Termination of employment (389, 390, 391, 393, 395, 396, 398, 843, 969,-666)
You searched for:
Keywords: Termination of employment
Total judgments found: 377
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 | next >
Judgment 172
26th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, who was dismissed without inquiry on the basis of unsupported allegations, is entitled to "a sum in respect of the disturbance of his living conditions and family life which the [Director-General] unlawfully caused him and in respect of the moral injury which he suffered on account of the unjust charges brought against him. Considering that he obtained equivalent employment fairly soon, the injury will be fairly assessed by awarding compensation amounting to 15,000 French francs."
Keywords:
amount; contract; fixed-term; injury; inquiry; investigation; lack of evidence; material damages; moral injury; termination of employment;
Judgment 170
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Since they constitute serious misconduct within the meaning of [the applicable provision], the misappropriations attributed to the complainant justify his dismissal in accordance with that provision."
Keywords:
conduct; serious misconduct; termination of employment;
Judgment 169
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[B]ecause of its tone as well as its content the complainant's correspondence shows a mentality incompatible with the performance of the duties of an international official. In terminating his appointment the Director-General therefore neither misinterpreted the facts brought to his attention nor drew clearly mistaken conclusions." It is irrelevant that the complainant's services were described as satisfactory; "it is not his professional competence but his character which is at issue."
Keywords:
conduct; fitness for international civil service; probationary period; satisfactory service; termination of employment;
Consideration 1
Extract:
Under the applicable provision, "the Director-General is entitled to terminate at any time the appointment of an official serving a probationary period if in his opinion such action would be in the interests of the organization. Such a decision falls within his discretion".
Keywords:
discretion; judicial review; organisation's interest; probationary period; termination of employment;
Judgment 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The procedure laid down for the purpose of enabling an official to defend himself against the charges against him [written notification of charges, time limit for reply] is inappropriate once the person concerned has admitted those charges. The safeguard provided by [the rule] has become pointless in the present case, since the complainant has admitted his misconduct in statements which the Tribunal has found to be true."
Keywords:
adversarial proceedings; due process; evidence; misconduct; purpose; right to reply; safeguard; termination of employment;
Consideration 3
Extract:
"[I]t is unnecessary to consider whether the complainant underwent the medical examination provided for by [the Staff Rule], since this formality is merely a consequence of dismissal and not a condition of its validity. In any event the provisions concerning sickness leave were no impediment to dismissal, since [the applicable provision] provides that the right to sickness leave expires on the expiry of the contract."
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
Judgment 161
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;
Consideration 4
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
Judgment 159
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
Judgment 154
23rd Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(B)
Extract:
"[T]he sanction of discharge cannot be regarded as being out of proportion to the complainant's dereliction of duty. As the complainant had clearly shown that he did not intend to comply with the instructions concerning his transfer which it was his duty to obey, the organisation was not obliged to make use of his services [in the country in question], where his presence might be prejudicial to the organisation's work, nor in any other place since he refused to move from [the country]."
Keywords:
contract; fixed-term; refusal; termination of employment; transfer;
Judgment 152
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on Termination
Extract:
"[E]ven disregarding [the Organization's] standards which for the purposes of evaluation can be taken into consideration only as one factor among others, [...] due allowance being made for the difficulty of the work and circumstances in which it was performed, [the complainant] did not produce the [...] output of translation which could be reasonably expected of him, and after being warned [...] did not improve his output. It is clear that unsatisfactory output is an important factor in unsatisfactory performance."
Keywords:
output; probationary period; qualifications; termination of employment; unsatisfactory service; work appraisal;
Consideration on Termination
Extract:
The complainant "was not informed of the Organization's intention to terminate his service nor invited to state his views. It is clear, however, that before the Appeals Committee the complainant was duly informed of the reasons for his termination and that he had an opportunity to discuss them. Accordingly, in the special circumstances of the case, he could not validly allege any violation of the right to a hearing."
Keywords:
grounds; probationary period; right to reply; termination of employment; unsatisfactory service;
Consideration on Termination
Extract:
"The Tribunal is competent to review any decision of the Director-General to terminate the appointment of a staff member during or on the expiry of the probationary period if it is taken without authority, is in irregular form or tainted by procedural irregularities, or is taken on illegal grounds or based on incorrect facts, or if essential facts have not been taken into consideration or where there has been a misuse of authority, or if conclusions which are clearly false have been drawn from the documents in the dossier [...]."
Keywords:
judicial review; probationary period; termination of employment;
Consideration on Termination
Extract:
"The Tribunal is competent to review any decision of the Director-General to terminate the appointment of a staff member during or on the expiry of the probationary period [...] The Tribunal may not substitute its own judgment for that of the Director-General concerning the work or conduct of the person concerned or his qualifications for employment as an international officer."
Keywords:
discretion; judicial review; probationary period; qualifications; termination of employment; unsatisfactory service; work appraisal;
Judgment 146
23rd Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
After the complaint was lodged with the Tribunal, the Director-General reversed his decision to terminate the complainant's appointment and transferred him to headquarters until the date of expiry of his contract. "By this decision the Director-General over-ruled the impugned decision to terminate [his] appointment." The complainant has therefore lost his cause of action and the Tribunal need not entertain it.
Keywords:
case pending; cause of action; contract; fixed-term; no cause of action; settlement out of court; termination of employment; transfer;
Judgment 140
22nd Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's services were terminated at the end of the probationary period. He alleges that the Director-General based his decision on information received directly or indirectly from his superior, whom he accuses of bias. "Consequently the question at issue is whether the Director-General misinterpreted the facts or drew false conclusions from them."
Keywords:
bias; mistaken conclusion; probationary period; supervisor; termination of employment;
Consideration 2
Extract:
Under the applicable provision, "a staff member may be separated during or at the end of his probationary period if it is clear that after a fair trial he does not perform satisfactorily the duties of the post to which he is assigned. The decisions taken under this provision lie within the Director-General's discretion."
Keywords:
discretion; probationary period; termination of employment; work appraisal;
Judgment 139
22nd Session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Under the Staff Rules, the Director-General must endeavour to find another post for an official whose post has been abolished. "[T]he official who has worked for many years for the organization to its full satisfaction is absolutely entitled to fill a post suitable to his abilities and grade in preference to any other candidate."
Keywords:
abolition of post; contract; organisation's duties; permanent appointment; priority; reassignment; termination of employment;
Judgment 133
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant fulfilled the duties assigned to him in an exemplary manner over a period of 15 years. "He is now approaching 50, and would find it all the more difficult to secure employment outside the organization inasmuch as he has been engaged on specialised duties which have no counterpart in most national administrations or private organizations. He was therefore entitled to the treatment accorded to deserving former staff members, that is to say, he could claim appointment to any vacant post for which he was qualified, with priority over all other candidates."
Keywords:
abolition of post; priority; reassignment; satisfactory service; termination of employment;
Consideration 3
Extract:
"[A]s an organisational act the decision to deprive a staff member of his post lies within the Director-General's discretion and can be reviewed by the Tribunal only if it is in irregular form or tainted by procedural irregularity, or tainted by illegality or based on incorrect facts, or if essential facts have not been taken into consideration or conclusions which are clearly false have been drawn from the documents in the dossier. This is the case whenever such an act is taken for the sole purpose of removing a staff member for whose termination no other statutory reason can be found."
Keywords:
abolition of post; abuse of power; discretion; judicial review; misuse of authority; organisation's interest; termination of employment;
Consideration 5
Extract:
"The evidence produced does not establish that the organization fulfilled all its obligations in the matter." On three occasions account was taken of the complainant's candidature in respect of vacant posts. "Nevertheless, on each of these occasions, instead of simply considering the complainant's qualifications and appointing him to a post that he was capable of filling, the organization assessed the merits of the various applicants and thus followed the normal procedure. In so doing it complied with the letter of the Regulations, but it did not take account of the general principle* derived from [the applicable provision]". *Preference should be extended to deserving former staff members.
Keywords:
abolition of post; contract; fixed-term; material damages; organisation's duties; priority; reassignment; subsidiary; termination of employment; vacancy;
Judgment 127
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's appointment was terminated and his post abolished. "[T]he organization has an obligation to the complainant because of the fact which was not taken into account, namely the intervention with the [national] authorities by the senior technical adviser, without good reason, in the exercise of his official duties. As a result, the complainant has suffered both material and moral injury [...] taking account of [...] in particular [...] the fact that the organization was in ignorance through no fault of its own, the organization should pay the complainant compensation".
Keywords:
abolition of post; consultation; contract; disregard of essential fact; fixed-term; injury; liability; material injury; member state; moral injury; organisation; termination of employment;
Consideration 7
Extract:
The technical adviser to the national authorities expressed views concerning the complainant which were, to say the least, lacking in impartiality; he implicitly recognised that he induced the national authorities, without good reason, to take steps which led to the complainant's dismissal before the termination of his contract. The organization did not take account of this essential fact, but it cannot be blamed for not being aware of these circumstances. The complainant is entitled to compensation.
Keywords:
abolition of post; bias; consultation; contract; disregard of essential fact; fixed-term; material damages; member state; termination of employment;
Judgment 126
20th Session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Under the applicable provision "the Director-General clearly has discretionary power to determine whether the continued employment of a staff member is contrary to the interests of the organization or not; it follows that any decision taken under [the applicable provision] does not come within the Tribunal's power of review unless" [...]; the Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his suitability for international service.
Keywords:
discretion; fitness for international civil service; judicial review; organisation's interest; qualifications; termination of employment; work appraisal;
Consideration 9
Extract:
"[H]aving recognised by decision of 22 March [...] which has become final as a result of this judgment of today's date, the need to transfer complainant to a different post, and having found it impossible to find another post acceptable to her, the Director-General was lawfully entitled to consider, after consulting the persons referred to [in the applicable provision], that the complainant's retention in the service of [the organization] was contrary to the interests of the organization."
Keywords:
health reasons; organisation; organisation's interest; refusal; request for transfer; termination of employment; termination of employment for health reasons;
Consideration 1
Extract:
The organization contends that the present complaint has become irrelevant because of the termination of the complainant's employment after the filing of the complaint. "But the legality of the decision to terminate, which is also attacked in a complaint before the Administrative Tribunal, depends on the disposal of the present complaint. Moreover, if the present complaint were held to be well founded, the complainant could claim damages even if her complaint concerning termination were to be dismissed."
Keywords:
cause of action; competence of tribunal; complaint; judicial review; receivability of the complaint; separation from service; termination of employment;
Judgment 112
18th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[T]he Tribunal is competent to review any decision of the Director-General terminating the appointment of an official during the probationary period, if it is taken without authority, is in irregular form or tainted by procedural irregularities, or if it is tainted by illegality or based on incorrect facts, or if essential facts have not been taken into consideration, or again, if conclusions which are clearly false have been drawn from the [evidence]."
Keywords:
judicial review; probationary period; termination of employment;
Consideration 8
Extract:
Even if the complainant's illness had arisen from his employment, it "would still not be due to complainant's working conditions, i.e. a state of affairs for which the organization was responsible. On the contrary, it would be the result of measures taken in respect of complainant as a consequence of his own work which the Director-General was justified in considering unsatisfactory. In other words, it would be attributable to the failings of the complainant himself, and he alone would therefore have to bear the consequences of the damage to his health."
Keywords:
cause; condition; definition; illness; service-incurred; termination of employment;
Consideration 4
Extract:
The criticisms addressed to the complainant, "even if they were not frequent [...] were nonetheless such as to make him aware of the failings of which he is accused." The absence of warning prior to communication of the unfavourable report is not a material fact in the matter at issue.
Keywords:
probation report; probationary period; termination of employment; unsatisfactory service; warning;
Consideration 4
Extract:
"[T]he degree of success attained by the complainant in the competitions in which he took part is immaterial, his actual work during his probationary period being the only material factor." Failure to take account of the results of competitions is not a material fact in the matter at issue.
Keywords:
competition; probationary period; termination of employment; unsatisfactory service;
Judgment 109
17th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision impugned was taken on the basis, in particular, of the reports of her two [...] chiefs; these reports deal with specific points which are not invalidated by any of the evidence in the dossier. From these facts as a whole the [...] Director [...] could conclude that complainant's service was unsatisfactory, without exceeding his discretion. However, his decision was taken only after he had personally heard [the complainant], who was given the opportunity of fully defending her views."
Keywords:
discretion; probation report; probationary period; right to reply; termination of employment; unsatisfactory service;
Consideration 3
Extract:
"While the Tribunal is competent to review any decision of the Director-General terminating the appointment of an official during the probationary period [...], the Tribunal may not, however, substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his or her suitability for international service."
Keywords:
competence of tribunal; discretion; judicial review; probationary period; qualifications; termination of employment;
Judgment 96
16th Session, 1966
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant's behaviour, in which he persisted over a period of several years in spite of warnings from the organisation and from the Tribunal, showed repeated infringements by him [...] of the Staff Regulations and was of a nature to throw public discredit on the organisation; it thus constituted serious misconduct under which [the applicable provision] was such as legally to justify his summary dismissal without notice."
Keywords:
conduct; organisation's reputation; serious misconduct; staff member's duties; summary dismissal; termination of employment; vexatious complaint; warning;
Consideration 3
Extract:
The complainant's submission that the President of the Tribunal should make an order to authorise him to communicate the dossier of his dismissal to the government does not fall within the competence of either the President or the Tribunal.
Keywords:
competence of tribunal; member state; termination of employment;
Judgment 94
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"By Judgment No. 90 [...] the Tribunal quashed the decision [...] dismissing [the complainant], thereby finding that his reinstatement was possible and not inadvisable; this judgment, which disposes of the issues raised is final, and the organization cannot reopen these issues." [The organization submitted that it had been unable to make its objections to reinstatement in time and that such reinstatement was moreover impossible; it asked the Tribunal to award compensation in lieu of reinstatement.]
Reference(s)
ILOAT Judgment(s): 90
Keywords:
decision quashed; execution of judgment; finality of judgment; judgment of the tribunal; material damages; reinstatement; res judicata; termination of employment;
Judgment 93
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In exceptional circumstances the Director-General must be able to dismiss an official whose services are satisfactory in the interest of the organization. "It is for the organization to satisfy the Tribunal that such extraordinary circumstances exist. If the organization satisfies the Tribunal of this, the power arises. It is then for the Director-General to decide whether in these circumstances the interests of the organization require the termination of an officer's appointment and the Tribunal will not interfere with that decision unless [...]".
Keywords:
burden of proof; discretion; evidence; judicial review; limits; organisation; organisation's interest; satisfactory service; termination of employment;
Consideration 3
Extract:
Clause (vi) of the material provision stipulates that the appointment may be terminated in the interests of the organization. "The power in clause (vi) cannot be read as an absolute power exercisable in all cases, but must be read subject to a condition limiting the type of case in which it can be exercised. The condition must be framed in the light of the fact that the power will normally be used in the case of a satisfactory officer, since an unsatisfactory officer can normally be dealt with [under clauses (i) to (v)]."
Keywords:
discretion; organisation's interest; termination of employment; unsatisfactory service;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 | next >
|
