Discharge with notice (941,-666)

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Keywords: Discharge with notice
Total judgments found: 4

• Judgment 5003

  
  139th Session, 2025
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to dismiss him with notice.

  Judgment keywords

  Keywords:

  complaint allowed; discharge with notice; harassment;
  

  
  
  

• Judgment 4936

  
  139th Session, 2025
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to discharge him after due notice.

  Considerations 8 and 10

  Extract:

  The flaw in the decision making discussed in the preceding four considerations would warrant the setting aside of the impugned decision and the decision of the Deputy Director General of 5 October 2020. However, it is necessary to determine whether this relief is appropriate in all the circumstances. Article VIII of the Tribunal’s Statute provides that if a complaint is well-founded then the impugned decision can be rescinded though, if this is not possible or advisable, compensation can be awarded for the injury caused to her or him. There is little room to doubt that the relationship between the complainant and IOM has broken down and it would not be advisable to set aside the decisions dismissing the complainant and ordering his reinstatement, as sought by him in his brief (see, for example, Judgments 4674, consideration 23, 4456, consideration 18, 4310, consideration 13, and 3364, consideration 27).
  […]
  The question which now arises is what compensation should be awarded to the complainant for the injury occasioned by his unlawful dismissal. He has lost the opportunity for continued future employment with IOM and the Tribunal is satisfied he suffered moral injury as a result of his dismissal which should sound in moral damages. However, the amount of compensation must reflect the fact that it is highly likely that the complainant would have been dismissed lawfully had IOM been alive to the problems occasioned by relying on Instruction IN/90.

  Reference(s)

  ILOAT Judgment(s): 3364, 4310, 4456, 4674
  

  Keywords:

  discharge with notice; moral damages; reinstatement;
  

  Judgment keywords

  Keywords:

  complaint allowed; discharge with notice; harassment;
  

  
  
  

• Judgment 4745

  
  137th Session, 2024
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to discharge him after due notice.

  Judgment keywords

  Keywords:

  complaint dismissed; discharge with notice; disciplinary charges; disciplinary measure;
  

  
  
  

• Judgment 4460

  
  133rd Session, 2022
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to impose upon her the disciplinary measure of discharge after due notice.

  Judgment keywords

  Keywords:

  case sent back to organisation; complaint allowed; discharge with notice; disciplinary measure;