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Damages

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Keywords: Damages
Total judgments found: 222

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  • 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;



  • Judgment 3411


    119th Session, 2015
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants successfully impugn the decision not to extend their contracts upon expiry.

    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
    Summary: The Tribunal awarded the complainants material and moral damages stemming from IFAD's unlawful decisions and violation of its duty of care.

    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
    Summary: The Tribunal found that the evidence established an intention to defraud on the part of the complainant and that the decision to dismiss him was not disproportionate, but it awarded damages because of the delay in the internal appeal procedure.

    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
    Summary: In relation with the complainant's service-incurred illness, the Tribunal concluded that she was entitled to an invalidity payment.

    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;

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Last updated: 29.05.2015 ^ top