Termination of employment (389, 390, 391, 393, 395, 396, 398, 843, 969,-666)
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Keywords: Termination of employment
Total judgments found: 387
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Judgment 5002
139th Session, 2025
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment following her refusal to accept two reassignment proposals.
Judgment keywords
Keywords:
complaint dismissed; reassignment; refusal; termination of employment; transfer;
Judgment 4935
139th Session, 2025
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decisions to abolish his position and terminate his appointment.
Consideration 10
Extract:
The central question […] is whether IOM gave the complainant the required notification of the abolition of his post and the termination of his appointment. [T]he Tribunal does not impose on international organizations a duty to provide staff members whose positions are abolished with the full set of internal documents used as a basis for such decision. Rather, the Tribunal requires an organization to give such staff members notice within the required time and sufficient reasons for the decision to abolish their post and for any subsequent decision, including the termination of their appointment. This is the expressed purport of Regulation 9.4. It also accords with the well-settled case law that an international organisation necessarily has power to restructure, and, in so doing, may abolish posts. As well, it accords with the case law stated, for example, in consideration 7 of Judgment 3234, that a decision to abolish a post must be communicated to the staff member occupying the post in a manner that safeguards that individual’s rights and that these rights are safeguarded by giving proper notice of the decision.
Reference(s)
ILOAT Judgment(s): 3234
Keywords:
abolition of post; duty of care; duty to substantiate decision; notice; notification; reorganisation; right of appeal; termination of employment;
Judgment keywords
Keywords:
abolition of post; complaint dismissed; duty of care; project personnel; reassignment; reorganisation; right of appeal; termination of employment;
Judgment 4930
139th Session, 2025
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to terminate his appointment at the end of his probationary period.
Judgment keywords
Keywords:
complaint allowed; probationary period; termination of employment; unsatisfactory service;
Judgment 4924
139th Session, 2025
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Le requérant conteste son licenciement pour motif disciplinaire.
Consideration 12
Extract:
[L]e Tribunal considère, en tout état de cause, qu’il n’y a pas lieu de procéder à cette réintégration eu égard, non seulement à l’écoulement du temps ainsi constaté depuis les faits, mais aussi à la circonstance que l’intéressé était employé dans le cadre d’un engagement de durée définie. Selon la jurisprudence du Tribunal, la réintégration d’un fonctionnaire titulaire d’un contrat de durée déterminée n’est en effet prononcée que dans des cas exceptionnels (voir notamment les jugements 4674, au considérant 23, et 4063, au considérant 11). Or, la présente affaire ne relève pas d’un tel cas exceptionnel.
Au surplus, il résulte également de la jurisprudence du Tribunal que la réintégration d’un fonctionnaire doit être regardée comme inopportune lorsque l’organisation qui l’employait a, pour des raisons valables, perdu confiance en lui (voir, par exemple, les jugements 4660, au considérant 20, 4310, au considérant 13, ou 3364, au considérant 27).
Reference(s)
ILOAT Judgment(s): 3364, 4063, 4310, 4660, 4674
Keywords:
reinstatement; termination of employment;
Consideration 16
Extract:
Le licenciement du requérant pour motif disciplinaire a par ailleurs causé à celui-ci un évident préjudice moral, en ce qu’il portait, par lui-même, atteinte à son honneur et à sa réputation professionnelle et ne pouvait manquer de provoquer chez lui un choc psychologique ainsi qu’un sentiment d’anxiété face à la perte de son emploi.
L’examen du dossier ne permet pas de tenir pour établi que, comme le soutient en outre l’intéressé à cet égard, son départ des locaux du Siège de l’UNESCO le jour de la notification de cette sanction et son bref retour ultérieur sur place en vue de la consultation de son dossier personnel et de son dossier médical se seraient déroulés dans des conditions attentatoires à sa dignité. Mais, s’il ne s’est donc pas trouvé aggravé par de telles circonstances, le préjudice moral ainsi occasionné par le licenciement contesté n’en appelle pas moins réparation.
Keywords:
moral injury; termination of employment;
Judgment keywords
Keywords:
complaint allowed; disciplinary procedure; termination of employment;
Judgment 4919
139th Session, 2025
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew her short-term contract, not to reclassify her position and to reduce her salary in December 2020.
Consideration 6
Extract:
The Tribunal notes that, although the Centre did not inform [the complainant] her three months in advance of the termination date as required by Regulation 9.1, she was paid the equivalent of three months’ salary. The Tribunal further notes that while Regulation 9.1.2 mandates three months’ advance notice in cases of premature termination when the Centre’s interests necessitate it, the provision also allows for an equivalent payment in lieu of notice when justified (Regulation 9.1.2(b)). As Regulation 9.1.2 anticipates the possibility of compensatory payment in lieu of notice under certain conditions, it was open to the Centre to resort to this possibility to provide the compensation in lieu of the three months’ advance notice for non-renewal of the complainant’s short-term contract.
Keywords:
notice; payment; termination of employment;
Judgment 4859
138th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss him for serious misconduct.
Judgment keywords
Keywords:
complaint dismissed; investigation; serious misconduct; termination of employment;
Judgment 4858
138th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss her for serious misconduct.
Judgment keywords
Keywords:
complaint dismissed; investigation; serious misconduct; termination of employment;
Judgment 4851
138th Session, 2024
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 at the end of the probationary period.
Judgment keywords
Keywords:
complaint dismissed; probationary period; termination of employment;
Judgment 4845
138th Session, 2024
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment following the suppression of his post.
Judgment keywords
Keywords:
complaint allowed; termination of employment;
Consideration 4
Extract:
In [...] Judgment 4844, the Tribunal set aside the decision of the Director of Human Resources Management [...] suppressing the complainant’s post and the decision of the Secretary General [...] confirming that earlier decision at the end of the internal appeal procedure. As a consequence of that setting aside, the decision [...] terminating the complainant’s appointment on the grounds that it had not been possible to reassign him and the Secretary General’s decision [...], both taken on the basis of the decision to suppress his post, were also rendered unlawful.
Reference(s)
ILOAT Judgment(s): 4844
Keywords:
abolition of post; termination of employment;
Judgment 4844
138th Session, 2024
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to suppress his post.
Considerations 6 and 8
Extract:
Interpol maintains that the distinction between the decision to suppress the post and the subsequent decision to terminate the appointment following this suppression is artificial. [...] Those are two separate decisions, one of which does not necessarily lead to the other, and which, in principle, do not take place simultaneously.
[...]
To the extent that the decision to suppress the post did not, in itself, bring about the termination of appointment, the Tribunal will not award material damages for that setting aside.
Keywords:
abolition of post; termination of employment;
Judgment 4770
137th Session, 2024
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 measure; termination of employment;
Judgment 4762
137th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to dismiss him for misconduct.
Judgment keywords
Keywords:
complaint allowed; misconduct; motivation of final decision; termination of employment;
Judgment 4750
137th Session, 2024
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment for unauthorised absence and abandonment of post.
Judgment keywords
Keywords:
abandonment of post; complaint dismissed; termination of employment;
Judgment 4749
137th Session, 2024
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his appointment with compensation in lieu of notice.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; disciplinary procedure; termination of employment;
Judgment 4748
137th Session, 2024
International Olive Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment at the end of his probationary period.
Judgment keywords
Keywords:
complaint allowed; performance evaluation; probationary period; termination of employment;
Consideration 12
Extract:
[I]n the present case, there is no evidence that the complainant was warned, during the probationary period, of the alleged flaws in his performance, which would have given him an opportunity to improve or to take steps to remedy the deficiencies. In its pleadings before the Tribunal, the IOC extensively referenced specific incidents in order to justify the negative appraisal, yet these were not referred to in the probationary report and the IOC has not established that its concerns about the complainant’s performance were brought to his attention in a timely manner. Having regard to the case law [...], the complainant’s first plea is well founded and the decision to terminate the complainant’s appointment must therefore be set aside, rendering further discussion of his second and third pleas unnecessary.
Keywords:
performance evaluation; probationary period; termination of employment;
Judgment 4687
136th Session, 2023
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment after she refused two reassignments.
Consideration 10
Extract:
[I]t must be accepted that the complainant did lose the opportunity to remain in employment with WHO by virtue of her unlawful termination. For this she is entitled to a lump sum equivalent to the amount of nine times her last monthly salary, as indicated in her last payslip, without any statutory deductions.
Keywords:
material injury; termination of employment;
Judgment keywords
Keywords:
complaint allowed; reassignment; termination of employment; transfer;
Consideration 8
Extract:
One legal issue presented for consideration by the pleas is whether the power to reassign an official to such a position is in any way conditioned or qualified in circumstances where a competition is on foot to fill the position. While it is not explicitly put this way by the complainant, it is the import of one of her pleas. There are a number of cases where the Tribunal has considered the direct appointment of a person to a position in circumstances where it denied the complainant “a right to compete” (see generally Judgments 4069, 3742, 3288 and 2959). By parity of reasoning, and notwithstanding the unequivocal bias just referred to, the decision to appoint the complainant, by way of reassignment, to the position in Cameroon deprived those who had entered the competition following the 27 December 2017 vacancy announcement of their right to compete and for each to have their candidature assessed on its merits. Deprivation of that right would involve a breach of WHO’s duty to act in good faith (see Judgments 4619, consideration 8, and 4618, consideration 8) to those who entered the competition. Consistent with the existence of this duty to act in good faith, the power to fill a position by reassignment, should not be interpreted as authorising reassignment
to a position when a competition is on foot to fill the very same position. There is an implied limitation on the exercise of the power to reassign. Thus, the decision of 12 January 2018 to reassign the complainant to the position in Cameroon was not lawful. Accordingly, the decision of 16 March 2018 to terminate her employment because she had refused the reassignment, was tainted by the unlawfulness of the reassignment decision and the decision to terminate should be set aside.
Reference(s)
ILOAT Judgment(s): 2959, 3288, 3742, 4069, 4618, 4619
Keywords:
appointment; appointment without competition; reassignment; selection procedure; termination of employment; transfer;
Judgment 4680
136th Session, 2023
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to impose on him the disciplinary measure of dismissal with forfeiture of an indemnity for loss of job.
Judgment keywords
Keywords:
complaint allowed; termination of employment;
Judgment 4674
136th Session, 2023
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her for misconduct.
Judgment keywords
Keywords:
complaint allowed; misconduct; termination of employment;
Consideration 24
Extract:
The complainant is entitled to moral damages. There is medical evidence about her emotional state at the time of her dismissal. She was suffering from stress, anxiety and depression. There is little room to doubt that termination in the circumstances evidenced in this case would have been stressful and even traumatic.
Keywords:
moral damages; termination of employment;
Judgment 4622
135th Session, 2023
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment for reasons of health.
Judgment keywords
Keywords:
complaint allowed; health reasons; termination of employment; termination of employment for health reasons;
Considerations 10 and 13
Extract:
Under the Tribunal’s settled case law, which is based on a general principle of international civil service law, the administrative status of a staff member cannot be unilaterally altered to her or his detriment by the employing organisation without that staff member having been given the opportunity to comment on the proposed measure beforehand (see, for example, Judgments 3124, consideration 3, 1817, consideration 7, or 1484, consideration 8). Clearly, this case law must be applied with the utmost stringency where a decision with such far-reaching consequences as the termination of an appointment is involved.
[...]
The Tribunal points out that, far from being a mere procedural flaw, the breach of the right to be heard identified above had a tangible bearing on the outcome of the present case. If the complainant had been given the opportunity to submit comments during the attempt to identify a position accommodating her functional impairments, she could, for example, have provided the multidisciplinary team with useful information for determining jobs at her level of responsibility that she herself considered could be adapted to her needs, which might have allowed the team to conduct its search more effectively. Similarly, if the complainant had been allowed to comment on the team’s report before the decision on her situation was taken, she could have pointed out several shortcomings in it that were correctly identified by the JAAB in its opinion, such as the lack of an exact list of positions examined during the search and the failure to give sufficient consideration to her options for vocational retraining. Thus, although the Tribunal considers that the material in the file does not permit a formal finding that, as the JAAB concluded, the Office did not genuinely use all available means to identify a position that could be allocated to the complainant, it is in any event clear that it was essential to the quality of the decision-making process that any comments made by the complainant on the efforts undertaken to that end be taken into account.
Reference(s)
ILOAT Judgment(s): 1484, 1817, 3124
Keywords:
right to be heard; termination of employment;
Judgment 4615
135th Session, 2023
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment.
Consideration 20
Extract:
[T]he organisation started the process as a harassment complaint procedure and finalized it with the outcome of a different procedure, that is “termination of appointment” under Regulation 13a)i). Consequently, the organisation failed to follow a proper disciplinary procedure.
Keywords:
disciplinary procedure; harassment; termination of employment;
Judgment keywords
Keywords:
complaint allowed; disciplinary procedure; termination of employment;
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