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Damages (125, 126, 127, 665,-666)

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Keywords: Damages
Total judgments found: 227

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  • Judgment 3636


    122nd Session, 2016
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for execution of Judgment 3282.

    Consideration 3

    Extract:

    The Tribunal did not order the complainant’s reinstatement in Judgment 3282, nor did it order ESO to grant him a “notional reinstatement”, i.e. to pay the amounts the complainant would have earned if he had had his contract renewed. As the Tribunal did not order his reinstatement, his contract expired on 31 December 2011. As noted above, the Tribunal limited the award of compensation to “material damages in the amount equivalent to two years’ salary, including all benefits, entitlements and emoluments plus interest at a rate of 5 per cent per annum, less any amounts he has earned in that period”. Had it been its intent, the Tribunal would have specifically awarded payment of the amount equivalent to the contributions for the complainant’s pension and Health Insurance and Long Term Care Schemes. See, for example, Judgment 2621, consideration 5[.] Moreover, considering that access to the CERN Pension Fund requires a staff member to have a valid contract of employment, and that as of 1 January 2012 the complainant no longer had that status, it follows that he was not entitled to any contributions to the Pension Fund after the end of his contract on 31 December 2011.

    Reference(s)

    ILOAT Judgment(s): 2621, 3282

    Keywords:

    application for execution; damages;



  • Judgment 3635


    122nd Session, 2016
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants have filed applications for execution of Judgment 3238.

    Consideration 6

    Extract:

    It is clear from the wording of that consideration [...] that the sums equivalent to the various social contributions listed therein were to be paid directly to the complainants, and not to the institutions which normally receive such contributions. Indeed, this is the approach usually taken by the Tribunal where, as in the present case, staff members whose dismissal has been set aside are not reinstated in the employer organisation, because the social contributions that are due to such institutions by virtue of an employment relationship are devoid of any basis once this relationship ends.

    Keywords:

    application for execution; damages; social benefit;

    Consideration 9

    Extract:

    It must [...] be underscored that, contrary to the CDE’s apparently mistaken belief, the Centre was not ordered in Judgment 3238 to pay social security contributions but, as consideration 20 states, “the equivalent” of those contributions, which is not to be confused with the latter and is entirely different from a legal standpoint. This sum is in fact an integral part of the lump-sum damages mentioned above. It must further be recalled that one of the justifications for this award was the legitimate desire to remedy the financial loss that the complainants would suffer if they enrolled in a private social insurance scheme at their own expense after their dismissal, for which the payment of contributions to the NSSO does not compensate in any way.

    Reference(s)

    ILOAT Judgment(s): 3238

    Keywords:

    damages;



  • Judgment 3594


    121st Session, 2016
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish her post and not to renew her fixed-term appointment.

    Consideration 12

    Extract:

    "[T]he Tribunal recognises that [the complainant] lost a valuable opportunity to have the question of her contract renewal properly considered on the basis of a decision on her application for a P-2 field post. Accordingly, the complainant is entitled to material damages for the loss of opportunity to be considered for a contract renewal (see Judgments 2678, under 16 and 17, and 2873, under 10)."

    Reference(s)

    ILOAT Judgment(s): 2678, 2873

    Keywords:

    damages; material injury;

    Consideration 12

    Extract:

    "[T]he FAO shall pay the complainant moral damages for subjecting her to unequal treatment, thereby causing injury to her dignity and reputation [...]."

    Keywords:

    damages; moral injury;



  • Judgment 3590


    121st Session, 2016
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant disputes the validity of the competition procedure in which she participated and the lawfulness of the appointment announced at its end.

    Consideration

    Keywords:

    appointment; competition; damages; selection procedure;



  • Judgment 3588


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of damages awarded by WHO following his internal appeal against the decision not to match him to a new position after the abolition of his post and to terminate his appointment.

    Consideration 10

    Extract:

    "[T]he HBA’s recommendation that the complainant be awarded his P5 salary, including all benefits, entitlements and compensation for home leave as of [...] until the expiration of his P5 fixed-term contract [...] was an appropriate approach to the material damages which should have been awarded to the complainant. From that amount should be deducted any monies earned from other employment during that period. The complainant says there was none. However this assessment of the material damages would not include the WHO component of the health insurance contribution payable over that period nor the amounts which otherwise would have been payable by way of pension contributions (see, for example, Judgment 3153, under 4-6)."

    Reference(s)

    ILOAT Judgment(s): 3153

    Keywords:

    damages; material injury;

    Consideration 11

    Extract:

    "[B]ecause the complainant was not appointed to the new P4 position, he lost the valuable benefit of furthering his career in WHO for which he is entitled to material damages."

    Keywords:

    damages; material injury;



  • Judgment 3584


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his non-selection for a vacant post, alleging personal prejudice, and contests the transfer of the selected candidate to a commensurate post.

    Judgment's keywords

    Keywords:

    damages; loss of opportunity; procedural flaw; selection procedure;



  • Judgment 3531


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.

    Judgment's keywords

    Keywords:

    damages; internal appeal; moral injury; procedure;



  • Judgment 3530


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the EPO’s refusal to award them moral damages on account of the length of the internal appeal proceedings.

    Judgment's keywords

    Keywords:

    damages; internal appeal; joinder; moral injury; procedure;



  • Judgment 3528


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.

    Judgment's keywords

    Keywords:

    damages; internal appeal; moral injury; procedure;



  • Judgment 3527


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.

    Judgment's keywords

    Keywords:

    damages; internal appeal; moral injury; procedure;



  • Judgment 3509


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to send his mail to an address, which is not the declared residence address in his last retirement questionnaire.

    Consideration 6

    Extract:

    "The unjustified delay of over three years between the filing of the appeal and the submission of the EPO’s position constitutes in itself an egregious delay which merits an award of damages. Taking into consideration both the excessive length of the delay and the fact that it is not apparent that this delay had a significant adverse impact on the complainant, the Tribunal sees fit to award moral damages in the amount of 800 euros (see Judgment 3160, under 17)."

    Reference(s)

    ILOAT Judgment(s): 3160

    Keywords:

    damages; moral injury;



  • Judgment 3508


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s alleged failure to take an express decision on his claim for the reimbursement of the travel expenses that he incurred in respect of his children upon leaving the service of the EPO.

    Considerations 6-7

    Extract:

    "With respect to the claim for moral damages for delay, this claim is not irreceivable because it was not raised in the internal appeal, as the EPO argues. It is in fact a claim by which the complainant seeks a remedy for inordinate or unreasonable delay in the internal appeal process itself, for which the Tribunal has in many instances awarded moral damages. [...]
    Taking into consideration the excessive length of the delay in the internal appeal process and the fact that it is not apparent that this delay had a significant adverse impact on the complainant, the Tribunal sees fit to award moral damages in the amount of 800 euros (see Judgment 3160, under 17)."

    Reference(s)

    ILOAT Judgment(s): 3160

    Keywords:

    damages; moral injury;



  • Judgment 3502


    120th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director General's decision to partially adopt the Appeal Board's recommendations on his appeal against his temporary suspension.

    Consideration 20

    Extract:

    "As the Tribunal finds the suspension decision was lawful, any humiliation stemming from the suspension is not, in this case, compensable by way of an award of moral damages, given that the humiliation he suffered was a necessary and direct consequence of the suspension itself."

    Keywords:

    damages; moral injury;



  • Judgment 3485


    120th Session, 2015
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss his harassment complaint for lack of evidence.

    Consideration 16

    Extract:

    "It is not controverted that some of [the complainant's]complaints went unanswered. This shows that there was a degree of indifference regarding his express concerns. This was not only another aspect of harassment but also a breach of the ICC’s duty of care towards the complainant which, in addition to the breach of due process, entitles him to moral damages [...]."

    Keywords:

    damages; duty of care; harassment; moral injury;



  • Judgment 3439


    119th Session, 2015
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the decision to terminate his appointment after the abolition of his post, as the Tribunal found that, due to the Organisation's failings, he had lost a valuable opportunity to be reassigned to another post.

    Consideration 13

    Extract:

    "[T]he complainant is entitled to moral damages for the failings in the reassignment process. Reinstatement is impracticable and inappropriate. The complainant lost the full benefit of the opportunity created by the Rules to be reassigned to another post within WHO. That is a valuable opportunity. That said, there can be no certainty or even likelihood that he would have been reassigned."

    Keywords:

    damages; moral injury;



  • Judgment 3429


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the complaint but awarded damages to the complainant because of the delay in the appeals procedure.

    Judgment's keywords

    Keywords:

    administrative delay; damages; intervention; removal expenses;



  • Judgment 3419


    119th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the complainant was entitled to moral damages for identified errors of the Administration.

    Judgment's keywords

    Keywords:

    appointment; damages; moral injury;



  • Judgment 3418


    119th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal recognized the moral injury caused to the complainant and determined the amount of compensation.

    Consideration 11

    Extract:

    "The complainant, through her counsel, has called in aid not only these findings and recommendations but also the recommendations of the Appeal Board in a separate report [...] a basis for the calculation of damages in these proceedings. This is impermissible. The complainant has elected, presumably advised to do so by her legal adviser, to commence and prosecute several internal appeals. Whether this was desirable or necessary, is not a matter on which the Tribunal should comment. However, in assessing damages, the Tribunal should, in a case such as the present, focus on the subject matter of the complaint informed by the scope of the internal appeal."

    Keywords:

    damages; moral injury;



  • Judgment 3417


    119th Session, 2015
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that IOM's failure to ensure compliance with its performance evaluation procedures warranted an award of moral damages to the complainant.

    Consideration 10

    Extract:

    "[T]he complainant is entitled to moral damages for [...] the IOM’s failure to ensure compliance with its performance evaluation procedures."

    Keywords:

    damages; moral injury;



  • Judgment 3413


    119th Session, 2015
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision to dismiss her appeal against the rejection of her sexual harassment complaint.

    Consideration 10

    Extract:

    "An apparently bona fide complaint of sexual harassment has to be investigated promptly and thoroughly. Equally it has to be reinvestigated if circumstances warrant further investigation. In the present case, the IAEA’s failure to reinvestigate involves a serious breach of its duty towards the complainant. Even if the sexual harassment had not occurred, the pursuit of the allegation would doubtless have been traumatic for the complainant. The trauma would have been compounded by the failure to reopen the investigation as she requested. Of course if the sexual harassment had occurred then almost certainly the trauma caused by the failure to reopen the investigation is likely to have been significant."

    Keywords:

    damages; harassment; moral injury;

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Last updated: 29.07.2016 ^ top