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Termination of employment (389, 390, 391, 393, 395, 396, 398, 843,-666)

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Keywords: Termination of employment
Total judgments found: 360

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  • Judgment 4415


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to impose upon him the disciplinary measure of dismissal for misconduct.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; disciplinary measure; health reasons; medical grounds; misconduct; termination of employment;



  • 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 complainantís 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;



  • 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 complainantís 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 4400


    131st Session, 2021
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the International Labour Office, impugns the decisions of the Director-General to issue a reprimand against him, to revoke his appointment as a Director, to appoint another person to that post and, finally, to discharge him with notice.

    Judgment keywords

    Keywords:

    complaint dismissed; criminal sanction; disciplinary measure; private life; 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.

    Judgment keywords

    Keywords:

    abolition of post; complaint allowed; redeployment; termination of employment;



  • Judgment 4364


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to impose on him the disciplinary measure of dismissal for misconduct.

    Judgment keywords

    Keywords:

    complaint dismissed; misconduct; termination of employment;



  • Judgment 4362


    131st Session, 2021
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her summary dismissal for serious misconduct.

    Consideration 18

    Extract:

    Any breach of confidentiality by staff of an international court is an extremely serious matter. But there will be cases where the breach is grave and undoubtedly warrants summary dismissal and others where that outcome is not so obviously justified. It is possible that, had the matter been approached properly by the ICC, a decision would have been made not to dismiss the complainant. Equally a decision might have been made to dismiss her.

    Keywords:

    breach of confidentiality; termination of employment;



  • Judgment 4360


    131st Session, 2021
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her summary dismissal for serious misconduct.

    Consideration 20

    Extract:

    Ordinarily, when a decision to dismiss a staff member is legally flawed, it is set aside and the Tribunal considers, in appropriate circumstances, whether the complainant should be reinstated and the financial consequences on the complainant of the unlawful decision.

    Keywords:

    decision quashed; reinstatement; termination of employment;



  • Judgment 4351


    131st Session, 2021
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her dismissal from service for misconduct.

    Judgment keywords

    Keywords:

    complaint dismissed; misconduct; termination of employment;



  • Judgment 4321


    130th Session, 2020
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-renewal of her fixed-term contract.

    Consideration 8

    Extract:

    [T]he complainantís assertion the EPO breached its duty of care owed to her is unsubstantiated. The complainant was given six monthsí notice of the termination of her contract; the termination of the contract occurred at the contractually agreed time, as stated in her last extension; and the complainant received valid reasons for the decision.

    Keywords:

    grounds; termination of employment;



  • Judgment 4310


    130th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to apply the sanction of summary dismissal to him.

    Consideration 13

    Extract:

    The complainant seeks reinstatement at the ILO. As a rule, an official dismissed on disciplinary grounds whose dismissal is set aside is entitled to be reinstated. However, the Tribunal may refuse to make such an order if reinstatement is no longer possible or if it is inappropriate. According to the Tribunalís case law, reinstatement is inadvisable when an employer has valid reasons for losing confidence in an employee (see, in particular, Judgments 1238, under 4, and 3364, under 27) [...].

    Reference(s)

    ILOAT Judgment(s): 1238, 3364

    Keywords:

    disciplinary measure; reinstatement; termination of employment;



  • Judgment 4308


    130th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him for misconduct.

    Judgment keywords

    Keywords:

    complaint dismissed; misconduct; termination of employment;

    Consideration 18

    Extract:

    As the Tribunal said in Judgment 3640, consideration 29, ď[t]he disciplinary authority within an international organisation has a discretion to choose the disciplinary measure imposed on an official for misconduct. However, its decision must always respect the principle of proportionality which applies in this area.Ē The disciplinary measure of dismissal was not disproportionate, particularly having regard to the complainantís alteration of the email of Ms D. This was a manifestation of dishonesty and fraud and it was open to WHO, as the disciplinary authority with a power to decide the disciplinary measure, to view the totality of the complainantís conduct as misconduct warranting dismissal.

    Reference(s)

    ILOAT Judgment(s): 3640

    Keywords:

    disciplinary measure; proportionality; termination of employment;



  • Judgment 4247


    129th Session, 2020
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her dismissal from service for serious misconduct.

    Judgment keywords

    Keywords:

    complaint dismissed; misconduct; termination of employment;



  • Judgment 4245


    129th Session, 2020
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her employment for reasons of health.

    Judgment keywords

    Keywords:

    complaint dismissed; health reasons; termination of employment;



  • Judgment 4234


    129th Session, 2020
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; termination of employment;



  • Judgment 4227


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him for misconduct.

    Judgment keywords

    Keywords:

    complaint dismissed; disciplinary procedure; misconduct; termination of employment;



  • 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 17

    Extract:

    [A]lthough the complainant must have known that the Secretary General was not satisfied with his performance, he was not given the necessary time to remedy this situation. To underline this point, it suffices to recall that the decision to end the complainantís appointment was taken on 25 April 2013, that he was notified of it Ė according to his uncontested account Ė on 30 April and that it took effect on 1 May, whereas the complainant had taken up his duties just a few weeks previously on 1 March 2013, and his probation period was due to end on 30 June. The complainant thus had very little time to prove his worth and, above all, was given no opportunity to take appropriate action in response to the criticisms directed at him. This is made still clearer by the emails submitted by the Organisation showing that the Secretary Generalís criticisms of the complainant were, for the most part, not made until the fortnight immediately preceding the decision of 25 April. The fact is that when the complainant received the decision, he was presented with a fait accompli, which blatantly contradicts the requirement laid down in the case law that in such a situation a staff member must be granted sufficient time to enable him to improve his performance.

    Keywords:

    duty of care; duty to inform; probationary period; termination of employment;



  • 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 4177


    128th Session, 2019
    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 fixed-term appointment for health reasons.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; fixed-term; health reasons; termination of employment;



  • Judgment 4176


    128th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment following the abolition of his post and the unsuccessful redeployment process.

    Judgment keywords

    Keywords:

    complaint allowed; health reasons; redeployment; termination of employment;

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Last updated: 23.09.2021 ^ top