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Terminal entitlements (352,-666)

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Keywords: Terminal entitlements
Total judgments found: 52

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  • Judgment 873


    63rd Session, 1987
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Staff Regulations do not say what notice shall be given or how much shall be paid in compensation to the redundant staff member. [...] When his post is abolished someone with a fixed-term appointment is ordinarily entitled to notice and to fair and reasonable compensation. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation and seniority and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE

    Keywords:

    abolition of post; amount; compensation; elements; moral injury; no provision; notice; organisation's duties; terminal entitlements;



  • Judgment 822


    62nd Session, 1987
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The grants [the complainant] is claiming under [his new] contract are those which were payable on the cancellation of an indefinite contract under the rules in force 'on this day'. The Tribunal takes that expression to denote [...] the date on which the letter was signed, not [...] the date when the complainant left on the expiry of his contract."

    Keywords:

    amendment to the rules; date; enforcement; interpretation; provision; staff regulations and rules; terminal entitlements;



  • Judgment 595


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

    Consideration 6

    Extract:

    The material date was that on which the complainant received the letter of termination. The period of notice should begin on that date and the termination payment and the disability payment should be calculated and paid accordingly. "Any other conclusion would offend against the rule that a decision must not be retroactive in effect. [...] No organisation may retroactively alter at will the position of its staff. The effect of the WHO's arrangement might be to do away with one of the benefits prescribed" in the material Staff Rules. The decision is set aside; the complainant's administrative position must be reviewed.

    Keywords:

    date; date of notification; disability benefit; non-retroactivity; notice; payment; terminal entitlements; termination of employment;



  • 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 537


    49th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal interpreted the French and English versions of the relevant rule according to the usual methods. It found that the latter had not been modified when the rules were amended, that the corresponding old rule refers to a section which in no way precludes the accumulation of termination payments and disability benefits. The Tribunal took the view that it was the French text of the rule which should be applied, not the English text.

    Keywords:

    accumulation; disability benefit; interpretation; language of rule; terminal entitlements;



  • Judgment 463


    46th Session, 1981
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Terminal entitlements fall due due after the termination of employment. They are intended to facilitate the transition to other employment or to retirement.

    Keywords:

    purpose; terminal entitlements;

    Considerations 5-6

    Extract:

    The complainant did not submit a copy of his marriage certificate until one month after he was terminated. But the organization was aware of the fact that the complainant had a wife and child. The only material fact is that he is married, whatever the date on which he produced the required evidence. The application of a provision on family benefit is not relevant: the two matters are basically distinct. In the present case, the amount due should be calculated according to the rate provided for officials with dependants.

    Keywords:

    allowance; delay; dependant; disclosure of evidence; marital status; rate; terminal entitlements;



  • 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 226


    32nd Session, 1974
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    After the period of probation, the complainant was dismissed. "As to the claim for compensation, on which judgment was reserved in Judgment No. 194, the Tribunal considers that the sum [...] offered by the Director-General in his letter [...] is sufficient and therefore decides to award that sum to the complainant."

    Reference(s)

    ILOAT Judgment(s): 194

    Keywords:

    acceptance; amount; offer; organisation; probationary period; terminal entitlements; termination of employment; tribunal;



  • Judgment 180


    27th Session, 1971
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    No terminal entitlements are payable if the person concerned receives benefits under a permanent pension scheme to which the organisation contributes. "[A] pension must be defined as "permanent" within the meaning of [the applicable] text if its forfeiture depends solely on the free will of the beneficiary. If [...] the complainant [...] forfeits his present right to a pension by engaging in gainful employment, he does so of his own free will, a circumstance which does not affect the permanent character of the pension."

    Keywords:

    accumulation; consequence; forfeiture of benefit; pension; pension entitlements; terminal entitlements;



  • Judgment 84


    14th Session, 1965
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The substantial claim which the Tribunal has to consider is a complaint that the compensation which the complainant has already received is inadequate [...]. The complainant has received in all by way of compensation a sum equal to nine months' salary. Taking into account the fact that the appointment was terminated when it was still in the probationary period, the Tribunal considers that this compensation would be adequate even on the assumption that the decision to terminate the complainant's appointment was wrongful."

    Keywords:

    amount; competence of tribunal; offer; organisation; probationary period; terminal entitlements; termination of employment;

    Consideration 1

    Extract:

    "The organization submits that the complaint is without cause and inadmissible on the ground that the complainant, having accepted the compensation fixed by the [internal appeals body] as an alternative to the offer of a [...] new post, cannot now contest the Director-General's decision to dismiss him. The Tribunal rejects this submission. There is nothing to show that the complainant accepted the compensation in full settlement of his claims and so he is not thereby precluded from contending that it is insufficient."

    Keywords:

    acceptance; terminal entitlements; termination of employment; waiver of right of appeal;



  • Judgment 61


    10th Session, 1962
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The organisation altered the pensions scheme, family allowances and termination benefits in case of abolition of post. While it "was, in principle, empowered to do so, it falls to be considered whether it thereby altered the balance of contractual obligations or infringed the essential terms of appointment in consideration of which the complainant [...] agreed to accept service with [the organisation]."

    Keywords:

    abolition of post; acquired right; amendment to the rules; consequence; contract; family allowance; judicial review; pension; terminal entitlements; terms of appointment;

    Consideration 24

    Extract:

    A comparison of the old and new provisions reveals "that in the event of termination owing to the abolition of the official's post the new regulations abolish all immediate right to a pension and substitute for an allowance of a stated amount, guaranteed under the former article [...] a benefit of an amount to be decided by the administrative council at its absolute discretion; these two changes constitute a serious infringement of the [complainant's] terms of appointment [...]."

    Keywords:

    abolition of post; acquired right; amendment to the rules; discontinuance; pension entitlements; provision; repeal; staff regulations and rules; terminal entitlements; termination of employment; terms of appointment;



  • Judgment .18


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

    Judgment keywords

    Keywords:

    delay; receivability of the complaint; terminal entitlements;

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