Leave with pay (865,-666)

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Keywords: Leave with pay
Total judgments found: 3

• Judgment 5152

  
  141st Session, 2026
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks a review of the measures taken following the Organization’s acknowledgment of the violation of its duty of care towards him and asks that it be ordered to publish a press release to clear his reputation and to pay him additional amounts in moral damages and legal “fees”.

  Consideration 8

  Extract:

  The Tribunal cannot, however, accept the complainant’s fourth and last argument that UNAIDS violated its duty of care by placing him on special leave with full pay or that the subsequent extensions thereof were invalid. Pursuant to Staff Rule 650.2, the Executive Director had the authority to place a staff member on special leave with full pay if he considered that it was in the interest of the Organization to do so. There were no other criteria in the applicable provisions limiting the exercise of this discretion by the Executive Director. To suggest that the Executive Director should have given priority, at that time, to the complainant’s interests and the protection of his reputation over those of the Organization would invite the Tribunal to second-guess what was otherwise a reasonable exercise of discretion by the executive head of the Organization faced with the situation that he then had to manage.

  Keywords:

  duty of care; investigation; leave with pay; organisation's interest; organisation's reputation; staff member's interest;
  

  
  
  

• Judgment 5018

  
  140th Session, 2025
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: La requérante conteste son placement d’office en congé.

  Judgment keywords

  Keywords:

  complaint allowed; leave with pay; special leave;
  

  
  
  

• Judgment 4231

  
  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 not to extend his fixed-term appointment and to place him on special leave with pay until his contract expired.

  Considerations 13-14

  Extract:

  [T]he Tribunal’s finding in consideration 7 of Judgment 3596 merely accepted that special leave pursuant to Staff Rule 302.5.21 is intended as a privilege for the benefit of staff members for the reasons stated in that Rule “or for other important reasons”, which, in effect, must similarly be for the benefit of staff members by virtue of the ejusdem generis rule. Accordingly, in that case, as in the present case, the FAO committed an error of law and an abuse of authority when it used Staff Rule 302.5.21 unilaterally, for a purpose which was extraneous to the Rule, and in the manner in which it did.
  [T]he complainant’s plea that the FAO committed an error of law and an abuse of authority when it placed him on special leave with pay some six months prior to the expiration of his appointment is well founded. The impugned decision of 12 March 2018, as well as the decisions of 4 July 2014 and 1 December 2014, will be set aside insofar as they concern the placement of the complainant on special leave. The complainant will be awarded moral damages for the harm to his professional reputation and to his dignity that he states he has suffered as a result of the unlawfulness of the decisions.

  Reference(s)

  ILOAT Judgment(s): 3596
  

  Keywords:

  leave with pay; moral injury; respect for dignity; special leave;
  

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; fixed-term; leave with pay; non-renewal of contract;