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Damages

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Keywords: Damages
Total judgments found: 218

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  • Judgment 3439


    119th Session, 2015
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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 3413


    119th Session, 2015
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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;



  • Judgment 3411


    119th Session, 2015
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "With regard to the lack of proper notice of the non-renewal of their IFAD contracts and IFAD’s insufficient efforts to clarify their respective situations, the Tribunal awards [...] moral damages [...]."

    Keywords:

    damages; moral injury;

    Consideration 8

    Extract:

    "[T]he Tribunal considers that IFAD failed to give the complainants proper notice prior to the non-renewal of their contracts and to make all efforts, using all possible tools, to clarify the complainants’ situations. Thus, an award of moral damages is appropriate."

    Keywords:

    damages; moral injury; notice;



  • Judgment 3409


    119th Session, 2015
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "As the complainants lost a valuable opportunity to have their contracts renewed in positions other than the abolished positions, the Tribunal awards them material damages in the amount they would have earned at their respective grades for one year [...] including all allowances, benefits and entitlements, less any amounts already received by way of salary and emoluments from any other employment for that period, plus monthly interest of 5 per cent from the date of separation to the date of final payment. The Tribunal awards them moral damages stemming from the unlawful decisions and IFAD’s violation of its duty of care and failure to respect their dignity [...]. The Tribunal does not see any justification for an award of exemplary damages so that claim is dismissed."

    Keywords:

    damages; material injury; moral injury;



  • Judgment 3402


    119th Session, 2015
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "[O]rdinarily a staff member who has been dismissed for engaging in fraud, would suffer considerable stress while waiting for the answer in an internal appeal about whether the challenged finding of fraud would be upheld or rejected. There is no reason to doubt that this would have been so in the present case. The internal appeal did take too long and the complainant is entitled to moral damages [...]. However, this was only very much a subsidiary part of the complaint and, in substance, the complainant has failed. Accordingly the complainant is not entitled to costs."

    Keywords:

    damages; moral injury; no award of costs;



  • Judgment 3396


    119th Session, 2015
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "[T]he delay in resolving the issue whether the 16.complainant was entitled to a continuing total invalidity pension has undoubtedly caused the complainant considerable stress and anxiety which is all the more regrettable and serious having regard to what appears to be, or at least was, her psychiatric condition. For this she is entitled to moral damages [...]."

    Keywords:

    damages; moral injury;



  • Judgment 3347


    118th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision dismissing her harassment complaint and challenges the lawfulness of the internal appeals and investigation procedures.

    Consideration 15

    Extract:

    "Other than in extraordinary circumstances, the appropriate remedy for delay is an award of moral damages. [...] [I]n assessing whether a delay is unreasonable, the complexity of the matter is a relevant consideration."

    Keywords:

    damages; delay; moral injury;



  • Judgment 3332


    118th Session, 2014
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution following the Administration’s decision that the award of a disability pension compensated her for the Tribunal’s award of material damages.

    Consideration 6

    Extract:

    "The delay in paying the material damages was due to the IAEA seeking clarification regarding the complainant’s unique situation and that delay cannot be considered unreasonable or excessive under the circumstances."

    Keywords:

    application for execution; damages; delay;



  • Judgment 3287


    116th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who reported his suspicions that someone was unlwafully accessing his professional email account, impugned the decision to deny him access to the investigation report.

    Judgment's keywords

    Keywords:

    compensation; complaint; damages; delay; inquiry; right;



  • Judgment 3215


    115th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "As discussed in Judgment 2804, negligence is the failure to take reasonable steps to prevent a foreseeable risk of injury. Liability in negligence is occasioned when the failure to take such steps causes an injury that was foreseeable. A person seeking damages for negligence bears the burden of establishing the factual foundation on which the claim is based."

    Reference(s)

    ILOAT Judgment(s): 2804

    Keywords:

    accident; burden of proof; damages; evidence; general principle; injury; liability; negligence; organisation's duties; service-incurred; working conditions;



  • Judgment 3198


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    "According to the case law of the Tribunal, no damages will be ordered where a decision does not hamper a career and the matter which was complained of has been withdrawn (see Judgment 1380, under 11)."

    Reference(s)

    ILOAT Judgment(s): 1380

    Keywords:

    damages; decision; evidence; lack of evidence; lack of injury; no cause of action; professional injury; withdrawal of decision;



  • Judgment 3193


    114th Session, 2013
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "In a case where a complainant establishes that the disputed decision involved an abuse of power, the appropriate relief is often to set aside the decision. Indeed, such a decision should not stand in the face of the conclusion that it involved an abuse of power. [However], in the somewhat unusual circumstances of this case, it would be inadvisable to set aside the disputed decisions notwithstanding the Tribunal’s finding that they involved an abuse of power. The appropriate remedy is therefore to award the complainant moral damages for the indirect consequences of the decisions the Tribunal has concluded were legally flawed."

    Reference(s)

    ILOAT Judgment(s): 496

    Keywords:

    complaint allowed; complaint allowed in part; damages; decision; misuse of authority; moral injury; organisation's interest; post classification; reassignment; transfer;



  • Judgment 3180


    114th Session, 2013
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "[T]he complainant is [...] entitled to claim interest for the late payment of the back pay resulting from [...] a [salary] adjustment."

    Keywords:

    adjustment; amount; claim; complaint allowed; delay; interest on damages; payment; salary;



  • Judgment 3172


    114th Session, 2013
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "The Staff Regulations and Rules do not require the Joint Appeals Panel to explain why it considers a given document to be relevant. However, in this case, the Panel did explain both in its memorandum to the Administration and in its formal recommendation to the Executive Secretary that the requested documents were relevant to the disputed question of whether the decisions to abolish the complainant’s post and not to extend her appointment were tainted by bias or some other legally vitiating factor. By refusing to proffer the documents, even though this did not prevent the Panel from continuing the appeal and issuing its recommendation, the Commission breached the principles of due process, entitling the complainant to moral damages."

    Keywords:

    breach; complaint allowed; complaint allowed in part; damages; disclosure of evidence; due process; evidence; general principle; moral injury; organisation's duties; procedural flaw;



  • Judgment 3168


    114th Session, 2013
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "It is firm Tribunal case law that a staff member is entitled to an efficient internal means of redress and to expect a decision on an internal appeal to be taken within a reasonable time (see Judgments 2904, under 14 and 15, 2851, under 10, and 2116, under 11). It can be seen from the above summary of the internal appeal process that there were a number of requests for extensions of time by both parties and in some instances consented to by the opposing party. While the departure of a staff member responsible for an appeal is beyond the control of the Administration, the latter does bear the responsibility of providing adequate staffing in keeping with its obligation to provide an efficient means of internal redress."

    Reference(s)

    ILOAT Judgment(s): 2116, 2851, 2904

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; damages; decision; delay; internal appeal; internal appeals body; organisation's duties; reasonable time; time limit;



  • Judgment 3166


    114th Session, 2013
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 18 and 19

    Extract:

    "[T]he JAC made a finding of procedural irregularities in relation to the consideration of the complainant’s grievances. It recognised, as this Tribunal has stated, that an organisation has a duty to its staff members to investigate claims of harassment (see Judgment 3071). This conclusion would have warranted consideration of a remedy. However, the JAC adopted the approach, accepted by the Secretary General, that the Federation had “acted in the [complainant’s] favour” because the contract of [the alleged harasser], amongst others, had not been renewed.
    The non-renewal of [that person]’s contract did not involve a vindication of the complainant’s rights. Ordinarily, the mechanism for addressing the violation of a person’s rights is to award compensation to the aggrieved person or to make an order restoring the person to the position he or she would have been in but for the violation. The nonrenewal of the contract of a person who had violated a complainant’s rights may, of course, provide moral comfort to the complainant. However, the task of the Secretary General is to determine a response in relation to a grievance formally raised and established which remedies the effect of the proven violation of rights. The non-renewal of a contract, such as occurred in the present case, does not serve this purpose."

    Reference(s)

    ILOAT Judgment(s): 3071

    Keywords:

    advisory body; claim; compensation; complaint allowed; complaint allowed in part; contract; damages; decision; executive head; harassment; injury; moral injury; non-renewal; organisation's duties; procedural flaw;



  • Judgment 3160


    114th Session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11 and 15

    Extract:

    "This Tribunal has recognised staff members’ right to privacy. An example is found in Judgment 2271. [...]
    [T]he issue is whether there was a breach of privacy or confidentiality as a result of the disclosure to the Director of PSM/HRM of the fact that the complainant had made an Appendix D claim. The answer is readily found in Judgment 3004 at consideration 6. [...] The disclosure of the mere fact that the claim had been made involved a breach of confidentiality. Being in a similar situation, the complainant should be awarded 4,000 euros as moral damages for breach of confidentiality."

    Reference(s)

    ILOAT Judgment(s): 2271, 3004

    Keywords:

    breach; communication to third party; complaint allowed; complaint allowed in part; confidential evidence; damages; lack of consent; moral injury; organisation's duties;

    Consideration 17

    Extract:

    "The amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal. Delay in an internal appeal concerning a matter of limited seriousness in its impact on the appellant would be likely to be less injurious to the appellant than delay in an appeal concerning an issue of fundamental importance and seriousness in its impact on the appellant. For example, an extensive delay in relation to an appeal concerning the dismissal of a staff member could have a profound impact on his or her circumstances. On the other hand, a delay of precisely the same period in relation to an appeal concerning a comparatively trifling issue may have limited or possibly even no impact on the circumstances of the staff member."

    Reference(s)

    ILOAT Judgment(s): 2522, 2902

    Keywords:

    compensation; complaint allowed; complaint allowed in part; damages; delay; effect; general principle; internal appeal; organisation's duties; reasonable time; staff member's interest; time limit;



  • Judgment 3154


    114th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The ordinary meaning of 'gross salary' is the full amount of a staff member’s regular remuneration including allowances, overtime pay, commissions and bonuses, and any other amount usually paid, before any deductions are made. In context, the notion of 'gross salary' was chosen to indicate the base salary prior to the staff deduction, plus all allowances and benefits. This interpretation is consistent with the fact that the award of damages had to be the equivalent of reinstatement and that the express purpose was to compensate the complainant for the time he 'should have worked with the Union'."

    Keywords:

    amount; application for interpretation; compensation; damages; gross salary; interpretation; judgment;



  • Judgment 3152


    114th Session, 2013
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 26

    Extract:

    "The Tribunal, which has the power to take such measures as may be necessary to ensure that its judgments are executed, may, if it considers it appropriate, order the payment of a penalty for default (see, for example, Judgments 1620, under 10, or 2806, under 11). In the present case, the patent lack of goodwill demonstrated by [the organisation] to date with regard to honouring its obligation to pay the awards made against it justifies the imposition of a penalty, as requested by the complainant, of 25,000 euros for each month's delay in the settlement of the awards made in this judgment."

    Reference(s)

    ILOAT Judgment(s): 1620, 2806

    Keywords:

    application for execution; complaint allowed; continuing breach; delay; execution; formal demand for payment; iloat; judgment; organisation's duties;



  • Judgment 3130


    113th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The complainant requests an award of 10,000 United States dollars for unreasonable delays in the internal appeal proceedings. The appeal before the Regional Board of Appeal lasted only nine months from the date of appeal [...] to the date of the decision by the Regional Director [...] to endorse the Board’s recommendation [...]. The complainant’s appeal before the [Headquarters Board of Appeal] lasted just over 13 months from the date of appeal [...] to the decision by the Director-General [...]. Considering that the two appeals took less than two years to complete, the complainant cannot be considered to have suffered from inordinate delays meriting an award of damages. This is especially true considering that the two tiered appeal process has provided him with greater protection of his rights as a staff member."

    Keywords:

    administrative delay; claim; compensation; complaint allowed in part; damages; date; decision; executive head; internal appeal; international civil servant; reasonable time; recommendation; refusal; right;

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Last updated: 06.05.2015 ^ top