s post no longer exists, that request is not practicable. However, she will be awarded, by way of material damages, the amount of 40,000 Swiss francs, additional to the amount which the Fund awarded her ex aequo et bono, for the loss of the valuable opportunity to have had her contract renewed.

    Reference(s)

    ILOAT Judgment(s): 3353

    Keywords:

    material damages; reinstatement;



  • Judgment 3918


    125th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.

    Considerations 3 & 4

    Extract:

    The relief [the complainant] seeks is:
    “(a) The cancellation of his reassignment process as based on discrimination, non[-]application of guidelines and incomplete and biased review of the facts;
    [...]
    (c) His immediate rein[statement] to a position suited to his qualifications and experience until his retirement in 2017 [and the payment of all entitlements during that time];"
    [...]
    The first point to be made is that this judgment of the Tribunal is being given after the date on which the complainant would have retired from WHO. Accordingly, there would be no utility in making orders to the same effect of the proposed orders in (a) and (c) [...].

    Keywords:

    claim; reinstatement; retirement;

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Last updated: 22.07.2019 ^ top