Abolition of post (379, 380, 381, 382, 649, 383,-666)
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Keywords: Abolition of post
Total judgments found: 167
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Judgment 4654
136th Session, 2023
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks a redefinition of his employment relationship and the setting aside of the decision not to renew his employment contract.
Consideration 19
Extract:
It is clear from the submissions that the functions of statistician that he performed in HRMD no longer met that department’s requirements at the time when the decisions were taken. The IT projects on which the complainant mostly worked – namely those in the “ERP portfolio” – were due to finish in June 2017. Furthermore, new applications meant that WIPO’s various administrative units could now compile their own human resources statistics rather than needing as a matter of course to consult a specialist in this field employed within HRMD, with the result that HRMD no longer needed to have a full-time statistician. Contrary to what the complainant submits, the job description for his post, as drawn up in 2008, had been rendered obsolete, given that the content of a document of this type does not confer an entitlement to the continued existence of the post to which it relates.
It thus appears that sufficient reasons underlay the abolition of the complainant’s post to justify that decision and accordingly that the disputed decision not to renew his appointment was itself based on valid, objective reasons, in compliance with the requirement recalled in consideration 16(b) [...].
Keywords:
abolition of post; motivation; outsourcing; post description;
Consideration 16
Extract:
[T]he decision to separate the complainant from service was taken by WIPO on the grounds that, in its view, most of the requirements which the complainant’s employment had met had gradually disappeared, so there was no reason to renew his contract. While, as the Organization correctly observes, staff members with temporary appointments do not hold budget posts, the Tribunal considers that the disappearance of the functions performed by the holder of such an appointment is still an abolition of post within the meaning of the applicable case law, in any event in the case of functions that have been performed on a continuous basis. It follows that, although WIPO was not under an obligation to redeploy the complainant, it was nevertheless required, in view of the length of his employment relationship with the Organization, to explore with him other employment options prior to his separation, even though the measure at issue was not a termination of a current appointment (see, for comparable situations, Judgments 3159, consideration 20, and 2902, consideration 14).
Reference(s)
ILOAT Judgment(s): 2902, 3159
Keywords:
abolition of post; fixed-term; non-renewal of contract; reassignment; reclassification; separation from service;
Consideration 20
Extract:
The complainant [...] submits that WIPO did not provide him with sufficient assistance to allow him to be redeployed in a new post after his contract ended.
As stated in consideration 16(c) above, the Tribunal considers that the Organization was required to explore other employment options with the complainant before terminating his appointment. However, the submissions show that WIPO was aware of this duty and made every effort to comply with it. In the aforementioned memorandum of 27 March 2012, HRMD “encourage[d] [the complainant] to submit [his] application for all the vacancy notices already published or to be published which interest[ed] [him] and for which [he] consider[ed] that [he had] the necessary qualifications”, bearing in mind that the only legal way for the complainant to obtain a post filled by a fixed-term appointment was to be successful in a recruitment competition. A pressing invitation to apply for vacant posts – this time including posts that might be offered by employers other than WIPO – was again sent to the complainant in the memorandum of 12 August 2016, which also stated that “HRMD [would] increase its efforts to identify a post matching [his] qualifications”. That advice was repeated in the letter from the Legal Counsel of 15 November 2016. The complainant did in fact apply for 12 competitions to fill posts at WIPO between 2011 and 2016 and, although none of his applications proved successful, the Organization cannot be held responsible, especially as it had enabled him to receive individual support from HRMD’s Performance and Development Section and a training designed to facilitate his career transition.
In light of these various findings, the Tribunal considers that the plea that WIPO was negligent in this respect cannot be accepted (see, for a comparable situation, [...] Judgment 3159, considerations 21 to 23).
Reference(s)
ILOAT Judgment(s): 3159
Keywords:
abolition of post; reassignment; reclassification;
Judgment keywords
Keywords:
abolition of post; complaint dismissed; conversion of contract; late appeal; non-renewal of contract; redefinition of contract; short-term;
Judgment 4608
135th Session, 2023
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests WIPO’s decision to maintain Office Instruction No. 10/2016, promulgating, inter alia, the discontinuation of the Small and Medium-Sized Enterprises Section.
Consideration 7
Extract:
It is well settled in the Tribunal’s case law that decisions concerning restructuring within an international organisation, including the abolition of posts, may be taken at the discretion of the executive head of the organisation and are consequently subject to only limited review. Accordingly, the Tribunal shall ascertain whether such decisions are taken in accordance with the relevant rules on competence, form or procedure, whether they rest upon a mistake of fact or of law, or whether they constitute abuse of authority. The Tribunal shall not rule on the appropriateness of a restructuring or of decisions relating to it, and it shall not substitute the organisation’s view with its own (see, for example, Judgments 4405, consideration 2, 4004, consideration 2, and 4180, consideration 3, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 4180, 4404, 4405
Keywords:
abolition of post; discretion; reorganisation;
Judgment 4599
135th Session, 2023
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post, reassign her, terminate her contract including the decision to defer the date of her termination, and to reject her claims of retaliation.
Considerations 11-12
Extract:
[T]he case law has it that a decision concerning the restructuring of an international organization, which leads to the abolition of a post, may be taken at the discretion of its executive head and is subject to review only on limited grounds by the Tribunal. The Tribunal will not supplant an organisation’s view with its own. Nevertheless, any decision to abolish a post must be based on objective grounds and its purpose may never be to remove a member of staff regarded as unwanted. Disguising such purposes as a restructuring measure would constitute abuse of authority (see, for example, Judgment 4353, under 6). It has also been stated that in order to achieve greater efficiency or to make budgetary savings international organisations may undertake restructuring entailing the redefinition of posts and staff reductions. However, each and every individual decision adopted in the context of such restructuring must respect all the pertinent legal rules, and, in particular the fundamental rights of the staff concerned (see, for example, Judgment 4353, under 7).
Following the decision to abolish a post, there must be proper institutional support mechanisms in place to assist the staff member concerned in finding a new assignment (see, for example, Judgment 4353, under 7).
Reference(s)
ILOAT Judgment(s): 4353
Keywords:
abolition of post; organisation's duties; reorganisation;
Judgment keywords
Keywords:
abolition of post; complaint allowed; reassignment; termination of employment;
Judgment 4587
135th Session, 2023
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of her fixed-term appointment.
Consideration 16
Extract:
With respect to the findings of the Appellate Body that there were valid, objective and substantiated reasons for discontinuing in-house translation and thus ultimately not renewing the contract of the complainant, notwithstanding the latter’s understandable disagreement, it remains that, based on the analysis conducted by the Administration and the costs evaluations made, there were justifications for the outsourcing of translation services that, in fact, permitted significant savings while reducing translation times as well as increasing the number of translated languages. This is supported by the written submissions filed as well as by the annexes. In Judgment 3376, at consideration 2, the Tribunal indicated that “[t]he outsourcing of certain services, that is to say the use by an organisation of external contractors to perform tasks that it feels unable to assign to officials hired under its staff regulations, forms part of the general employment policy that an organisation is free to pursue in accordance with its general interests. The Tribunal is not competent to review the advisability or merits of the adoption of such a measure in a specific field of activity”.
Reference(s)
ILOAT Judgment(s): 3376
Keywords:
abolition of post; outsourcing; reorganisation;
Judgment 4499
134th Session, 2022
Customs Co-operation Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment following the abolition of her post.
Judgment keywords
Keywords:
abolition of post; case sent back to organisation; complaint allowed; late appeal;
Judgment 4411
132nd Session, 2021
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment as a result of the abolition of her post.
Consideration 23
Extract:
Regarding the complainant’s request for the payment of the remaining 37 days of her unused annual leave, as the Appeals Committee correctly noted, it was due to the unlawful termination of her appointment that the complainant could not use those days of leave prior to the expiry of her appointment. In these circumstances, the complainant is entitled to be paid the remaining 37 days of leave.
Keywords:
abolition of post; annual leave; leave; material injury; termination of employment;
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; termination of employment;
Consideration 15
Extract:
In its pleadings before the Tribunal, the FAO again provided no information regarding the restructuring of LOG. In particular, the FAO did not adduce any evidence as to whether LOG was, in fact, restructured and, if so, when the decision to restructure LOG was taken, in particular, if the restructuring had occurred prior to the decision to abolish the complainant’s post. These were facts within the knowledge of the FAO that the FAO opted not to provide. In this regard, the FAO submits that it was “not legally obliged” to provide the complainant with “documentation on the proposed restructuring”, referring to Judgment 3920, consideration 11, and it emphasises that she has not “adduced any evidence to discharge her burden of proving that extraneous factors motivated the decision to abolish her post”. However, as the Tribunal observed in Judgment 3415, consideration 9, “[w]hile international organisations are entitled to defend proceedings before the Tribunal, and even do so robustly, it is singularly unhelpful and inappropriate for an organisation to refuse to provide documents sought by a complainant that are patently relevant to his case and then argue that the complainant has not furnished relevant evidence in support of that case”.
Reference(s)
ILOAT Judgment(s): 3415, 3920
Keywords:
abolition of post; burden of proof; evidence; organisation's duties; reorganisation;
Consideration 22
Extract:
As stated in Judgment 3613, consideration 46, “[i]t is well established in the Tribunal’s case law that ‘international organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members’ (Judgment 2861, under 91; see also Judgments 396, 1875, 2371, 2475 and 2720)”. Based on the nature of the content of the complainant’s communications with the Administration subsequent to her receipt of the email of 8 May 2017, it is clear that the unexpected notification of the abolition of her post and the termination of her appointment was a serious affront to the complainant’s dignity and caused her significant personal harm, for which she is entitled to an award of moral damages.
Reference(s)
ILOAT Judgment(s): 396, 1875, 2371, 2475, 2720, 2861, 3613
Keywords:
abolition of post; moral injury; respect for dignity;
Judgment 4405
132nd Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; reorganisation; termination of employment;
Consideration 6
Extract:
[T]he decision to terminate the complainant’s appointment, which was based on the abolition of her position, is without legal foundation and is therefore also unlawful.
Keywords:
abolition of post; termination of employment;
Judgment 4369
131st Session, 2021
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment.
Consideration 5
Extract:
Under the Tribunal’s case law, the decision to abolish a post and the consequent decision to terminate the appointment of the holder of that post, in the event that she or he is not reassigned, are legally separate (see, for example, Judgment 3905, consideration 15) and “the abolition decision is an administrative decision challengeable with the Tribunal in accordance with Article II of its Statute”, provided that the complainant has exhausted the internal means of redress that may be available to her or him (see also Judgments 3928, consideration 14, and 3929, consideration 13). Thus, since an internal appeal was not lodged in the prescribed period, the decision to abolish the complainant’s post has become final and cannot be contested in these proceedings.
Reference(s)
ILOAT Judgment(s): 3905, 3928, 3929
Keywords:
abolition of post; internal remedies exhausted;
Judgment keywords
Keywords:
abolition of post; complaint allowed; redeployment; termination of employment;
Judgment 4353
131st Session, 2021
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish his post.
Judgment keywords
Keywords:
abolition of post; complaint dismissed;
Judgment 4305
130th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment due to the abolition of his post and the failure to reassign him to another suitable vacant position.
Judgment keywords
Keywords:
abolition of post; complaint allowed; reassignment;
Judgment 4303
130th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of compensation awarded for the unlawful abolition of her post.
Judgment keywords
Keywords:
abolition of post; complaint allowed;
Judgment 4180
128th Session, 2019
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her appeal against the decision to abolish her post and terminate her appointment, the decision not to shortlist her for a specific position and the decisions not to select her for three other positions.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; selection procedure; termination of employment;
Judgment 4149
128th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish his post and to place him on special leave with pay until the expiry of his fixed-term appointment.
Consideration 7
Extract:
WHO raises a threshold issue about the receivability of the complaint insofar as it might be thought to contain allegations of harassment, malice, prejudice and retaliation being pursued independently of the challenge to the impugned decision to abolish the complainant’s post. However, it is relatively clear that the allegations of harassment and related matters are intended to establish an aspect of the unlawfulness of the decision to abolish the post and the complainant’s claims are cast no wider. It is open to the complainant to follow this course (see, for example, Judgment 3688, consideration 1).
Reference(s)
ILOAT Judgment(s): 3688
Keywords:
abolition of post; harassment; receivability of the complaint;
Judgment keywords
Keywords:
abolition of post; complaint allowed; reassignment;
Judgment 4139
128th Session, 2019
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her fixed-term contract as a result of her post having been abolished.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; reorganisation; termination of employment;
Judgment 4099
127th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish her position.
Consideration 3
Extract:
According to the Tribunal’s case law, a decision concerning the restructuring of an international organization’s services, including one concerned with the abolition of a position, lies at the discretion of the organization’s executive head and is therefore subject to only limited review. The Tribunal must verify whether this decision was taken in accordance with the rules on competence, form or procedure, whether it involves an error of fact or of law, whether it constituted misuse of authority, whether it failed to take account of material facts or whether it draws clearly incorrect conclusions from the evidence. However, it cannot supplant the organization’s appraisal with its own (see, for example, Judgments 1131, consideration 5, 2510, consideration 10, 2933, consideration 10, and 3582, consideration 6).
Reference(s)
ILOAT Judgment(s): 1131, 2510, 2933, 3582
Keywords:
abolition of post; discretion; judicial review; reorganisation;
Judgment keywords
Keywords:
abolition of post; complaint dismissed;
Judgment 4097
127th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decisions to end her participation in the reassignment process and to terminate her fixed-term appointment further to the abolition of her post.
Consideration 10
Extract:
The complainant refers in her pleas to the Tribunal’s judgments which emphasise the need for an organization to apply rules concerning the abolition of posts and the reassignment of staff with considerable generosity towards the affected staff members (see, for example, Judgments 133 and 388). While these and many other judgments of the Tribunal concerned permanent staff, they were judgments given at a time when the preponderance of staff in international organizations were permanent staff. There is, presently, a greater mix of staff of differing status in international organizations. However, simply because some staff are not permanent, it does not follow that those other classes of staff of differing status should be afforded no protection by principles developed by the Tribunal in circumstances where their post is abolished and attempts are being made to reassign them.
Reference(s)
ILOAT Judgment(s): 133, 388
Keywords:
abolition of post; analogy; organisation's duties; reassignment; status of complainant;
Consideration 13
Extract:
The Tribunal is satisfied that the decision not to extend the complainant’s reassignment period was flawed. It is not a question of whether it was likely or not that the complainant would be placed in a position emerging from the reorganization. The power to extend a reassignment period is a discretionary power but it is not unfettered. It must be exercised having regard to the principles developed by the Tribunal. An organization that is endeavouring to reassign a staff member whose position has been abolished is obliged to do all that it can to find another position. It has been stated in one judgment of the Tribunal that the organization must do “its utmost” to find another position (see Judgment 3754, consideration 16, citing Judgment 2830, consideration 9). Indeed, the Tribunal has said that it is incumbent on the organization to prove that the affected staff member was not able to remain in the organization’s service (see Judgment 2830, consideration 9). These concepts are comprehended by the expression “reasonable efforts” in Staff Rule 1050.2. Even if it was only remotely possible, in the circumstances of a case such as the present when the reorganization was incomplete, that the reorganization might create a position to which the complainant could have been appointed, the complainant was entitled to the benefit of an extension of the reassignment period, as proposed by the RRC or for an even longer period.
Keywords:
abolition of post; discretion; organisation's duties; reassignment;
Consideration 6
Extract:
Ordinarily, when a post is lawfully abolished and reasonable and appropriate steps are undertaken, albeit without success, to reassign the official who held the post to another position within the organization, then the ensuing termination of employment can be taken to have been lawful.
Keywords:
abolition of post; reassignment; termination of employment;
Consideration 9
Extract:
The Tribunal recently addressed the question of what were an organization’s obligations in relation to reassignment in Judgment 4036, considerations 7 and 8, citing Judgment 3908. Several propositions emerge from Judgment 4036 which are consistent with earlier case law. The first is that normative legal documents promulgated within an organization cannot alone circumscribe the obligation of the organization to explore other employment options within the organization for staff whose positions have been abolished. The second is that an organization has a duty to apply processes biased in favour of the staff member whose position has been abolished and which are likely to promote appointment to another position. The third and related proposition is that an organization has an obligation to deal fairly with staff who occupy an abolished position which ordinarily extends to finding, if they exist, other positions within the organization for which those staff have the experience and qualifications. This last proposition is qualified by matters referred to in consideration 16 of Judgment 3908. The fourth proposition is that it is not the Tribunal’s role to actually assess whether a staff member whose position has been abolished was suitable for another position to which they might have been reassigned. Rather, it is to ascertain whether any or adequate consideration was given to the fact that the complainant was then a member of staff whose post had been abolished and was facing the termination of her or his employment.
Keywords:
abolition of post; organisation's duties; reassignment;
Judgment keywords
Keywords:
abolition of post; complaint allowed; reassignment; termination of employment;
Judgment 4095
127th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish his post and to terminate his fixed-term contract.
Judgment keywords
Keywords:
abolition of post; complaint allowed; termination of employment;
Judgment 4094
127th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish her post and to terminate her fixed-term contract.
Consideration 4
Extract:
The Tribunal recently addressed this question in Judgment 4036, considerations 7 and 8, citing Judgment 3908. Several propositions emerge from Judgment 4036 which are consistent with earlier case law. The first is that normative legal documents promulgated within an organization cannot alone circumscribe the obligation of the organization to explore other employment options within the organization for staff whose positions have been abolished. The second is that an organization has a duty to apply processes biased in favour of the staff member whose position has been abolished and which are likely to promote appointment to another position. The third and related proposition is that an organization has an obligation to deal fairly with staff who occupy an abolished position which ordinarily extends to finding, if they exist, other positions within the organization for which those staff have the experience and qualifications. This last proposition is qualified by matters referred to in consideration 16 of Judgment 3908. The fourth proposition is that it is not the Tribunal’s role to actually assess whether a staff member whose position has been abolished was suitable for another position to which they might have been reassigned. Rather, it is to ascertain whether any or adequate consideration was given to the fact that the complainant was then a member of staff whose post had been abolished and was facing the termination of her or his employment.
Reference(s)
ILOAT Judgment(s): 3908, 4036
Keywords:
abolition of post; organisation's duties; reassignment;
Judgment keywords
Keywords:
abolition of post; complaint allowed; termination of employment;
Judgment 4079
127th Session, 2019
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The UPU filed an application for interpretation and review of Judgment 3930 and the complainant in that case filed an application for execution of that judgment.
Judgment keywords
Keywords:
abolition of post; application filed by the organisation; application for execution; application for interpretation; application for review; complaint allowed; permanent appointment; termination of employment;
Judgment 4078
127th Session, 2019
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The UPU filed an application for interpretation and review of Judgment 3929 and the complainant in that case filed an application for execution of that judgment.
Judgment keywords
Keywords:
abolition of post; application filed by the organisation; application for execution; application for interpretation; application for review; complaint allowed; fixed-term; termination of employment;
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