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Abandonment of post (390,-666)

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Keywords: Abandonment of post
Total judgments found: 5

  • Judgment 3853


    124th Session, 2017
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his contract on the grounds of unsatisfactory service.

    Consideration 21

    Extract:

    A staff member abandons her or his post if she or he shows an intention not to return (see Judgment 392, consideration 4).

    Reference(s)

    ILOAT Judgment(s): 392

    Keywords:

    abandonment of post;



  • Judgment 2494


    100th Session, 2006
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainants were issued a reprimand on the grounds that they had participated in industrial action which management considered to be unlawful and for abandoning their post in the course of their shift. "Considering Eurocontrol's special missions relating to the safety of air navigation, the right to strike - the lawfulness of which is not disputed - must not lead to sudden stoppages of activity such as occur when shift work is abandoned. The complainants do not deny the charges made against them in this respect. The Tribunal therefore considers that, while the first ground mentioned by the Agency - namely, participation in unlawful strike action - could not legally justify the contested disciplinary measure, this second ground did justify a penalty."

    Keywords:

    abandonment of post; acceptance; censure; complaint allowed; complaint allowed in part; disciplinary measure; enforcement; grounds; limits; right to strike; strike;



  • Judgment 1834


    86th Session, 1999
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The organization placed the complainant on special leave without pay in August 1995, and told her in January 1996 that to stay on special leave she would have to provide medical certificates of inability to go back to work. "The complainant contends that her separation was in breach of her special leave status. [The Tribunal holds that] the receipt of [monthly medical] reports by the chief medical officer was clearly a condition of her maintaining special leave status. Her refusal, without persuasive justification, to submit the requested information [over several months] is a breach of that condition and ample indication of her intent to abandon her post."

    Keywords:

    abandonment of post; condition; illness; medical certificate; refusal; special leave; staff member's duties; termination;



  • Judgment 392


    43rd Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    abandonment implies the physical failure to perform a contractual duty and the intention to abandon future performance. the applicable provision allows the intention to be assumed from the fact of absence without reasonable explanation for fifteen days. "the explanation has not got to be one that exonerates the staff member from breach of contract or from other disciplinary measures, but it has to be one which negatives the intention to abandon."

    Keywords:

    abandonment of post; definition; presumption; unauthorised absence;

    Considerations 4, 6, 7 and 8

    Extract:

    abandonment presupposes intention, which is to be assumed, under the applicable provision, from the fact of absence without explanation for fifteen days. the complainant failed to report as ordered to her chief. "by challenging the order in the manner prescribed by the regulations, the complainant was affirming the contract, not abandoning it." an appeal entered for the purpose of delay will not do. the complainant had a bona fide case. the decision to terminate her appointment for abandonment of post must therefore be quashed.

    Keywords:

    abandonment of post; complaint allowed in part; decision quashed; termination; unauthorised absence;

    Consideration 4

    Extract:

    a provision exists for the termination of appointment in the event of abandonment of post. the rule must be interpreted in the light of the ordinary principles of contract law. "if one party to a contract fails or refuses to perform his duties under the contract in circumstances which show that he does not intend ever again to resume them, i.e. show [...] that he is abandoning his post, the other party is entitled to treat the contract as at an end".

    Keywords:

    abandonment of post; condition; consequence; law of contract;

    Consideration 8

    Extract:

    the tribunal believes that there was no abandonment of post because the complainant challenged her assignment in the prescribed manner. the decision is therefore quashed. "to succeed in a claim for reinstatement or compensation, [the complainant] would have to satisfy the tribunal that the assignment was in fact invalid; the tribunal in its judgment no. 375 has decided the contrary."

    Reference(s)

    ILOAT Judgment(s): 375

    Keywords:

    abandonment of post; assignment; procedure; refusal; transfer;



  • Judgment 214


    31st Session, 1973
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    the complainant was dismissed for having abandoned his post. immediately before the end of their contracts, officials are required to undergo an examination by the staff physician. "the complainant was not so examined. non-compliance with this rule does not of itself render a termination invalid."

    Keywords:

    abandonment of post; condition; contract; fixed-term; medical examination; organisation's duties; separation from service; termination; unauthorised absence;


 
Last updated: 19.06.2019 ^ top