Termination of employment (389, 390, 391, 393, 395, 396, 398, 843, 969,-666)
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Keywords: Termination of employment
Total judgments found: 377
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Judgment 3687
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns WHO’s decision to terminate her appointment for health reasons.
Judgment keywords
Keywords:
complaint dismissed; health reasons; termination of employment; termination of employment for health reasons;
Judgment 3678
122nd Session, 2016
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him at the end of his probation period.
Consideration 2
Extract:
It is true that there is no evidence in the file to show that the Organization formally notified the complainant during his probation period that there was an objective risk that his appointment would not be confirmed at the end of that period. However, it is clear from the end-probation period report of November 2013, which was forwarded to him and on which he in fact commented, that his supervisor considered that his performance fell short of the expected level. In addition [...], the complainant was informed on several occasions during his probation period that he was not achieving the objectives which had been set for him in his induction interview. In these circumstances, the complainant must have been aware that he ran a serious risk of not having his appointment confirmed at the end of his probation period.
Keywords:
judicial review; organisation's duties; probationary period; termination of employment; unsatisfactory service; work appraisal;
Judgment 3613
121st Session, 2016
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his employment for alleged unsatisfactory performance, the Global Fund’s refusal to retract a News Release published on the date of the termination of his employment, and the decision to maintain the News Release on the Fund’s website and its refusal to award compensation for excessive publication, defamation and continued breach of privacy.
Judgment keywords
Keywords:
breach; complaint allowed; decision quashed; termination of employment;
Judgment 3610
121st Session, 2016
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former employee of the Global Fund, challenges her separation agreement, alleging irregularities and abuse of authority.
Judgment keywords
Keywords:
abuse of power; complaint allowed; decision quashed; flaw; misuse of authority; termination of employment;
Judgment 3595
121st Session, 2016
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges both the decision to separate him from service and his non-selection for a post.
Judgment keywords
Keywords:
complaint allowed; selection procedure; termination of employment;
Judgment 3588
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of damages awarded by WHO following his internal appeal against the decision not to match him to a new position after the abolition of his post and to terminate his appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; reassignment; termination of employment;
Judgment 3577
121st Session, 2016
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the implied rejection of their claims of harassment, undue termination and professional illness.
Judgment keywords
Keywords:
complaint dismissed; harassment; illness; joinder; service-incurred; termination of employment;
Judgment 3575
121st Session, 2016
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on him the disciplinary measure of discharge from duty with due notice.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; notice; termination of employment;
Judgment 3574
121st Session, 2016
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his appointment for health reasons.
Judgment keywords
Keywords:
complaint allowed; health reasons; right to reply; termination of employment; termination of employment for health reasons;
Judgment 3486
120th Session, 2015
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment.
Judgment keywords
Keywords:
complaint dismissed; termination of employment;
Judgment 3482
120th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his contract with immediate effect during his trial period.
Judgment keywords
Keywords:
complaint allowed; decision quashed; duty of care; probationary period; respect for dignity; termination of employment;
Judgment 3481
120th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his contract with immediate effect during his trial period.
Judgment keywords
Keywords:
complaint allowed; decision quashed; due process; probationary period; termination of employment;
Judgment 3437
119th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the decision to terminate his contract following the CTA restructuring.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; reorganisation; termination of employment;
Judgment 3436
119th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of her post in the context of the CTA restructuring, the complainant successfully impugns the decision to terminate her appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; reorganisation; termination of employment;
Judgment 3432
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that the EPO breached its duty of care towards him and successfully impugns the decision to award him a compensation which he considers inadequate.
Judgment keywords
Keywords:
complaint allowed; probationary period; residence permit; termination of employment; work appraisal;
Judgment 3430
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that, in imposing the sanction of dismissal, the President of the EPO had not exceeded the bounds of her discretionary authority.
Judgment keywords
Keywords:
complaint dismissed; disciplinary procedure; misconduct; termination of employment;
Judgment 3402
119th Session, 2015
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the evidence established an intention to defraud on the part of the complainant and that the decision to dismiss him was not disproportionate, but it awarded damages because of the delay in the internal appeal procedure.
Judgment keywords
Keywords:
complaint allowed; fraud; termination of employment;
Consideration 10
Extract:
"The Tribunal accepts that the remedy of dismissal would not have been the only remedy available to the FAO. But the conduct of the complainant involved a serious transgression of a basic obligation of international civil servants to behave honestly in their dealings with their employer."
Keywords:
fitness for international civil service; staff member's duties; termination of employment;
Judgment 3364
118th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns on the grounds of a procedural flaw the decision to maintain his dismissal for misconduct.
Consideration 27
Extract:
"The complainant is seeking reinstatement in WHO. However, in the circumstances of the case there are no grounds for ordering this. According to the Tribunal’s case law, reinstatement is inadvisable when an employer has valid reasons for losing confidence in an employee (see Judgment 2034, under 11), as is the case here. [I]t is clear that the complainant admits having breached his duty of confidentiality, and whatever the reasons he gives in an attempt to justify having done so, this itself undermines the necessary relationship of trust between a staff member and the Organization."
Reference(s)
ILOAT Judgment(s): 2034
Keywords:
disciplinary measure; reinstatement; staff member's duties; termination of employment;
Judgment keywords
Keywords:
complaint allowed; disciplinary procedure; misconduct; termination of employment;
Judgment 3348
118th Session, 2014
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the decision to summarily dismiss him for misconduct (fraud).
Judgment keywords
Keywords:
complaint allowed; decision quashed; misconduct; termination of employment;
Judgment 3297
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant was dismissed for misconduct following a disciplinary investigation, which found that he had forged and falsified documents.
Consideration 8
Extract:
"The Tribunal is of the opinion that the evidence presented by the EPO, taken altogether, cannot be ignored. “Those circumstances point convincingly to guilt and there is no credible innocent explanation for them. Further, the explanation offered by the complainant is implausible to a degree and is simply incompatible with the circumstances put in evidence by the Organization” (see Judgment 2231, under 5). [...] “The Tribunal will not require absolute proof, which is almost impossible to provide on such a matter. It will dismiss the complaint if there is a set of precise and concurring presumptions of the complainant’s guilt” (see Judgment 1384, under 10)."
Reference(s)
ILOAT Judgment(s): 1384, 2231
Keywords:
burden of proof; misconduct; termination of employment;
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; evidence; termination of employment;
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