Agreed termination (391,-666)

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Keywords: Agreed termination
Total judgments found: 25

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• 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 of employment; waiver of right of appeal;
  

  
  
  

• Judgment 546

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

  Considerations 5-6

  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; no provision; pension; termination of employment; 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;
  

  
  
  

• Judgment .2

  
  Sessions of the Administrative Tribunal of the League of Nations, 1946
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  agreed termination; withdrawal of resignation;
  

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