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

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Keywords: Damages
Total judgments found: 28

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  • Judgment 3778


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the rejection of his internal appeal against the EPO’s refusal to clarify his fiscal situation with the Dutch tax authorities.

    Consideration 4

    Extract:

    The complainant, alleging unlawful behavior on the part of the EPO, raises a claim for damages. As the Tribunal has stated on several occasions, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 2471, under 5, and 1942, under 6). The complainant has not provided any evidence of those three elements in the present case.

    Reference(s)

    ILOAT Judgment(s): 1942, 2471

    Keywords:

    damages;



  • Judgment 3725


    123rd Session, 2017
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the disciplinary measures imposed on him following an investigation into alleged misconduct.

    Consideration 7

    Extract:

    UNIDO also notes that the complainant expanded the quantum of his claim for damages on his earlier claims and goes further in the rejoinder to introduce new claims of constructive dismissal. UNIDO submits that these are irreceivable and that the claims for damages should only be admitted to the extent of the earlier amounts which the complainant had sought.
    The Tribunal has consistently stated that a new claim which is raised in a rejoinder is irreceivable.

    Keywords:

    damages; new claim; rejoinder;



  • Judgment 3719


    123rd Session, 2017
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The CTA seeks the review of Judgment 3437.

    Consideration 7

    Extract:

    [A]ccording to the case law of the Tribunal, where an organisation seeks to challenge a judgment unfavourable to itself by way of an application for review, the staff member concerned cannot make a counterclaim for damages in the context of his or her submissions on the application. Such a claim arises from a separate cause of action and should be pursued separately (see Judgments 1504, under 13, 2806, under 10, and 3003, under 50).

    Reference(s)

    ILOAT Judgment(s): 1504, 2806, 3003

    Keywords:

    application for review; counterclaim; damages;



  • Judgment 3718


    123rd Session, 2017
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The CTA seeks the review of Judgment 3436.

    Consideration 7

    Extract:

    [A]ccording to the case law of the Tribunal, where an organisation seeks to challenge a judgment unfavourable to itself by way of an application for review, the staff member concerned cannot make a counterclaim for damages in the context of his or her submissions on the application. Such a claim arises from a separate cause of action and should be pursued separately (see Judgments 1504, under 13, 2806, under 10, and 3003, under 50).

    Reference(s)

    ILOAT Judgment(s): 1504, 2806, 3003

    Keywords:

    application for review; counterclaim; damages;



  • Judgment 3688


    122nd Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to abolish her post and to separate her from service.

    Consideration 12

    Extract:

    It was stated in Judgment 3582, consideration 4, for example, that the amount of damages awarded for the injury caused by an unreasonable delay in processing an internal appeal depends on the length of the delay and its consequences. The consequences vary depending on the subject matter of the dispute so that a delay in resolving a matter of limited seriousness in its impact on the appellant will ordinarily be less injurious than a delay in resolving a matter which has a severe impact.

    Reference(s)

    ILOAT Judgment(s): 3582

    Keywords:

    damages; delay; moral injury;

    Consideration 31

    Extract:

    WHO’s failure to disclose the relevant documents to the complainant in the internal appeal proceedings breached the adversarial principle or the principle of equality of arms, which constitutes a breach of due process entitling the complainant to moral damages.

    Keywords:

    damages; disclosure of evidence; due process; moral injury;



  • 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 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 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 3315


    117th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks damages for the injury arising from breach of due process and institutional harassment.

    Consideration 26

    Extract:

    The complainant claims material damages but has adduced no evidence of actual injury as a result of an unlawful act in order to obtain such damages, notwithstanding that the events in question occurred some years before she filed her complaint. Accordingly, the Tribunal does not award material damages. There is no ground for the award of exemplary damages. However, the complainant is entitled to moral damages for the flagrant breach of due process, as well as for the institutional harassment which she sustained. These are grave violations, for which the complainant is accordingly awarded moral damages in the sum of 65,000 United States dollars. She is also awarded 3,000 dollars in costs.

    Keywords:

    breach; damages; due process; harassment;



  • Judgment 3160


    114th Session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the Director-General's decision to reject his appeal concerning breaches of confidentiality.

    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 2891


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Following her reassignment, which in Judgment 2659 the Tribunal considered as a hidden disciplinary sanction, the complainant applied for her previous post. Her application was however not considered on the grounds that under Administrative Instruction No. 16 only applications from staff members who had serve in one position for a minimum of one year would be receivable. The complainant challenged the decision not to consider her application, arguing that it constituted discriminatory treatment. The Tribunal found in her favour and awarded her the compensation she had claimed.
    "While this case stems from the previous complaint, the two cases are separate and distinct, being based on different facts and different administrative decisions. Each unlawful decision must have its own remedy. Therefore, the Organization's assertion that the damages already paid to the complainant must be taken into account in the calculation of damages in the present case is incorrect."

    Reference(s)

    ILOAT Judgment(s): 2659

    Keywords:

    complaint; damages; difference; new claim; new plea;



  • Judgment 2861


    107th Session, 2009
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 91 and 93

    Extract:

    "[T]he complainant seeks damages for the publication in the [Organization] monthly information bulletin that she had been separated from service, in the English version, and dismissed from service ('démise de ses fonctions') in the French version. The publication of this information was contrary to the Secretary-General's instructions but, even if published negligently, [the Organization] is liable for the damage occasioned to the complainant's reputation and dignity. In this regard, it was said in Judgment 2720 that 'international organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members' (see also Judgments 396, 1875, 2371 and 2475). It was also pointed out in Judgment 2720 that that obligation extends to former staff members."
    "There will be an award of material and moral damages in relation to the publication [...]. However, account will be taken of the facts that the publication resulted from negligence, not malice, that it was speedily withdrawn and that the Secretary-General apologised to the complainant. In Judgment 2720 mentioned above the Tribunal held that, in the case of a continuing duty of an organisation to refrain from any type of conduct that may harm the reputation or dignity of its staff members, the Tribunal may order performance of that duty, including by ordering the publication of material to restore a person's reputation. The complainant seeks an order of that kind in the present case. However, the Tribunal is satisfied that her honour and reputation will be sufficiently vindicated by this judgment and by an award of damages."

    Reference(s)

    ILOAT Judgment(s): 396, 1875, 2371, 2475, 2720

    Keywords:

    compensation; complaint allowed; complaint allowed in part; damages; judgment of the tribunal; material injury; moral injury; negligence; organisation's duties; respect for dignity;



  • Judgment 2073


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The organisation modernized the Patent Office examination data management system. Consequently, superiors had access to individual examiner's data. The organisation failed to follow its own rules by delaying the adoption of a rule on data protection. "While the complainants have not shown any prejudicial consequences, the Tribunal nevertheless will sanction the [organisation]'s breach by a nominal global award of damages amounting to 1,000 German marks and a global award for costs amounting to 2,000 euros."

    Keywords:

    administrative delay; amount; breach; complainant; complaint allowed; costs; damages; injury; lack of evidence; organisation's duties; supervisor; written rule;



  • Judgment 1380


    78th Session, 1995
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    the complainant "did not suffer any injury which hampered her career and is therefore not entitled to any award of damages. the mere fact that a decision was initially flawed does not suffice to warrant awarding her damages for moral injury. the flaw was [later] corrected [...] to be entitled to moral damages she must show that she has suffered more severe injury than that which an improper decision ordinarily causes."

    Keywords:

    burden of proof; criteria; damages; decision; evidence; flaw; formal flaw; lack of evidence; lack of injury; moral injury; professional injury;



  • Judgment 1365


    77th Session, 1994
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    the complainants seek the quashing of a decision in which the wto refused to resume the appointment process as ordered in judgment 1272. "yet any satisfaction that the complainants might derive from resumption of the procedure would be merely formal [so] the tribunal exercises the option that article viii of its statute allows of not setting aside the [impugned] decisions."

    Reference(s)

    ILOAT reference: ARTICLE VIII ILOAT STATUTE
    ILOAT Judgment(s): 1272

    Keywords:

    application for execution; breach; complaint allowed; complaint allowed in part; consequence; damages; execution of judgment; flaw; judgment of the tribunal; organisation's duties; procedure; res judicata;



  • Judgment 1351


    77th Session, 1994
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "a decision not to renew a fixed-term contract does not interfere with any contractual right but merely disappoints expectation of further employment. the complainant is not entitled to the exceptional relief of reinstatement but only to an award of damages".

    Keywords:

    compensation; complaint allowed; complaint allowed in part; contract; damages; decision; decision quashed; exception; fixed-term; legitimate expectation; non-renewal; reinstatement;



  • Judgment 946


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "since the complainant had served unesco for only four years and the renewal he might have expected would not have been for more than two years, the tribunal sets the amount at the equivalent of six months' full pay at grade p.4 at the rate applicable at the date of his separation."

    Keywords:

    contract; damages; decision quashed; fixed-term; non-renewal;



  • Judgment 907


    64th Session, 1988
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "since he has twice had his dismissal set aside [the gatt] should reinstate him in a post equivalent to the one he held. if it does it shall pay him for the period from the date of his departure up to the date of his reinstatement, the amount to be reduced by the sums it has already paid him and any earnings he may have been paid during the period. his pension rights shall be fully restored."

    Keywords:

    amount; complaint allowed; consequence; contract; damages; decision quashed; permanent; reinstatement; termination;



  • Judgment 620


    53rd Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the complainant submits that the experts ought to have consulted each other, not just in writing and by telephone but by meeting together. the argument is a sound one. the arrangements they made were indeed open to criticism. whatever the fao may say, traffic congestion [...] was not a valid reason for their not meeting to discuss a case which deserved more respectful consideration than they gave it. there is no certainty that their views would have been any different had they held a meeting. but it is possible that they would, and the complainant is right to advance the plea in support of his claim for damages."

    Keywords:

    damages; flaw; medical board; medical examination; procedural flaw;



  • Judgment 565


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5 (D)

    Extract:

    "according to the tribunal's case law claims to compensation are receivable if linked with a claim for breach of a contract of appointment or of the staff regulations."

    Keywords:

    claim; condition; damages; receivability of the complaint;



  • Judgment 480


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    A

    Extract:

    in accordance with the tribunal's decision in judgment no. 427, the complainant submitted claims for compensation. the organization paid the complainant various sums. the complainant is still not satisfied and asks the tribunal to assess the balance which he believes to be due.

    Reference(s)

    ILOAT Judgment(s): 427

    Keywords:

    amount; application for execution; complaint allowed; damages;

    Consideration 2

    Extract:

    "the complainant has not provided any satisfactory evidence that his salary would have increased if he had remained in the organization. it would no longer have increased by annual increments, since he had already reached the top level of his grade. his emoluments were expressed in united states dollars and there is no evidence of possible adjustments for cost of living." no such amounts will therefore be included in the reckoning of compensation.

    Reference(s)

    ILOAT Judgment(s): 427

    Keywords:

    adjustment; amount; cost-of-living increase; damages; lack of evidence; reckoning; salary;

    Consideration 4

    Extract:

    the tribunal regards "the true measure of the complainant's loss" as the amount of the pension to which he is entitled. "if the parties cannot agree upon this actuarial calculation or upon an actuary whose calculation they would accept, the matter must come back to the tribunal, which, acting under article 11 of the rules of court, will appoint an expert to fix the sum."

    Reference(s)

    ILOAT reference: ARTICLE 11 ILOAT RULES OF COURT
    ILOAT Judgment(s): 427

    Keywords:

    amount; damages; expert inquiry; injury; tribunal;

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Last updated: 11.10.2017 ^ top