Termination of appointment

 

These judgments concern termination of appointment:

  • Case No. 15 of the Administrative Tribunal, 17 November 1995 (PDF, 110kb) - The applicant, who had requested reinstatement following a period of non-active status for medical reasons, challenged the decision to terminate her appointment taken on the ground that there was no suitable vacant post available.
  • No. 20: 25 June 1997 (PDF, 109kb) - The applicant challenged the termination of his appointment following suppression of his post, alleging prejudice arising from delays in establishing his performance appraisal reports.
  • No. 21: 25 June 1997 (PDF, 109kb) - The applicant, whose post had been suppressed and who was offered an invalidity pension, no causal link between the two having been established, asked for a letter of apology and for compensation for moral prejudice.
  • No. 28: 12 December 1997 (PDF, 148kb) - The applicant challenged the amount of the indemnity for loss of employment to which she was entitled under new rules.
  • No. 32: 18 June 1998 (PDF, 156kb) - The applicant challenged the ground for terminating his appointment in circumstances, as claimed by the Organisation, analogous to a post suppression.
  • No. 33: 9 December 1998 (PDF, 157kb) - The applicant, alleging procedural irregularities, asked the Tribunal to annul the decision to terminate his appointment following suppression of his post and after an unsuccessful probationary period in another post.
  • No. 40: 21 June 1999 (PDF, 147kb) - The applicant, whose appointment was terminated because there was no suitable post available following a period on non-active status for medical reasons, requested compensation. The Tribunal had to decide on the consequences of a change in the relevant provisions of the Staff Regulations.
  • No. 41: 15 October 1999 (PDF, 152kb) - The applicant challenged the Secretary-General’s decision to suppress her post and place her on special leave, and asked for compensation for material and moral prejudice caused by the errors committed by the Administration.
  • No. 49: 8 March 2001 (PDF, 165kb) - The applicant challenged the Secretary-General’s decision, notified to him when he was on sick leave, to terminate his appointment following the suppression of his post. The Tribunal discussed the admissibility of the application.
  • No. 52: 18 April 2002 (PDF, 222kb) - The applicant challenged the legality of the decision to terminate her appointment, arguing that she did indeed possess, or could easily acquire, the additional qualifications attaching to her new job description after restructuring.

  • No. 53: 18 April 2002 (PDF, 167kb) - The applicant, who had refused to take up duty in the post to which she was transferred, challenged the resulting decision to dismiss her. The Tribunal discussed the admissibility of some of the submissions.

  • No. 54: 18 April 2002 (PDF, 186kb) - The applicant asked the Tribunal to rule that the theoretical duration of his notice period, following the suppression of his post, should be taken into account in calculating his paid leave and also for the amount of his leaving allowance and pension. The Tribunal discussed the admissibility of the various submissions.
  • No. 56: 30 March 2004 (PDF, 160kb) - The applicant challenged the decision to terminate her appointment following the suppression of her post and in the absence of any suitable vacant post.
  • No. 61: 7 March 2006 (PDF, 267kb) - The applicant – the same as in Case No. 58 - challenged the Secretary-General’s decision to dismiss him for misconduct. The Tribunal also had to assess the amount of damages flowing from the Judgment in Case No. 58.
  • No 73: 7 February 2014 (PDF, 232kb) - The Applicant contest the decision of the Secretary-General to terminate his appointment and to not grant him an open-ended contract after more than fifteen years at the service of the Organisation. He requests his reinstatement within the OECD with an open-ended contract or failing that the payment of the equivalent of four years of salary including pension entitlements.

 

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