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Unpaid leave (436,-666)

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Keywords: Unpaid leave
Total judgments found: 12

  • Judgment 4092


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant asks the Tribunal to order WHO to comply with the obligations imposed on it by Judgment 3871 and, in particular, to reinstate him with all legal consequences.

    Consideration 7

    Extract:

    [T]he only remaining point at issue is to determine the effects of the reinstatement order, with all the legal consequences that this entails, effective from the date of his unlawful dismissal.
    WHO argues that the requirements of the above-mentioned point 2 of the decision in Judgment 3871 would be satisfied by considering the period from that date – namely 8 March 2010 – to the date of the complainant’s actual reinstatement in his new post as a period of special leave without pay. In this respect, WHO submits that this is an adequate means to restore the complainant’s former status as a staff member holding a continuing appointment, thereby exempting him from the requirement of a probationary period in his new post and enabling him to be regarded as having maintained uninterrupted employment with WHO since his unlawful dismissal, as a period of special leave is regarded under the regulations as a period of service. Moreover, WHO emphasizes that, under the terms of this solution, it would pay the contributions to the United Nations Joint Staff Pension Fund and the sickness and accident insurance scheme corresponding to the complainant’s employment for this period.
    However, the Tribunal cannot accept WHO’s line of argument. As the Tribunal has stated on many occasions in its case law, when a reinstatement order is applied retroactively to the date when the official’s employment was unlawfully terminated, this implies that the official is considered as having remained in service after that date under the same conditions as before and is therefore entitled to the salary and other financial benefits that he would have received if this had actually been the case (see, for example, Judgments 1384, consideration 18(a), 1447, consideration 17, 2261, consideration 16, 2468, consideration 19, and 3723, consideration 8). The reinstatement “with all legal consequences that this entails” referred to in point 2 of the decision in Judgment 3871 can therefore only be construed as having such effects. Moreover, the Tribunal’s intention in this regard was made all the more clear by the fact that it also recalled, in consideration 3 of the judgment, that, since the decision to dismiss him had been set aside, the complainant was entitled in principle to the restoration of the status quo ante, which included payment of the remuneration to which he would have been entitled if he had continued to perform his duties.

    Reference(s)

    ILOAT Judgment(s): 1384, 1447, 2261, 2468, 3723, 3871

    Keywords:

    reinstatement; unpaid leave;



  • Judgment 3438


    119th Session, 2015
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the complainant's request for reintegration was moot and that her other claims were devoid of merit.

    Judgment keywords

    Keywords:

    internal appeal; unpaid leave;



  • Judgment 2593


    102nd Session, 2007
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Just as entitlement to sick leave terminates on the date of termination of an official's appointment, it is suspended during the period when the official is on special leave without salary."

    Keywords:

    date; international civil servant; period; right; same; separation from service; sick leave; special leave; suspension; unpaid leave;



  • Judgment 2324


    97th Session, 2004
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "A decision to place a senior officer on leave with or without pay pending a review of his or her performance is one that inevitably affects that person's dignity and good name and, moreover, it is one that will almost certainly carry adverse consequences for his or her career. Where, as here, the decision is unlawful, the person concerned is entitled to compensation. However, the measure of compensation may vary according to whether, on the one hand, the decision might otherwise properly have been taken in the circumstances or, on the other, whether it appears to have been taken for an improper purpose." [See consideration 18 for the Tribunal's appreciation of the purpose.]

    Keywords:

    amount; career; compensation; complaint allowed; complaint allowed in part; grounds; misuse of authority; moral injury; proportionality; respect for dignity; special leave; unpaid leave; work appraisal;



  • Judgment 2263


    95th Session, 2003
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The question to be resolved is that of whether, for the purposes of service order No. 99 [which defines the conditions and formalities governing the granting of a personal promotion], the period in excess of the 12-month maximum duration stipulated for short-term contracts should be taken into account in calculating the 18 years of continuous service. The answer is necessarily affirmative. [...] Once [the first 12-month period] had elapsed, the complainant must be considered to have been in service [...], even in the absence of a provision to that effect and taking into account the contracts he was granted thereafter. Regarding the [one month] break in service which occurred [subsequently], it is necessary to establish whether this prevented the complainant from completing the 18 years of continuous service [...] The Tribunal considers that it did not. The evidence on file, and particularly an affidavit produced by the complainant as an annex to his written submissions, shows that the break imposed on the complainant was justified only by the fact that he was employed under short-term contracts. since the Tribunal has determined that the complainant must be deemed to have been in service from 17 November 1982 onwards, the break in question must be viewed as a period of leave."

    Reference(s)

    Organization rules reference: SERVICE ORDER No. 99

    Keywords:

    complaint allowed; complaint allowed in part; continuance of operations; contract; duration of appointment; fixed-term; interpretation; leave; no provision; personal promotion; promotion; reckoning; seniority; short-term; successive contracts; unpaid leave; validation of service;



  • Judgment 1981


    89th Session, 2000
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant was placed on leave without pay. Although she was included in a reduction-in-force exercise, she was not successful and she was paid damages in lieu of reinstatement. She argues that her termination indemnity should be recalculated to take into account the period of leave. "The issue is therefore whether service time continued to accrue. the answer is that it did not accrue, since the organization opted to pay damages in lieu of reinstatement. As there was no reinstatement, service time did not occur."

    Keywords:

    abolition of post; compensation; leave; reinstatement; separation from service; terminal entitlements; unpaid leave;



  • 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 1363


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 24 to 26

    Extract:

    The complainant submits that while on leave without pay he was free to earn money without being bound by any professional obligations as an employee of the EPO. "The plea fails. An official who is granted leave for any reason remains bound by all professional obligations but one - for that is what leave means - the performance of duties [...] so the complainant must be judged on his behaviour throughout the period of his employment in the organisation, no diminution whatever of his obligations being admissible while he was on leave."

    Keywords:

    amendment to the rules; organisation's interest; staff member's duties; unpaid leave;



  • Judgment 1074


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Following a period on unpaid leave for personal reasons, the complainant could not be reinstated under Article 40(3)(d), which entitles him to reinstatement under certain conditions. He alleges breach of the terms of appointment by Eurocontrol. The Tribunal observes that "he is unable to point to any one vacant post corresponding to his grade, category and service in which the organisation have failed to reinstate him. Still less is he able to point to such a series of failures to reinstate him as might raise the presumption of a decision by the organisation never to reinstate him at all".

    Reference(s)

    Organization rules reference: ARTICLE 40 OF THE GENERAL CONDITIONS OF EMPLOYMENT GOVERNING SERVANTS AT THE EUROCONTROL MAASTRICHT CENTRE

    Keywords:

    compassionate leave; organisation's duties; reinstatement; right; special leave; unpaid leave;



  • Judgment 909


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    after using up his entitlement to sick leave on full pay, the complainant was put on half-pay. having later failed to return to work after being declared fit, he was put on unpaid leave. this decision is found by the tribunal to be in keeping with the provisions of the staff regulations on special leave.

    Keywords:

    medical fitness; sick leave; special leave; unpaid leave;



  • Judgment 633


    54th Session, 1984
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The unconditional acceptance by the complainant of the Secretary-General's offer [...] amounted to a withdrawal of any objection he may have had to the Secretary-General's placing him on leave in the first place. Any question of principle which he might have been able to raise in regard to his being placed on leave otherwise than on his own application, and any distinction he might have sought to draw between annual leave entitlement and accrued annual leave, have been rendered purely hypothetical by his acceptance of the arrangement offered".

    Keywords:

    abolition of post; acceptance; leave; special leave; unpaid leave; waiver of right of appeal;



  • Judgment 481


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    under the staff rules, any unauthorised and unjustified absence from duty shall be charged to special leave without pay. "it is for the administration to determine whether or not an official needs permission to be absent from duty and whether to authorise participation in a staff demonstration during working hours." by warning the association that participation in the demonstration set for the next day [to secure recognition of the association] would be treated as unauthorised and unjustified, the director-general kept within the bounds of his authority.

    Keywords:

    discretion; enforcement; provision; special leave; staff regulations and rules; staff union; staff union activity; time off; unauthorised absence; unpaid leave;


 
Last updated: 19.11.2019 ^ top