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Judgment No. 2403

Decision

1. The Director-General's decision of 12 September 2003, that there was no obligation on the part of the OPCW to make good the losses in the Provident Fund apportioned to the complainant, is set aside.
2. The OPCW shall pay the complainant the sum of 2,500 euros together with interest at the rate of 8 per cent per annum from 9 January 2003 until the date of payment.
3. The applications to intervene are allowed to the extent that the applicants are in the same situation in fact and in law as the complainant.
4. The OPCW shall pay the complainant's costs of the proceedings before this Tribunal in the sum of 2,000 euros.

Consideration 16

Extract:

"It is not in doubt that an international organisation is under an obligation to take proper measures to protect its staff members from physical injury occurring in the course of their employment. The same is true with respect to loss of or damage to their personal property. As a matter of principle, the same must be true of financial loss suffered in the course of their employment. Particularly is that so where, as here, the loss is directly associated with compulsory participation in a fund established by the organisation and managed in accordance with rules which limit the participants' rights with respect to that fund."

Keywords

complaint allowed; liability; material injury; organisation's duties; working conditions; pension; provident fund; deficiency payment; participation; lump-sum; right



 
Last updated: 04.04.2019 ^ top