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Agreed termination (391,-666)

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Keywords: Agreed termination
Total judgments found: 21

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  • Judgment 4107


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the withdrawal of an offer of agreed termination.

    Judgment keywords

    Keywords:

    agreed termination;



  • Judgment 4072


    127th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lawfulness of the mutually agreed separation agreement which he signed.

    Judgment keywords

    Keywords:

    agreed termination; duress; lack of consent; separation agreement;

    Consideration 4

    Extract:

    The defendant raises an objection to the receivability of the complaint, namely that the complainant, by signing the separation agreement, waived his right to challenge either the validity or the content thereof. However, since the complainant contends that he signed this agreement as a result of misrepresentation and pressure which vitiated his consent, this question of receivability is inseparable from the merits of the case (see Judgment 3424, consideration 12). As is also conceded by the defendant, the decision on the objection to receivability depends on the legal validity of the separation agreement, and this makes it necessary to consider the complainant’s pleas on the merits (see, in this regard, Judgments 3610, consideration 6, and 3750, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 3424, 3610, 3750

    Keywords:

    agreed termination; duress; lack of consent; receivability of the complaint; separation agreement; waiver of right of appeal;

    Consideration 15

    Extract:

    Since, under the applicable rules, the participation of the complainant in such a plan, either on account of supposed underperformance in the past or shortcomings in his future role, was not a valid option, it should not have been presented as a possible alternative to the signing of a separation agreement. In proposing this alternative, the Global Fund placed him under undue pressure (see Judgment 3610, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 3610

    Keywords:

    agreed termination; duress; separation agreement;



  • Judgment 4071


    127th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the lawfulness of the mutually agreed separation agreement which they signed.

    Judgment keywords

    Keywords:

    agreed termination; duress; lack of consent; separation agreement;

    Consideration 5

    Extract:

    The defendant raises an objection to the receivability of the complaints, namely that the complainants, by signing the separation agreements, waived their right to challenge either the validity or the content thereof. However, since the complainants contend that they signed these agreements as a result of misrepresentation and pressure which vitiated their consent, this question of receivability is inseparable from the merits of the case (see Judgment 3423, consideration 13). As is also conceded by the defendant, the decision on the objection to receivability depends on the legal validity of the separation agreements, and this makes it necessary to consider the complainants’ pleas on the merits (see, in this regard, Judgments 3610, consideration 6, and 3750, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 3423, 3610, 3750

    Keywords:

    agreed termination; duress; lack of consent; receivability of the complaint; separation agreement; waiver of right of appeal;

    Consideration 17

    Extract:

    Since, under the applicable rules, the participation of the complainants in such a plan, either on account of supposed underperformance in the past or shortcomings in their future role, was not a valid option, it should not have been presented as a possible alternative to the signing of a separation agreement. In proposing this alternative, the Global Fund placed them under undue pressure (see Judgment 3610, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 3610

    Keywords:

    agreed termination; duress; separation agreement;



  • 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.

    Considerations 6-7

    Extract:

    Among other issues which he raises, the complainant challenges the legal validity of the Information Circulars, and, by extension, the Principles and Procedures contained therein, under which his post was abolished and he separated from the ICC. He argues that by publishing the Principles and Procedures in the Information Circulars, the Registrar breached the method stipulated for their promulgation as provided in the Presidential Directive ICC/PRESD/G/2003/001 (the Presidential Directive). The Tribunal considered this very question in a detailed analysis in Judgment 3907 and concluded as follows in consideration 26:
    “In conclusion, pursuant to the Presidential Directive, the Principles and Procedures should have been promulgated by an Administrative Instruction or, arguably, by a Presidential Directive. As the promulgation of the Principles and Procedures by Information Circular was in violation of the Presidential Directive, they were without legal foundation and are, therefore, unlawful as are the decisions taken pursuant to the Principles and Procedures. It follows that the decisions to abolish the complainant’s position and to terminate the complainant’s appointment were also unlawful and will be set aside.”
    This finding also holds for the present complaint, with the result that the decisions to abolish the complainant’s post and to terminate his appointment were unlawful since the Principles and Procedures upon which they were made were promulgated in breach of the process stipulated in the Presidential Directive. The Separation Agreement arose from the implementation of the unlawful Principles and Procedures. The Separation Agreement is therefore unenforceable. In the circumstances, the ICC’s contention that the complaint is irreceivable is unsustainable and is rejected. Accordingly, the decisions to abolish the complainant’s position and to terminate his appointment will be set aside.

    Reference(s)

    ILOAT Judgment(s): 3907

    Keywords:

    abolition of post; agreed termination; patere legem; publication;



  • Judgment 3900


    125th Session, 2018
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her contract owing to the closure of the CDE and the terms and conditions of that termination.

    Consideration 13

    Extract:

    The allegation that awarding an indemnity higher than that provided for in the Staff Regulations only to staff members who were prepared to sign the settlement agreement and who renounced any right of appeal constitutes an abuse of authority is tantamount to saying that an agreement containing a waiver of the right of any action or appeal would be flawed. This is, however, inconsistent with the case law of the Tribunal which recalled in Judgment 3867, under 5, that “in the context of a settlement, as is the case here, the infringement of an official’s right to appeal or file a complaint is not unlawful. On the contrary, it is entirely acceptable for an official to waive such rights in return for the benefits gained from the settlement. This is, furthermore, common practice in the context of separation agreements, as here”. Naturally, as the same judgment makes clear, the agreement must make provision for benefits over and above those stemming from the applicable staff regulations, otherwise this would amount to improper pressure brought to bear on the official in return for nothing but the organisation’s honouring of its own duties (see Judgment 2715, under 13; see also Judgment 3091, under 13).

    Reference(s)

    ILOAT Judgment(s): 2715, 3091, 3867

    Keywords:

    agreed termination; lack of consent; waiver of right of appeal;



  • Judgment 3750


    123rd Session, 2017
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her separation from service under a separation agreement.

    Judgment keywords

    Keywords:

    agreed termination; duress; reinstatement;



  • Judgment 3486


    120th Session, 2015
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment.

    Consideration 4

    Extract:

    "The cessation of the employment relationship between the defendant organisation and the complainant was mutually agreed by the parties. There is no evidence in the file that the complainant signed this agreement as a result of misrepresentation, mistake or justified fear, or under the pressure of circumstances liable to vitiate his free consent (see, for example, Judgments 1075, under 11 to 14, and 1934, under 6 and 7)."

    Reference(s)

    ILOAT Judgment(s): 1075, 1934

    Keywords:

    agreed termination;



  • Judgment 3424


    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 impugned implied decision was flawed.

    Consideration 12

    Extract:

    "The defendant raises a second, more fundamental objection to the receivability of the complaint, namely that the complainant, by signing the separation agreement, waived their right to challenge the validity or the content thereof. However, since, as just stated, the complainant contends that he signed this agreement under pressure and misrepresentation that vitiated his consent, the question of receivability is inseparable from the merits of this case."

    Keywords:

    agreed termination;



  • Judgment 3401


    119th Session, 2015
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the complainant's claim for harassment was irreceivable for failure to exhaust internal means of redress.

    Judgment keywords

    Keywords:

    agreed termination; time bar;



  • Judgment 2368


    97th Session, 2004
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    In the context of a voluntary staff reduction programme the complainants signed individual letters agreeing to their termination of appointment. Once the agreed termination was concluded, neither the separation itself nor the conditions agreed upon were subject to revision. The complainants were entitled to either a termination indemnity or an end-of-service-allowance, whichever was greater. They received the termination indemnity and want the Organization to pay them the end-of-service-allowance. The Tribunal considers that "each complainant expressly waived his/her right to appeal the separation from service or to seek any form of compensation other than the payments specified in the letter of agreed termination. In view of that waiver, the complainants could not contest an overall financial settlement which [...] did not allow them to claim any further indemnity. The Tribunal finds no misrepresentation on the part of the Organization and considers that the terms of [...] the letters signed by the complainants - which have acquired contractual status - were clear. It therefore rejects the complainants' claims."

    Keywords:

    acceptance; agreed termination; binding character; compensatory measure; staff reduction; terminal entitlements; termination; waiver of right of appeal;



  • Judgment 2142


    93rd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 16 and 17

    Extract:

    The complainants' request for mutually agreed separation was not allowed. "They suggest that a number of staff members who were granted a mutually agreed separation should not have been entitled to benefit from the exercise [...] The complainants request that the Tribunal itself undertake a complete examination of all documents relative to the [...] selection process or, alternatively, that they themselves, or their representative, be allowed to examine the documents. The Tribunal will not make an order of the type sought. The documents of the [mutually agreed separation] exercise, to the extent that they apply to other staff members, are confidential and the complainants' representative enjoys no privileged position in this regard. Without some evidence to support the complainants' unfounded allegations [...] the Tribunal will not sanction, or itself undertake, a wholesale 'fishing expedition' based on nothing more than the possibility that something may turn up."

    Keywords:

    acceptance; agreed termination; appointment; competence of tribunal; complainant; confidential evidence; counsel; disclosure of evidence; iloat; international civil servant; lack of evidence; mistake of fact; procedure; refusal; request by a party; right;

    Consideration 18

    Extract:

    "In a selection for a post, the most worthy candidates are selected 'in', i.e. to become members of staff, whereas in a mutually agreed separation exercise these are the very people who are most likely to be selected 'out' i.e. not to be released, in accordance with the requirements of the service. The interest of the organisation, which is paramount in each case, requires that the best candidates be employed and promoted in the first instance, and that they be retained in the organisation's service in the second."

    Keywords:

    agreed termination; appointment; candidate; competition; organisation; organisation's interest; post; procedure; promotion; qualifications;



  • Judgment 2098


    92nd Session, 2002
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant denies having signed an agreement for the termination of his appointment. He asked for a signed copy of the agreement but the organization cannot provide it. "The facts show beyond all doubt that the complainant accepted the [organization]'s offer. His attitude [is] tantamount to an admission that he did agree to the termination of his appointment. This is further borne out by the fact that he raised no objection when the agreement was implemented. The concurrence and reciprocity between the parties would in itself constitute sufficient evidence that a contract existed even in the absence of proof of a written agreement."

    Keywords:

    acceptance; agreed termination; complainant; contract; enforcement; evidence; intention of parties; lack of evidence; offer; request by a party;

    Consideration 8

    Extract:

    The complainant's appointment was terminated by mutual agreement. He appears to object that the organization terminated his employment while he was on sick leave. "Although the Tribunal held in Judgment 938 [...] that a staff member cannot be separated while on sick leave, it later pointed out that its ruling was to be seen in context and could not be applied in any circumstances whatever (see Judgment 1494 [...], under 6). The rule being intended to protect the staff member, it cannot be applied where the termination is the subject of an agreement, particularly when it has been mooted by the staff member concerned".

    Reference(s)

    ILOAT Judgment(s): 938, 1494

    Keywords:

    agreed termination; case law; condition; contract; exception; iloat; limits; separation from service; sick leave;



  • Judgment 2072


    91st Session, 2001
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant benefited from a voluntary separation programme that the organization had had to implement because of financial difficulties. He is challenging the refusal to consider his request for re-employment. "The organization cannot be taken to task for not considering him for [vacant] posts for which he had not applied, or for not offering him another [post] while it was still in financial straits."

    Keywords:

    agreed termination; budgetary reasons; competition; complaint allowed; complaint allowed in part; failure to answer claim; participation; post; refusal; reinstatement; request by a party; separation from service; vacancy; vacancy notice;



  • Judgment 2049


    91st Session, 2001
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    After lenghty negociations, the complainant accepted the offer of separation by mutual agreement (which increased by 50% his termination indemnity on the condition that he would not challenge the decision of separation either before the Appeals Board or the Tribunal). He pleads lack of consent. "The complainant cites financial difficulties and a 'reactive anxio-depressive clinical context' to demonstrate that he was in no state to consent freely. But the evidence shows that he had been examined by an expert chosen by mutual agreement between his doctor and the chief medical officer of [the organization] and that he had been found fit to resume work as from June 1996. There are no grounds for doubting that the complainant had all his mental faculties when, after lengthy negotiations, he finally accepted an offer which afforded him significant financial benefits. He has neither proved that his consent to the negotiated termination was deficient nor provided any evidence to cast doubt on its validity."

    Keywords:

    agreed termination; lack of consent; medical fitness; non-renewal of contract; offer; separation from service; terminal entitlements; waiver of right of appeal;



  • Judgment 1934


    88th Session, 2000
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was offered an exceptional separation package on the condition that he not appeal his separation and/or its terms and conditions. He accepted the same day. "There is no evidence that these commitments - which the complainant now appears to regret - were tainted by a fraudulent attitude or pressure from the [organisation]. The complainant accepted the terms and conditions of the settlement that he made with the organisation, some of which were very favourable, and he cannot challenge them now."

    Keywords:

    abolition of post; agreed termination; good faith; terminal entitlements; termination; waiver of right of appeal;



  • Judgment 1706


    84th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant, placed on special leave without pay following an 'agreed termination' was a candidate in an internal competition. The Organization maintains that she was no longer a staff member at the moment of recruitment. "The Tribunal [...] holds that the 'agreed termination' did not in any way restrict her rights under the Staff Rules, while she remained a staff member, to preference over an outside male candidate in any future competition where qualifications were equal."

    Keywords:

    agreed termination; appointment; candidate; competition; complaint allowed; complaint allowed in part; internal candidate; priority; right; sex discrimination; special leave; staff regulations and rules; unpaid leave;



  • Judgment 1068


    70th Session, 1991
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4, Summary

    Extract:

    The complainant received a termination indemnity under Article 11.6 of the ILO Staff Regulations (indemnity upon reduction of staff). She claims a more generous one under Article 11.16 (agreed termination). The indemnity under dispute was mentioned in an agreement signed in 1977, which the Tribunal recognised as valid in Judgment 404 of 24 April 1980. Besides, her entitlements were paid in full on 24 January 1979. Her claim of 20 December 1988 is therefore time- barred under Article 14.8 and also irreceivable under the res judicata rule.

    Reference(s)

    Organization rules reference: ARTICLES 11.6 AND 11.16 OF THE ILO STAFF REGULATIONS
    ILOAT Judgment(s): 404

    Keywords:

    agreed termination; internal appeal; receivability of the complaint; res judicata; terminal entitlements; time bar;



  • Judgment 581


    51st Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant's services were terminated and his post abolished. The Organization contends that the fact that the complainant accepted the indemnity provided for in the Rules constitutes a contractual agreement which precludes him from pursuing subsequent claims. "The Tribunal will, naturally, examine the circumstances in which the payment was made and accepted in considering whether or not the complainant has renounced any claim he may have had against the Organisation in connection with the termination of his services. In the circumstances of this case the Tribunal has concluded that the mere acceptance by the complainant of the said indemnity does not amount to a renunciation by him of his claim against the PAHO and is not a bar to his seeking relief."

    Keywords:

    abolition of post; acceptance; agreed termination; terminal entitlements; termination; waiver of right of appeal;



  • Judgment 546


    50th Session, 1983
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 6

    Extract:

    it was agreed that the complainant's contractual relations would cease. the agreement was closer to dismissal than to resignation, the only two possibilities under the material rules. the organisation has no discretion in the matter and could not decide what it thought was equitable. the complainant is entitled to payment of separation benefit at the prescribed dismissal rate and to interest at 5 per cent from the date on which the complaint was filed and costs.

    Keywords:

    agreed termination; applicable law; complaint allowed; no provision; pension; termination; withdrawal settlement;



  • Judgment 436


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "Even if the complainant had succeeded on the facts, he would fail in law in his plea of nullification [of the agreement on the termination of his appointment. Well before the agreement took effect] he knew all the matters which have led him to conclude that he was the victim of deception and bad faith. If what he believed was true, it probably would have entitled him to rescind the agreement. But he chose instead to affirm it by accepting payment of all the sums which the agreement secured for him and he cannot now refuse to be bound by it."

    Keywords:

    acceptance; agreed termination; good faith; terminal entitlements; waiver of right of appeal;

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Last updated: 19.09.2019 ^ top