Judgment 1231
74th Session, 1993
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
The complainant seeks the quashing of a decision to dismiss him following the abolition of his post. The only grounds given for his dismissal are "just a broad allusion to the organization's 'service requirements' or 'interests'. Such terms are meaningless unless there is a fuller explanation enabling the staff member and, if need be, the Tribunal to grasp the actual reasons, especially where the outcome is as drastic as abolition of post and dismissal."
Keywords:
abolition of post; decision; duty to substantiate decision; judicial review; organisation's duties; organisation's interest; purport; staff member's interest; termination of employment;
Consideration 26
Extract:
As the Tribunal has often held "there must be objective grounds for abolition, which must not be used as a pretext for dislodging undesirable staff: see Judgments 334 [...], under 5; 523 [...], under 5; 756 [...], under 2; and 807 [...], under 16 and 17."
Reference(s)
ILOAT Judgment(s): 334, 523, 756, 807
Keywords:
abolition of post; abuse of power; case law; misuse of authority; organisation's duties; purpose; termination of employment;
Considerations 31 to 33
Extract:
A new post to which the complainant had been assigned was then abolished. The facts "lend weight to the complainant's view that 'shunting' him - as he puts it - into an empty administrative post was just a start to removing him. What bears out the foregoing is that apart from the broad allusion to 'interests' the impugned decisions disclose no consistent idea of reform warranting the creation of the post [in question] in 1989 or the abolition of it in 1991. There is no discerning in what happened anything but a series of makeshift measures taken - at heavy cost to the organization's coffers - to dispose of the case of an official Interpol wanted to discharge in disregard of due forms and process. To that extent there is a parallel in law with a case the Tribunal deplored in Judgment 807 [...]."
Reference(s)
ILOAT Judgment(s): 807
Keywords:
abolition of post; abuse of power; case law; creation of post; judicial review; misuse of authority; organisation's interest; post held by the complainant; refusal to assign work;
Consideration 29
Extract:
The complainant requests the quashing of the organization's decision to terminate him and abolish his post. The Tribunal recalling - notably in Judgments 269 and 1207 - that it may exercise its power of review the conditions under which a post may be abolished and the subsequent consequences for the incumbent, determined that "the complainant's post was plainly created and abolished for no objective reasons, the sole purpose being to sort out the case of someone the organization was finding harder and harder to keep on because his presence had made for trouble."
Reference(s)
ILOAT Judgment(s): 269, 1207
Keywords:
abolition of post; abuse of power; case law; decision; misuse of authority; termination of employment; working relations;
Judgment 1193
73rd Session, 1992
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 to 12
Extract:
Under PAHO Staff Rule 1040 a career appointment can only be terminated after completion of the reduction-in-force procedure. The complainant submits that the notice of termination he got was premature inasmuch as the PAHO had not properly applied the reduction-in-force procedure. The Tribunal observes that "the Organization made no genuine effort to carry out the procedure properly and thereby to give the complainant the protection of the Staff Rules he was entitled to under the provisions on abolition of post." The Tribunal holds that "where a post is abolished compliance with the reduction-in-force procedure is a condition precedent to termination of the holder's appointment. Not being the outcome of a valid procedure, the notice of termination given to the complainant [...] was also invalid."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1040
Keywords:
abolition of post; due process; notice; post; procedure before the tribunal; staff reduction; staff regulations and rules; termination of employment;
Considerations 4-5
Extract:
The complainant submits that the abolition of his post was unlawful in that it was an abuse of authority: the whole exercise was just a trick to get rid of him as a punishment for his defence of the staff's rights and was therefore in breach of his right of association. He further submits that the decision was taken in disregard of essential facts: since the duties of his post continue to be performed there was no need to abolish it. "The complainant fails to show that the impugned decision [...] was ultra vires or otherwise unlawful. His challenge on this score is rejected."
Keywords:
abolition of post; freedom of association; staff union;
Judgment 1131
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Tribunal's "power of review is limited. It may not supplant an organisation's view with its own on such matters as a restructuring of posts or redeployment of staff intended to make savings or improve efficiency. Nor may it consider whether abolishing a post was the right thing to do. But it will interfere with any decision that was taken without authority [etc]".
Keywords:
abolition of post; budgetary reasons; competence of tribunal; discretion; judicial review; reorganisation;
Consideration 2
Extract:
In keeping with a resolution adopted by the General Conference in response to budgetary constraints UNESCO had to make staff cuts. "According to the definition of its competence in its Statute, the Tribunal will not review the policy followed by the Director-General in furtherance of the Conference's decision. It will, however, consider whether there was any flaw in the Director-General's exercise of his authority in an individual case."
Keywords:
abolition of post; budgetary reasons; competence of tribunal; decision; enforcement; executive head; general decision; individual decision; judicial review; legislative body;
Summary
Extract:
The Tribunal observes that UNESCO's decision to separate the complainant from service after it abolished his post was flawed by the Organization's failure to abide by the rules in Circular No. 1583. The report of the Joint Co-Operation Committee, which was to make a recommendation on the case, gives no evidence of any discussion of the administration's proposals concerning the complainant. What is more, the proposal to freeze his post did not come from the competent authority. A redeployment proposal was rejected without having been discussed or put to the Director-General as required by the circular. As the complainant is not seeking reinstatement, the Tribunal grants him redress for material injury in the amount of one year's full pay.
Keywords:
abolition of post; administrative instruction; advisory body; advisory opinion; competence; consultation; decision-maker; fixed-term; non-renewal of contract; organisation's duties; procedural flaw; reassignment; separation from service;
Judgment 1129
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"There will indeed be misuse of authority where an administration acts for reasons that are extraneous to the organisation's best interests and seeks some objective other than those which the authority vested in it is intended to serve." There is no evidence that the organization, which followed the prescribed procedure and did its utmost to find another post for the complainant, dismissed him for reasons other than those linked to the financial crisis it was facing.
Keywords:
abolition of post; abuse of power; budgetary reasons; definition; grounds; misuse of authority; organisation's interest; procedure before the tribunal; reassignment; termination of employment;
Consideration 6
Extract:
The complainant's post was abolished for reasons of financial stringency. According to Circular 1583 proposals to abolish a post must come from the competent Assistant Director-General. In this case the Assistant Director-General did not specifically name the complainant's post. He merely abolished the division which the complainant headed. It being impossible for the Director's post to survive after abolition of a division to direct, the allegation of a procedural flaw fails.
Reference(s)
Organization rules reference: CIRCULAR NO. 1583
Keywords:
abolition of post; administrative instruction; budgetary reasons; competence; decision-maker; procedural flaw; procedure before the tribunal; termination of employment;
Judgment 1116
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant submits that the decision not to renew his appointment was tainted with breach of his right of defence since he failed to get a copy of a report concerning him by the Joint Disciplinary Committee. The Tribunal observes that such reports are confidential under Rule 110.2(e). "Besides, the report is immaterial, even in the present context, because the Committee recommended no disciplinary action and the stated reasons for termination were financial stringency and abolition of post."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 110.2(E)
Keywords:
abolition of post; advisory body; budgetary reasons; confidential evidence; contract; disclosure of evidence; fixed-term; lack of injury; non-renewal of contract; report; right to reply;
Considerations 6-7, Summary
Extract:
The complainant argues that his post was not abolished for reasons of financial stringency. What he alleges prompted his dismissal was a desire to get rid of him, and that led to abuse of authority. He cites as evidence of this UNESCO's extension of his appointments over a five-year span for only very short periods. The Tribunal finds no evidence of liability on UNESCO's part: the organization did its utmost to seek other employment for him.
Keywords:
abolition of post; abuse of power; budgetary reasons; lack of evidence; misuse of authority; reassignment; successive contracts; termination of employment;
Judgment 1082
70th Session, 1991
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"By virtue of their contractual relationship and the trust that therefore prevails between them, an organisation owes its employee a duty to declare its intention of dismissing him and to let him plead his case. The principle is asserted in Judgment 907 [...] under 4. Although the complainant presumably knew of the CIPEC's plight and the need for reform she was never told of the intention of dismissing her."
Reference(s)
ILOAT Judgment(s): 907
Keywords:
abolition of post; budgetary reasons; duty to inform; flaw; organisation's duties; right to reply; termination of employment;
Judgment 1045
69th Session, 1990
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Rule 1050.2 provides: 'When a post of indefinite duration, which is filled, is abolished, a reduction in force shall take place, in accordance with procedures established by the Director'. The procedures are set out in detail in the Manual of the WHO, and it is clear that the rules preclude the termination of an appointment until the reduction-in-force procedure has been completed. The notice [given to her] was therefore invalid, and in keeping with the reasoning in Judgment 469 the complainant's contract is renewed by implication and remains in force. She is entitled to payment of the salary and allowances due under her contract less any indemnity of earnings she may have received in the meantime."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.2
ILOAT Judgment(s): 469
Keywords:
abolition of post; amount; consequence; contract; enforcement; extension of contract; fixed-term; material damages; permanent appointment; post; procedure before the tribunal; staff reduction; termination of employment;
Judgment 1035
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's permanent post was abolished and he was appointed to a temporary one for a period of two years. Any post, whatever its duration or source of funding, may be abolished because of a change of programme. Besides, the organisation had assured him that his post description, status and conditions of service would be the same as before. Under the circumstances the Tribunal finds that the decision has neither infringed his contractual rights nor otherwise affected him adversely.
Keywords:
abolition of post; budgetary reasons; contract; fixed-term; lack of injury; permanent appointment; post; terms of appointment; transfer;
Judgment 1026
69th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's appointment was terminated upon the abolition of his post. The organization offered him 5000 United States dollars in compensation for the delay in dealing with the case. The Tribunal holds that this "does not measure up to the degree of moral and material injury [the organization] has caused the complainant, whose health has grown much worse since termination. The Tribunal believes that more reasonable awards would be $8,000 in damages and $2,000 towards costs."
Keywords:
abolition of post; administrative delay; amount; costs; internal appeal; internal appeals body; moral injury; terminal entitlements; termination of employment;
Judgment 974
66th Session, 1989
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the absence of a specific provision in the Rules, the Tribunal holds that, for the reasons it stated in Judgments 470 [...] and 891 [...], the right to the application of the reduction-in-force procedure arises on the abolition of a post of indefinite duration even though the official may have only a fixed-term appointment."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 891
Keywords:
abolition of post; contract; duration of appointment; fixed-term; no provision; non-renewal of contract; permanent appointment; post; procedure before the tribunal; right; staff reduction;
Judgment 954
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"WHO Staff Rule 1050.1 allows termination of a staff member's temporary appointment before the date of expiry if the post he is on is abolished. Although the Director-General has discretion in deciding whether to do away with a post his decision is subject to review: the Tribunal will quash it if there has been breach of some procedural or formal rule [etc]".
Reference(s)
Organization rules reference: WHO STAFF RULE 1050.1
Keywords:
abolition of post; contract; discretion; fixed-term; judicial review; termination of employment;
Consideration 7
Extract:
The Tribunal "holds that the abolition of his post and the termination of his appointment [...] were needed in the organization's interests and did not amount to any abuse of authority."
Keywords:
abolition of post; abuse of power; misuse of authority; organisation's interest; termination of employment;
Judgment 946
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"There is no award of moral damages. Since the organization was applying a policy of staff retrenchment required by financial constraints, the non-renewal cannot be deemed to have harmed the complainant's professional reputation. Nor indeed does he offer any evidence of moral injury."
Keywords:
abolition of post; contract; evidence; fixed-term; lack of evidence; moral injury; non-renewal of contract; professional injury;
Consideration 9
Extract:
"The need for savings affords no proper excuse for breach of the principles that protect the staff against arbitrary decision-making."
Keywords:
abolition of post; budgetary reasons; contract; discretion; fixed-term; limits; non-renewal of contract;
Judgment 903
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Since the complainant was informed of the decision more than ninety days before filing, his complaint was not lodged within the time limit in Article VII(2) of the Statute and is not receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
abolition of post; complaint; date of notification; decision; receivability of the complaint; termination of employment; time bar;
Judgment 896
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"When his post is abolished someone with a fixed-term appointment is ordinarily entitled to fair compensation or other redress. 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, record of service and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."
Keywords:
abolition of post; amount; compensation; contract; elements; fixed-term; organisation's duties; terminal entitlements; termination of employment;
Judgment 893
64th Session, 1988
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant's post was abolished. After remaining unemployed for nine months, he accepted the organization's offer of reinstatement on condition that it be at a lower grade level. The Tribunal holds that "the complainant has indeed waived his right of appeal by accepting the director's offer."
Keywords:
abolition of post; acceptance; contract; downgrading; offer; reassignment; waiver of right of appeal;
Judgment 891
64th Session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's post was abolished. The Tribunal held that, though given a limited-duration contract, the complainant held a post of indefinite duration which entitled him, under the material rules, to application of the reduction-in-force procedure.
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF WHO STAFF RULES
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; procedure before the tribunal; right; staff reduction; termination of employment;
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;
Consideration 4
Extract:
"That an appointment still has time to run does not preclude abolition under [...] Staff Regulations."
Keywords:
abolition of post; contract; fixed-term; termination of employment;
Judgment 807
61st Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The sole and obvious purpose [of the impugned decisions] was to get rid of someone whose work was, in the administration's view, no longer satisfactory and whose presence was disrupting the section. The dismissal is therefore tainted with abuse of authority and the decisions challenged must be set aside."
Keywords:
abolition of post; abuse of power; conduct; grounds; misuse of authority; termination of employment; unsatisfactory service; working relations;
Judgment 756
59th Session, 1986
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The abolition was in fact just an expedient hurriedly found to put an end to the complainant's employment. That that is so is plain from evidence that shows the secretarial duties she had been performing were assigned to two others immediately after she left. Contrary to the telex sent to her on 21 August 1984 and informing her of the decision of 15 August, which said that her post was no longer considered necessary, in fact it was. the Tribunal accordingly holds that a mistaken and wrongful procedure was followed to end her contract and that the measure was therefore unlawful." The Tribunal orders the organization to reinstate the complainant.
Keywords:
abolition of post; abuse of power; contract; fixed-term; misuse of authority; reinstatement; termination of employment;
Consideration 4
Extract:
"Failing [...] reinstatement the complainant is entitled to be paid for the period during which she has not worked compensation equivalent to the sums she would have been paid if reinstated, the purpose being to safeguard the right to reinstatement."
Keywords:
abolition of post; amount; material damages; reinstatement; subsidiary;
Judgment 651
55th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant maintains that the organization denied him the priority he was entitled to under the reduction-in-force procedure in the Staff Rules. He refers to the existence of five posts, "but he fails to establish that he was qualified for any of them or better qualified than the incumbents. In other words, he has not shown that the conditions for granting him the priority he claims were fulfilled."
Keywords:
abolition of post; condition; priority; qualifications; reassignment; termination of employment; vacancy;
Consideration 5
Extract:
The organization "terminated [the complainant] and it did not provide for replacing him: it abolished his post."
Keywords:
abolition of post; condition; definition;
