Reinstatement (315,-666)
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Keywords: Reinstatement
Total judgments found: 173
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Judgment 3123
113th Session, 2012
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; downgrading; reinstatement;
Judgment 3119
113th Session, 2012
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; reinstatement; termination of employment;
Judgment 3099
112th Session, 2012
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant seeks reinstatement. This is resisted by ESO by reference to actions of the complainant following his dismissal, including the publication on a website of an article entitled “A land outside the Jurisdiction of Chilean Laws” in which he was critical of the conduct of ESO and of the actions of the Chilean Government in granting ESO immunity from Chilean laws. In these circumstances, reinstatement will not be ordered.
Keywords:
reinstatement;
Judgment 3071
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 52
Extract:
[T]he Director-General’s decision of 3 July 2009 must be set aside, both with respect to the decision of 30 November 2007 and the complainant’s claim of harassment. In view of the restructuring of ILO/AIDS this is not an appropriate case in which to order reinstatement. However, the complainant is entitled to notional reinstatement for a period of 12 months from 1 January 2008 with the consequence that the ILO should pay her the salary, allowances and other benefits, including pension and health insurance contributions, that she would have received if her contract had been extended to 31 December 2008. The complainant must give credit for the amounts actually earned by her during the period from 1 January to 31 December 2008. As the complainant was in fact employed until the end of October 2008, the Tribunal will award interest on the resulting balance at the rate of 5 per cent per annum from 1 November 2008 until the date of payment.
Keywords:
disciplinary measure; reinstatement; termination of employment;
Judgment 3010
111th Session, 2011
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The complainant seeks orders annulling the abolition of her post and reinstatement. These orders must be refused. Although the decision to terminate the complainant’s contract must be set aside, there is no reason to set aside the decision to abolish her post and, that being so, reinstatement is not possible. However, the complainant is entitled to the salary and other benefits that she would have received on the basis that her contract was renewed until 28 February 2010, that being the date on which it would otherwise have expired, together with interest from due dates until the date of payment, less the amount of the payments made in lieu of notice and by way of termination indemnity. The complainant must give credit for any net earnings between 1 March 2009 and 28 February 2010.
Keywords:
abolition of post; reinstatement;
Judgment 2938
109th Session, 2010
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has determined that a staff member on leave on personal grounds is ipso facto no longer performing the duties of his former post and that, although during this leave he continues to be an official, the rights arising from the performance of his duties - remuneration, promotion, guarantee of employment, etc. - are suspended until he is reinstated. In the interests of the service the Agency may therefore use the vacant post (see Judgment 416, under 2). At the end of leave on personal grounds the employer nonetheless has a duty to reinstate the official provided that the two cumulative conditions laid down by [...] Article 40 [of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre] are met: firstly, there must be a vacant post and, secondly, the staff member must be qualified for it (see Judgment 2034, under 11). This duty must be fulfilled promptly and with due regard for the dignity of the staff member concerned and the principle of good faith."
Reference(s)
Organization rules reference: Article 40 of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre
ILOAT Judgment(s): 416, 2034
Keywords:
accumulation; assignment; compassionate leave; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by the complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; vacancy;
Judgment 2902
108th Session, 2010
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[T]he decision not to renew the complainant's appointment must be set aside. However, the evidence does indicate that restructuring was being contemplated and has in fact occurred. In these circumstances, reinstatement is not an appropriate remedy. Rather, the complainant is entitled to be paid the salary and other allowances he would have received had his appointment been renewed for six months, together with interest [...]."
Keywords:
abolition of post; compensation; judicial review; non-renewal of contract; project personnel; reinstatement; reorganisation;
Judgment 2883
108th Session, 2010
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8 and 10
Extract:
The complainant joined the Organisation under a three-year fixed-term contract. The first six months of his appointment constituted a probationary period, which was extended for an additional three months.
"The Tribunal is of the opinion that the Director-General's decision not to renew the complainant's contract is based on errors of fact and law, and must therefore be set aside."
"The Tribunal holds that reinstatement, which could only be as a probationer without any guarantee of confirmation, would raise practical difficulties because of the time that has elapsed since the termination of the complainant's appointment and the scheduling conflicts that may occur between the training courses and the new probationary period [...]. Therefore, the Tribunal finds it appropriate not to order reinstatement but it will award the complainant material damages in the amount of 35,000 euros for the loss of a valuable opportunity to have his appointment confirmed."
Keywords:
discretion; judicial review; non-renewal of contract; organisation's duties; probationary period; reinstatement; unsatisfactory service;
Judgment 2867
108th Session, 2010
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"Although the Joint Appeals Board recommended that the complainant be reinstated in a post in the Global Mechanism, there is no evidence that her contract would have been renewed for the 2008- 2009 biennium. Accordingly, reinstatement will not be ordered. However, as the abolition of her post was the only reason advanced for the non-renewal of the complainant's contract and there is nothing to suggest that her contract would not otherwise have been extended for two years, she is entitled to material damages in the amount of salary and other benefits she would have received had her contract been renewed for a further two years, together with interest [...]."
Keywords:
abolition of post; extension of contract; legitimate expectation; material damages; non-renewal of contract; reinstatement; staff reduction;
Judgment 2854
107th Session, 2009
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
The complainant asserts that the decision to terminate his contract is tainted with procedural irregularities and amounts to a disguised disciplinary measure.
"In a case such as the present one where termination constitutes a hidden disciplinary sanction and reinstatement is not appropriate, compensation should be assessed on the basis of what would have occurred if proper procedures had been followed."
Keywords:
compensation; disciplinary measure; hidden disciplinary measure; judicial review; reinstatement; termination of employment;
Judgment 2763
105th Session, 2008
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
Given the length of time that has elapsed since the complainant’s separation from the Commission, the Tribunal will not order the complainant’s reinstatement, nor will it remit the matter for a redetermination.
Keywords:
reinstatement;
Judgment 2742
105th Session, 2008
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 41
Extract:
The complainant contests the decision to reassign her to the post of Chief of the Internal Audit Service (IAS) and asks to be reinstated in her former post. "Although the decision to reassign the complainant to the post of Chief of IAS was taken without authority, it does not follow that she should be reinstated in her former post. That post was lawfully abolished [...]. However, she is entitled to substantial damages notwithstanding that her reassignment was to a post at the same grade."
Keywords:
abolition of post; consequence; decision; grade; material damages; post; procedural flaw; reassignment; reinstatement; request by a party;
Judgment 2569
102nd Session, 2007
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The vacancy notice of the post the complainant applied for stipulated that nationals of all Member States of CERN - including Switzerland - could apply. She was selected for the post but was dismissed after CERN discovered that in her application form she had stated that she held Swiss nationality whereas she had not yet acquired it. "[W]hile it is true that the fact that the complainant was married to a Swiss national should in principle have enabled her to obtain Swiss nationality under the 'facilitated naturalisation' procedure, it is equally true that at the time she filled out her application form she did not hold Swiss nationality and had not even applied for it. [...] By making a false declaration, the complainant was guilty of misconduct which, when it came to light after her recruitment, was sufficient to invalidate her appointment and to justify the imposition of a disciplinary sanction on the grounds that she fell short of the standards of loyalty and integrity that the Organization is entitled to expect of its staff. Although the complainant maintains that by imposing the disputed sanction the defendant breached the terms of her appointment and the applicable provisions of CERN’s Staff Rules and Regulations, she does not substantiate those allegations in any way, nor does she identify any breach of the rules of procedure followed by the Organization. The complaint must therefore be dismissed."
Keywords:
appointment; candidate; competition; date; disciplinary measure; marital status; member state; misconduct; misrepresentation; nationality; organisation; post; reinstatement; safeguard; staff member's duties; termination of employment; vacancy notice;
Judgment 2475
99th Session, 2005
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
The complainant was dismissed on the grounds of misconduct following an investigation. "The procedure adopted in this case was clearly flawed in that the complainant was denied the opportunity to question any of the persons whose statements were used against him, evidence of little probative value was relied upon and, at least to some extent, he was required to prove his innocence instead of having the matters alleged proven against him. [...] It follows that the [...] decision [...] to dismiss the complainant must be set aside. The complainant shall be reinstated [...] and shall receive all arrears of salaries and other benefits; he must account for any earnings from other employment."
Keywords:
adversarial proceedings; breach; burden of proof; consequence; disciplinary measure; evidence; inquiry; investigation; lack of evidence; procedural flaw; reinstatement; serious misconduct; staff member's duties; termination of employment; testimony;
Judgment 2468
99th Session, 2005
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 18-19
Extract:
The complainant's appointment was terminated. "It may be concluded from all the circumstances of the case that, even though the complainant's conduct towards his supervisor was not what might be expected of an international civil servant and would probably have justified preventive action on the part of the Organization, the reasons given to establish that the complainant's abilities and performance were unsatisfactory did not suffice to justify terminating his appointment for unsatisfactory services.
The complainant's [...] claim for retroactive reinstatement, with all legal consequences, within the Organization's staff [is well founded]."
Keywords:
complainant; conduct; consequence; insubordination; official; organisation's duties; qualifications; reinstatement; right; supervisor; termination of employment; unsatisfactory service; working relations;
Judgment 2414
98th Session, 2005
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
[T]he Secretary-General’s decision [...] and the earlier decisions [...] which were thereby confirmed must be set aside. Given that the complainant’s post has now been abolished, it does not appear that her reinstatement is feasible. She is, however, entitled to compensation which should be assessed by reference to the decision not to convert her contract to a permanent one. Accordingly, compensation should be assessed in a sum equal to 18 months of her net base salary.
Keywords:
compensation; reinstatement;
Judgment 2354
97th Session, 2004
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
In the particular circumstances of this case, the Tribunal does not consider the reinstatement of the complainant to be appropriate. However, availing itself of its powers under Article VIII of its Statute, and in view of the unlawful actions of the Organization, it shall order the latter to pay the complainant, in compensation for injury under all heads, an amount equivalent to two years’ salary and allowances, without deducting the terminal allowance he has already received. The claim for compensation for the injury arising from the excessive delay of the internal appeal procedure is deemed by the Tribunal to be unjustified.
Reference(s)
ILOAT reference: Article VIII of the Statute
Keywords:
compensation; reinstatement;
Judgment 2261
95th Session, 2003
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant's submission that the punishment imposed by the Director-General was disproportionate now takes on added importance. The penalty of dismissal was upheld by him on the assumption that the appeals of all three charges were properly dismissed, but they were not. It is clear that the Director-General simply did not turn his mind to the question of whether or not the first charge alone justified the penalty of dismissal, the most serious punishment available. The Tribunal itself cannot impose a penalty but equally cannot allow a penalty to stand if it has manifestly been imposed on an erroneous assumption. Nor should it condone the Organization's failure to bring the internal appeal process to a timely and proper conclusion effectively depriving the complainant of both his remedy and his employment for over three years. Accordingly, it will quash the penalty on the first charge only and refer the matter back to the Director-General for a new decision on the penalty after giving the complainant full opportunity to make representations. Any penalty thus imposed is to take effect only from the date of the Director-General's new decision. The complainant must account for any outside earnings during the period of his reinstatement. In the circumstances, the Tribunal will not award any moral damages.
Keywords:
moral injury; reinstatement;
Judgment 2185
94th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In its judgment on the complainant's first complaint the Tribunal gave the organisation the choice between reinstating the complainant or paying her a compensation. "The organization clearly chose not to reinstate the complainant. Consequently, the complainant's claim for reinstatement is irreceivable. It should also be noted that since [the organization] applied the second option of [that] judgment [...] to the complainant, she cannot seek to benefit from the first option as well."
Reference(s)
ILOAT Judgment(s): 1553
Keywords:
allowance; application for execution; claim; decision; enforcement; iloat; judgment of the tribunal; organisation; receivability of the complaint; reinstatement;
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;
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