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Terminal entitlements (352,-666)

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Keywords: Terminal entitlements
Total judgments found: 50

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  • Judgment 4218


    129th Session, 2020
    ITER International Fusion Energy Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to renew her fixed-term contract.

    Consideration 9

    Extract:

    The seventh and final argument is that the defendant organization failed to provide the complainant unemployment benefits. No legal foundation obliging the payment of any such benefits has been established.

    Keywords:

    terminal entitlements;



  • Judgment 4215


    129th Session, 2020
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to confirm his appointment at the end of his probation period.

    Consideration 28

    Extract:

    OTIF is, however, obliged to pay the complainant the sums mentioned above which it has acknowledged that it owes him. Indeed, the fact that, as OTIF points out, the complainant did not accept the above-mentioned final balance of all accounts cannot release it, in any event, from its obligation to pay him the indemnities to which he is entitled.

    Keywords:

    terminal entitlements;



  • Judgment 4165


    128th Session, 2019
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to pay her certain entitlements upon separation from service.

    Judgment keywords

    Keywords:

    complaint dismissed; terminal entitlements;



  • Judgment 4152


    128th Session, 2019
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the circumstances in which he was separated from service upon the expiry of his special leave without pay, and the refusal to pay him a termination indemnity.

    Judgment keywords

    Keywords:

    complaint dismissed; terminal entitlements; termination of employment;



  • Judgment 3990


    126th Session, 2018
    ITER International Fusion Energy Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to terminate her fixed-term contract and to refuse to pay her the termination indemnity.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; fixed-term; terminal entitlements; termination of employment;



  • Judgment 3827


    124th Session, 2017
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal to grant her the lump sum paid to servants whose application to resign is accepted.

    Judgment keywords

    Keywords:

    complaint dismissed; terminal entitlements;



  • Judgment 3738


    123rd Session, 2017
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to reject his claim for a termination indemnity.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; terminal entitlements;



  • Judgment 3616


    121st Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend her fixed-term contract and the refusal to grant her a termination indemnity.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; fixed-term; non-renewal of contract; terminal entitlements;



  • 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.

    Consideration 13

    Extract:

    "The last matter [...] is whether the complainant was entitled to a termination indemnity under Staff Rule 1050.10 on the basis that he had 11 years of service (interrupted by a period of employment outside WHO) rather than four years of relevant service, which was the basis upon which WHO assessed his entitlement. It is unlikely that the years of service referred to is the entire period of service broken by other employment. That is because a staff member who was terminated would be entitled to payment under the provision by reference to prior uninterrupted service, but if re-employed and again later terminated would, on the complainant’s approach, be entitled to termination indemnity on the second occasion by reference to the period for which such a payment had already been made."

    Keywords:

    terminal entitlements;



  • Judgment 3448


    119th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the complaint because the non-renewal of a fixed-term contract is discretionary.

    Consideration 6

    Extract:

    "[A]s the Tribunal has stated in Judgment 2171, under 4, the non-renewal of a fixed-term contract is not the same thing as termination and does not give rise to any termination indemnity."

    Reference(s)

    ILOAT Judgment(s): 2171

    Keywords:

    fixed-term; non-renewal of contract; terminal entitlements;



  • Judgment 3154


    114th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The ITU applies for interpretation of paragraph 2 of the decision in Judgment 2958 concerning the definition of "gross salary" for the calculation of termination indemnity.

    Judgment keywords

    Keywords:

    application for interpretation; complaint allowed; gross salary; terminal entitlements;



  • Judgment 3131


    113th Session, 2012
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    complaint allowed; terminal entitlements;



  • 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 of employment; waiver of right of appeal;



  • Judgment 2198


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12-13

    Extract:

    The complainant worked, from 1993 to 2000, under a series of short-term contracts of varying durations. "It was clearly within the discretionary authority of the Director-General to decide whether to renew the complainant's short-term contract or offer him a fixed-term contract. The complainant cannot now claim to be treated retroactively as if he had a fixed-term contract; he was at all times a short-term staff member (see, for example, Judgment 2107, under 10). [...] Precedent has it that, at the discretion of the executive head, a temporary appointment may be extended or converted to a fixed-term appointment, but it does not carry any expectation of, nor imply any right to, such extension or conversion and shall, unless extended or converted, expire according to its terms, without notice or indemnity (see, in particular, Judgment 1560, under 4)."

    Reference(s)

    ILOAT Judgment(s): 1560, 2107

    Keywords:

    contract; discretion; duration of appointment; executive head; fixed-term; non-renewal of contract; non-retroactivity; notice; right; short-term; successive contracts; terminal entitlements;



  • Judgment 2171


    94th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The non-renewal of a fixed-term contract is not the same thing as termination and does not give rise to any termination indemnity."

    Keywords:

    contract; difference; fixed-term; non-renewal of contract; terminal entitlements; termination of employment;



  • Judgment 2103


    92nd Session, 2002
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 10

    Extract:

    "An organisation may try by all legal means to recover any money a staff member may owe it when he or she leaves service. But that does not entitle it to suspend or block consideration of the staff member's pension entitlements. [...] However, [the organization] was right to defer consideration of the complainant's entitlement to a repatriation allowance."

    Keywords:

    debt; organisation's duties; pension; pension entitlements; repatriation allowance; separation from service; terminal entitlements;



  • Judgment 2088


    92nd Session, 2002
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    The complainant seeks "a termination indemnity under Rule 109.5 which does not deal with indemnities. These are in fact dealt with under 109.7 [...] the question of a termination indemnity was not argued before the Tribunal probably because the complainant did not cite the number of the Staff Rule correctly. The Tribunal considers that the question of a claim under 109.7 (mistakenly referred to as 109.5) should be returned to the parties for argument on this single issue".

    Reference(s)

    Organization rules reference: UNESCO STAFF RULE 109.5 UNESCO STAFF RULE 109.7

    Keywords:

    adversarial proceedings; complainant; enforcement; iloat; provision; remand; request by a party; staff regulations and rules; terminal entitlements;



  • Judgment 2080


    92nd Session, 2002
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant's contract was not renewed upon expiry. "Interim Staff Rule 4.4.02(b) provides that separation as a result of the expiration of an appointment shall not be regarded as a termination [...] Rule 9.1.01(b) defines termination [...] as any separation initiated by the Director-General, other than the expiration of a contract. Therefore, the question of any termination indemnity payable to the complainant does not arise."

    Reference(s)

    Organization rules reference: OPCW INTERIM STAFF RULE 4.4.02(B), OPCW INTERIM STAFF RULE 9.1.01(B)

    Keywords:

    consequence; contract; decision; definition; difference; executive head; non-renewal of contract; official; provision; separation from service; staff regulations and rules; terminal entitlements; termination of employment;



  • 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 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;

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Last updated: 28.11.2022 ^ top