Abolition of post (379, 380, 381, 382, 649, 383,-666)
You searched for:
Keywords: Abolition of post
Total judgments found: 167
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9 | next >
Judgment 3688
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish her post and to separate her from service.
Consideration 18
Extract:
Whether the post was abolished for financial reasons is a question of fact. Those facts were within the knowledge of WHO and it must show that when it advanced financial reasons as a ground for the abolition of the complainant’s post this was genuine. It has not done so. In the absence of that evidence, it is determined that the complainant’s post was unlawfully abolished and the claim on this ground is well founded.
Keywords:
abolition of post; burden of proof; evidence;
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed;
Consideration 23
Extract:
WHO breached its duty of care to the complainant by abolishing her post while at the same time recruiting someone to fill the P-4 position the duties of which the complainant was qualified to undertake.
Keywords:
abolition of post; duty of care;
Consideration 27
Extract:
WHO appreciated the long established principle that an international organization owes a duty of care to an employee whose post is abolished to consider that person for other posts for which that person is qualified.
Keywords:
abolition of post; duty of care;
Consideration 32
Extract:
The complainant seeks an order that WHO should reinstate her to her post which was unlawfully abolished. It was however stated, in Judgment 3353, consideration 35, for example, that the reinstatement of a person on a fixed-term contract can be ordered in only exceptional cases. The circumstances in the present case are not of an exceptional character, but the complainant will be awarded 90,000 euros in material damages for the loss of a valuable opportunity to have her contract renewed, the loss of career opportunity as a result of the unlawful abolition of her post, and for WHO’s failure to make reasonable efforts to reassign her under Staff Rule 1050.2.
Reference(s)
Organization rules reference: Staff Rule 1050.2
ILOAT Judgment(s): 3353
Keywords:
abolition of post; loss of opportunity; material damages; reinstatement;
Judgment 3685
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish her post and terminate her appointment.
Judgment keywords
Keywords:
abolition of post; complaint dismissed;
Judgment 3675
122nd Session, 2016
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests IOM’s decision to abolish his post and not to renew his fixed-term appointment.
Judgment keywords
Keywords:
abolition of post; complaint dismissed; non-renewal of contract;
Judgment 3594
121st Session, 2016
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish her post and not to renew her fixed-term appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; reassignment;
Judgment 3588
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of damages awarded by WHO following his internal appeal against the decision not to match him to a new position after the abolition of his post and to terminate his appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; reassignment; termination of employment;
Judgment 3582
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term appointment following the abolition of her position.
Judgment keywords
Keywords:
abolition of post; complaint allowed; fixed-term; non-renewal of contract;
Consideration 6
Extract:
According to firm precedent, a decision concerning the restructuring of an international organisation’s services, which leads to the abolition of a post, may be taken at the discretion of its executive head and is subject to only limited review by the Tribunal. The latter must therefore confine itself to ascertaining whether the decision was taken in accordance with the rules on competence, form or procedure, whether it involves a mistake of fact or of law, whether it constituted abuse of authority, whether it failed to take account of material facts, or whether it draws clearly mistaken conclusions from the evidence. The Tribunal may not, however, supplant an organisation’s view with its own (see, for example, Judgments 1131, under 5, 2510, under 10, and 2933, under 10). Nevertheless, any decision to abolish a post must be based on objective grounds and its purpose may never be to remove a member of staff regarded as unwanted. Disguising such purposes as a restructuring measure would constitute abuse of authority (see Judgments 1231, under 26, 1729, under 11, and 3353, under 17).
Reference(s)
ILOAT Judgment(s): 1131, 1231, 1729, 2510, 2933, 3353
Keywords:
abolition of post; discretion; limits;
Judgment 3439
119th Session, 2015
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the decision to terminate his appointment after the abolition of his post, as the Tribunal found that, due to the Organisation's failings, he had lost a valuable opportunity to be reassigned to another post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; non-renewal of contract;
Judgment 3437
119th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the decision to terminate his contract following the CTA restructuring.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; reorganisation; termination of employment;
Judgment 3436
119th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of her post in the context of the CTA restructuring, the complainant successfully impugns the decision to terminate her appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; reorganisation; termination of employment;
Judgment 3422
119th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the Global Fund breached its duty of care towards the complainant and that his separation entitlements were not sufficient.
Judgment keywords
Keywords:
abolition of post; complaint allowed; surrejoinder;
Judgment 3409
119th Session, 2015
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal awarded the complainants material and moral damages stemming from IFAD's unlawful decisions and violation of its duty of care.
Consideration 9
Extract:
Although the Tribunal, as in Judgment 3172, will not rule on the lawfulness of the abolition decisions, it will consider the overall situation regarding the Fund’s treatment of the complainants, including the actions leading up to the abolition of their posts, as well as the consequent effects. Considering this, the main issues to be addressed regard the non-renewal of the complainants’ contracts, the subsequent reassignment efforts, and the extent to which IFAD fulfilled its duty of care and showed respect for the dignity of the complainants.
Reference(s)
ILOAT Judgment(s): 3172
Keywords:
abolition of post; duty of care; time bar;
Judgment 3313
117th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish his post and not to reinstate him, alleging procedural irregularities and personal prejudice on the part of his supervisors.
Judgment keywords
Keywords:
abolition of post; complaint dismissed; reinstatement;
Judgment 3290
116th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; delay; fixed-term; grade; organisation's duties; reassignment; respect for dignity; termination of employment;
Consideration 14
Extract:
"As to the adequacy of the notification to the complainant of the decision to abolish his post in Judgment 3041, under 8, the Tribunal held that an organisation must give proper notice of the decision, reasons for the decision and an opportunity to contest the decision. While it is true that the letter did not expressly state that the decision was a final decision, it clearly communicated that a final decision had been taken to abolish the complainant’s post with immediate effect. The fact that the complainant remained in the post during the reassignment process is a matter of the implementation of the decision and does not detract from the finality of the
decision."
Reference(s)
ILOAT Judgment(s): 3041
Keywords:
abolition of post; decision; definition; post held by the complainant; reassignment;
Judgment 3238
115th Session, 2013
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to terminate their appointments due to the abolition of their posts following a restructuring.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; termination of employment;
Judgment 3234
115th Session, 2013
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugned the decision to abolish his post following a restructuring.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; reorganisation;
Judgment 3208
115th Session, 2013
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his contract following the abolition of his post.
Judgment keywords
Keywords:
abolition of post; case sent back to organisation; complaint allowed; decision quashed; motivation; motivation of final decision; termination of employment;
Judgment 3192
114th Session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and not to renew her contract as linked to the harassment she allegedly experienced.
Judgment keywords
Keywords:
abolition of post; complaint dismissed; harassment; non-renewal of contract;
Judgment 3172
114th Session, 2013
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the abolition of her post and the decision not to extend her appointment as procedurally flawed.
Consideration 16
Extract:
"A decision taken for an improper purpose is an abuse of authority. It follows that when a complainant challenges a discretionary decision, he or she by necessary implication also challenges the validity of the reasons underpinning that decision. In this respect, the Tribunal may examine the circumstances surrounding the abolition of the post to determine whether the impugned decision was tainted by abuse of authority."
Keywords:
abolition of post; abuse of power; breach; competence of tribunal; decision; discretion; evidence; misuse of authority;
Judgment keywords
Keywords:
abolition of post; complaint allowed; non-renewal of contract;
Judgment 3170
114th Session, 2013
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that she was the victim of harassment and that the investigation thereon was flawed.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3010, 3131
Keywords:
abolition of post; complaint allowed; harassment; inquiry; investigation; reorganisation; termination of employment;
Judgment 3169
114th Session, 2013
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his contract following the abolition of his post, which, in his view, was not taken by the competent body.
Judgment keywords
Keywords:
abolition of post; complaint allowed; reorganisation; termination of employment;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9 | next >
|
