DAMAGES
You searched for:
Keywords: DAMAGES
Total judgments found: 207
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 | next >
Judgment 1043
69th session, 1990
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT SUBMITTED AN APPLICATION FOR EXECUTION OF JUDGMENT 922 THAT SET ASIDE THE DECISION TO DISMISS HIM. THE UPU SUBSEQUENTLY NOTIFIED THE TRIBUNAL THAT IT HAD REVERSED THE DECISION AND WOULD OFFER THE COMPLAINANT COMPENSATION. THE TRIBUNAL TOOK NOTE OF THE UNION'S UNDERTAKING AND AWARDED HIM 10,000 SWISS FRANCS IN DAMAGES FOR ALL THE FORMS OF INJURY HE SUSTAINED AND 1,000 FRANCS TOWARDS COSTS.
Reference(s)
ILOAT Judgment(s): 922
Keywords:
application for execution; case pending; cause of action; costs; damages; injury; no cause of action; settlement out of court;
Judgment 1042
69th session, 1990
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT OBJECTS TO A RECKONING GIVING EFFECT TO JUDGMENT 922, WHICH SET ASIDE THE DECISION TO DISMISS HIM AND ORDERED PAYMENT OF DAMAGES, INSOFAR AS THE AMOUNT HE GOT DID NOT ALLOW HIM THE BENEFIT OF A FURTHER YEARLY SALARY INCREMENT. AS THE COMPLAINANT'S PERFORMANCE HAD NOT BEEN DECLARED SATISFACTORY AND THEREFORE FAILED TO MEET THE CONDITION SET OUT IN THE RELEVANT RULES, THE TRIBUNAL DISMISSES THE CLAIM.
Reference(s)
ILOAT Judgment(s): 922
Keywords:
amount; application for interpretation; condition; damages; increment; satisfactory service;
Judgment 1026
69th session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 7
Extract:
THE COMPLAINANT'S APPOINTMENT WAS TERMINATED UPON THE ABOLITION OF HIS POST. THE ORGANIZATION OFFERED HIM 5000 UNITED STATES DOLLARS IN COMPENSATION FOR THE DELAY IN DEALING WITH THE CASE. THE TRIBUNAL HOLDS THAT THIS "DOES NOT MEASURE UP TO THE DEGREE OF MORAL AND MATERIAL INJURY [THE ORGANIZATION] HAS CAUSED THE COMPLAINANT, WHOSE HEALTH HAS GROWN MUCH WORSE SINCE TERMINATION. THE TRIBUNAL BELIEVES THAT MORE REASONABLE AWARDS WOULD BE $8,000 IN DAMAGES AND $2,000 TOWARDS COSTS."
Keywords:
abolition of post; administrative delay; amount; complaint allowed in part; costs; damages; internal appeal; internal appeals body; moral injury; terminal entitlements; termination;
Judgment 1017
69th session, 1990
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
PARAGRAPH 3(V) OF AN IFAD ADMINISTRATIVE INSTRUCTION ON PROBATION UNDER FIXED-TERM APPOINTMENTS READS: "WHERE IT IS DEEMED BY THE HEAD OF DEPARTMENT THAT THE STAFF MEMBER'S PERFORMANCE IS LESS THAN SATISFACTORY, HE/SHE WILL BE IMMEDIATELY INFORMED BY THE HEAD OF DEPARTMENT THAT A DECISION FROM THE PRESIDENT WILL BE SOUGHT TO TERMINATE HIS/HER SERVICES BY LETTING THE PERIOD OF PROBATION LAPSE." THE PRESIDENT'S DECISION TO TERMINATE THE COMPLAINANT'S APPOINTMENT AT THE END OF THE EXTENDED PERIOD OF PROBATION WAS FLAWED BY NON-COMPLIANCE WITH THIS REQUIREMENT. BECAUSE THE DECISION WAS IN BREACH OF THE PROCEDURAL RULE, THE TRIBUNAL WILL SET IT ASIDE AND AWARD THE COMPLAINANT SUBSTANTIAL COMPENSATION FOR THE IMPROPER TERMINATION OF HER CONTRACT AND FOR MORAL DAMAGES.
Keywords:
complaint allowed; damages; decision quashed; duty to inform; flaw; moral injury; probation; procedural flaw; termination; unsatisfactory service;
Judgment 999
68th session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 6
Extract:
"SINCE THE BREACH OF DUE PROCESS IN THE INTERNAL APPEAL PROCEEDINGS HAS HELD UP THE FINAL DETERMINATION OF THE MATTER AND CAUSED THE COMPLAINANT INJURY WHATEVER THE OUTCOME MAY EVENTUALLY BE, THE TRIBUNAL ORDERS THE ORGANIZATION TO PAY HIM LUMP-SUM DAMAGES IN THE AMOUNT OF 500 UNITED STATES DOLLARS."
Keywords:
administrative delay; amount; damages; injury; judgment; procedural flaw;
Judgment 986
67th session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 24
Extract:
THOUGH THE TRIBUNAL "HAS HELD THAT THE NEW SCALE [OF PENSIONABLE REMUNERATION] IMPAIRS THE COMPLAINANTS' RIGHTS, IT CANNOT NOW SET THE AMOUNT OF THEIR ENTITLEMENTS." ITS RULING WILL THEREFORE BE ONE OF PRINCIPLE.
Keywords:
amendment; amount; damages; injury; pension; pensionable remuneration; reduction; scale;
Judgment 972
66th session, 1989
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
DECISION
Extract:
THE DECISION NOT TO RENEW THE COMPLAINANT'S CONTRACT IS SET ASIDE. THE TRIBUNAL HOLDS THAT IN THE CIRCUMSTANCES REINSTATEMENT WOULD NOT BE ADVISABLE. IT ORDERS THE ORGANIZATION TO PAY THE COMPLAINANT THE EQUIVALENT OF TWO YEARS' SALARY AS DAMAGES FOR MATERIAL INJURY, 25,000 SWISS FRANCS FOR MORAL INJURY AND 10,000 SWISS FRANCS AS COSTS.
Keywords:
amount; contract; costs; damages; decision quashed; fixed-term; material injury; moral injury; non-renewal;
Judgment 946
65th session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 11
Extract:
"THERE IS NO AWARD OF MORAL DAMAGES. SINCE THE ORGANIZATION WAS APPLYING A POLICY OF STAFF RETRENCHMENT REQUIRED BY FINANCIAL CONSTRAINTS THE NON-RENEWAL CANNOT BE DEEMED TO HAVE HARMED THE COMPLAINANT'S PROFESSIONAL REPUTATION. NOR INDEED DOES HE OFFER ANY EVIDENCE OF MORAL INJURY."
Keywords:
abolition of post; contract; damages; evidence; fixed-term; lack of evidence; moral injury; non-renewal; professional injury;
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 942
65th session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
"IT IS PLAIN FROM THE EVIDENCE NOW BEFORE THE TRIBUNAL THAT THE TRANSFER WAS FLAWED: FIRST, NO OBJECTIVE AND IMPARTIAL INQUIRY, SUCH AS THE COMPLAINANT HAD BEEN ASKING FOR ALL ALONG, HAD BEEN CARRIED OUT BEFOREHAND; AND, SECONDLY, THERE WAS BREACH OF THE DUTY ANY INTERNATIONAL ORGANISATION OWES ITS STAFF TO TREAT THEM WITH RESPECT FOR THEIR DIGNITY AND GOOD NAME. THE IMPUGNED DECISION MUST THEREFORE BE SET ASIDE."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE ILOAT STATUTE
Keywords:
complaint allowed; damages; decision quashed; flaw; inquiry; moral injury; organisation's duties; professional injury; respect for dignity; transfer; working relations;
Judgment 939
65th session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT WAS TRANSFERRED WITHOUT PRIOR CONSULTATION OF THE SELECTION BOARD AS REQUIRED UNDER ARTICLE 4.2(F) OF THE STAFF REGULATIONS. THE TRIBUNAL HOLDS THAT THE BREACH OF PROCEDURE WAS MINOR, THOUGH IT DID CAUSE THE COMPLAINANT INJURY. THE TRIBUNAL WILL THEREFORE REFRAIN FROM QUASHING THE IMPUGNED DECISION AND WILL ORDER THE ORGANISATION TO PAY THE COMPLAINANT DAMAGES AND A FURTHER SUM TOWARDS COSTS.
Reference(s)
Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS
Keywords:
consultation; costs; damages; flaw; injury; organisation's duties; procedural flaw; selection board; transfer;
Judgment 922
65th session, 1988
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
IN JUDGMENT 868 THE TRIBUNAL QUASHED THE DECISION TO DISMISS THE COMPLAINANT ON THE GROUNDS OF UNSATISFACTORY PERFORMANCE AND REFERRED THE CASE BACK TO THE UNION. THE ORGANISATION HAVING MERELY CONFIRMED ITS EARLIER DECISION WITHOUT FURTHER INQUIRY, THE NEW DECISION IS SET ASIDE AND "THE UNION SHALL PAY THE COMPLAINANT DAMAGES EQUIVALENT TO THE SUMS HE WOULD HAVE BEEN PAID HAD HE REMAINED ON THE STAFF FROM THE DATE OF HIS DISMISSAL UP TO THE DATE OF THIS JUDGMENT."
Reference(s)
ILOAT Judgment(s): 868
Keywords:
amount; complaint allowed; confirmatory decision; damages; decision quashed; termination; unsatisfactory service;
Judgment 907
64th session, 1988
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 9
Extract:
THE COMPLAINANT "IS NOT ENTITLED TO DAMAGES FOR HIS WIFE'S LOSS OF SALARY AND PENSION RIGHTS. EVEN IF PROVEN THE INJURY WOULD NOT BE DIRECTLY ATTRIBUTABLE TO THE UNLAWFUL DECISIONS."
Keywords:
compensation; consequence; damages; decision; injury; termination;
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 888
64th session, 1988
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS
Extract:
THE COMPLAINANT WAS ACCUSED OF SUBMITTING FALSE CERTIFICATES FOR SICK LEAVE AND WAS DISMISSED FOR SERIOUS MISCONDUCT. HE CLAIMS TO HAVE BEEN UNAWARE THAT THE CERTIFICATES WERE FALSE AT THE TIME HE PRESENTED THEM AND THAT, WHILE AWAITING THE OUTCOME OF THE JUDICIAL INQUIRY UNDERWAY, HE SHOULD BE PRESUMED INNOCENT. THE COMPLAINANT'S DISMISSAL WAS CONFIRMED BY THE CHIEF OF PERSONNEL. THAT DECISION WAS "DEFECTIVE IN THAT IT DID NOT REPLY TO THE COMPLAINANT'S LETTER INVITING THE ORGANIZATION TO WAIT FOR THE OUTCOME OF THE TRIAL AND DID NOT REQUIRE HIM TO FURNISH HIS FULL DEFENCE. IT WAS MADE WITHOUT THE COMPLAINANT'S HAVING FULLY EXERCISED HIS RIGHT TO BE HEARD." BECAUSE IT IS TAINTED WITH A PROCEDURAL FLAW, THE DECISION IS QUASHED AND THE TRIBUNAL ORDERS THE COMPLAINANT TO BE REINSTATED AND AWARDED AN AMOUNT EQUIVALENT TO THE PAY WHICH HE LOST BETWEEN THE DATE OF DISMISSAL AND THAT OF REINSTATEMENT.
Keywords:
amount; complaint allowed; damages; decision quashed; flaw; medical certificate; misrepresentation; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination;
Judgment 874
63rd session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
"A DEBT OF MONEYS IS TO BE DISCHARGED BY THE DATE OF PAYMENT STIPULATED EITHER IN THE CONTRACT OR BY SOME GENERAL PROVISION. WHERE PAYMENT IS LATE THE RULE IS THAT THERE SHALL BE A COMPENSATORY AWARD OF INTEREST, THE AMOUNT BEING SET WITHOUT MAKING THE CREDITOR SHOW SPECIFIC INJURY."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
administrative delay; amount; complaint allowed; damages; date; execution; injury; interest on damages; judgment; payment;
CONSIDERATION 3
Extract:
"SAVE WHERE THERE IS EXPRESS PROVISION IN A CLAUSE OF A CONTRACT OR IN SOME GENERAL TEXT, INTEREST WILL NOT BE PAYABLE UNTIL A FORMAL DEMAND FOR PAYMENT OF THE PRINCIPAL HAS BEEN MADE. THE DEMAND MAY BE ADDRESSED DIRECTLY BY THE CREDITOR TO THE DEBTOR, OR IT MAY BE IMPLICIT IN AN APPLICATION FOR A COURT ORDER."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
damages; date; formal demand for payment; interest on damages;
CONSIDERATION 4
Extract:
"INTEREST WILL NOT BE AWARDED ON AN APPLICATION FOR A COURT ORDER UNLESS PAYMENT OF THE PRINCIPAL IS DUE."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
amount; condition; damages; interest on damages; request;
CONSIDERATION 3
Extract:
"THE ILO FURTHER SUBMITS THAT, HAVING MADE NO AWARD OF INTEREST, THE TRIBUNAL MAY BE DEEMED TO HAVE DECLINED TO DO SO. THE PLEA IS MISTAKEN. TO ALLOW IT WOULD BE TO INFER LEGAL EFFECT FROM THE TRIBUNAL'S REFUSING OR FAILING TO RULE. THAT WOULD BE QUITE WRONG SINCE THERE CAN BE NO IMPLIED DECISION TO DISMISS A CLAIM WHEN DISMISSAL IS NOT THE NECESSARY OUTCOME OF THE JUDGMENT."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
consequence; damages; effect; interest on damages; judgment; presumption; refusal; tribunal;
Judgment 873
63rd session, 1987
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 5
Extract:
"THE STAFF REGULATIONS DO NOT SAY WHAT NOTICE SHALL BE GIVEN OR HOW MUCH SHALL BE PAID IN COMPENSATION TO THE REDUNDANT STAFF MEMBER. [...] WHEN HIS POST IS ABOLISHED SOMEONE WITH A FIXED-TERM APPOINTMENT IS ORDINARILY ENTITLED TO NOTICE AND TO FAIR AND REASONABLE COMPENSATION. THE AMOUNT AND THE MANNER OF DETERMINING IT WILL DEPEND ON THE PARTICULAR CIRCUMSTANCES OF THE ORGANISATION AND AN ASSESSMENT OF THE STAFF MEMBER'S OWN SITUATION AND SENIORITY AND THE TERMS OF HIS APPOINTMENT. THE DECISION MUST NOT BE DISCRIMINATORY OR TAINTED WITH ANY OTHER FLAW."
Reference(s)
ILOAT reference: ARTICLE VII PARAGRAPHS 1 AND 2 OF THE ILOAT STATUTE
Keywords:
abolition of post; amount; compensation; complaint allowed; damages; decision quashed; elements; no provision; notice; organisation's duties; terminal entitlements;
Judgment 846
63rd session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 6
Extract:
"THE COMPLAINANT'S CLAIM TO DAMAGES AMOUNTING TO [...] IS IRRECEIVABLE. HE COULD HAVE MADE IT IN HIS INTERNAL APPEAL BUT FAILED TO DO SO. BEFORE COMING TO THE TRIBUNAL HE SHOULD HAVE EXHAUSTED ALL THE INTERNAL MEANS OF REDRESS."
Keywords:
complaint; damages; internal remedies exhausted; new claim; receivability;
Judgment 843
63rd session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE TRIBUNAL HOLDS THAT THE TRANSFER, LATER REVERSED, TO A POST THREE GRADES LOWER WAS UNLAWFUL. ALTHOUGH THE COMPLAINANT'S ATTITUDE MAY NOT HAVE BEEN BEYOND REPROACH, HE SUFFERED MORAL INJURY AND LOSS OF REPUTATION. UNDER THE CIRCUMSTANCES, THE AMOUNT OF COMPENSATION PROVIDED BY THE IMPUGNED DECISION IS TOO SMALL AND THE TRIBUNAL INCREASES IT FROM THE EQUIVALENT OF TWO TO SIX MONTHS' TAKE-HOME SALARY.
Keywords:
complaint allowed; conduct; damages; downgrading; moral injury; professional injury; suspension; transfer;
Judgment 781
60th session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE DIRECTOR-GENERAL INFORMED THE COMPLAINANT ON 25 MAY 1982 THAT HIS APPOINTMENT AS ASSISTANT DIRECTOR-GENERAL WOULD END ON 31 MAY 1983, WHEN HE WOULD BE TRANSFERRED. HE WAS ON LEAVE FROM 1 JULY 1982 TO 31 MAY 1983. ON 1 JUNE 1983 HE REPORTED FOR DUTY AT HIS FORMER OFFICE. SHORTLY THEREAFTER THE INSPECTOR-GENERAL CAME TO TELL HIM THAT THE DIRECTOR-GENERAL HAD ORDERED HIM TO MAKE AN INVENTORY OF THE PAPERS THAT WERE IN THE OFFICE. UNESCO SUBMITS THAT THE COMPLAINANT'S RETURN TO HIS FORMER OFFICE WAS A "WILFUL ACT OF DEFIANCE AND INSUBORDINATION". THE COMPLAINANT MAINTAINS THAT THE ORGANIZATION WAS IN BREACH OF ITS DUTY TO TREAT HIM WITH RESPECT. THE TRIBUNAL FINDS THAT THE MAIN PURPOSE OF THE INSPECTOR-GENERAL'S ACTION WAS TO IMPOSE ON THE COMPLAINANT A MORAL SANCTION UNWARRANTED BY ANYTHING IN THE RULES OR BY ANY FACTUAL CONSIDERATION. SUCH AN ATTACK ON HIS GOOD NAME WITHIN THE ORGANIZATION CAUSED MORAL INJURY WHICH, BECAUSE OF HIS SENIOR RANK, IS THE MORE SERIOUS.
Keywords:
complaint allowed; damages; moral injury; respect for dignity;
Judgment 761
59th session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
"THE REFUSAL BY THE EPO TO RETURN THE COMPLAINANT'S DOCUMENTS FOR THE PURPOSE OF PERMITTING HIM TO TAKE STEPS TO PERFECT HIS CLAIM FOR REIMBURSEMENT IS UNFAIR AND THE COMPLAINANT IS ENTITLED TO RELIEF ON THE GROUND THAT HE WAS IMPROPERLY PREVENTED FROM HAVING AN OPPORTUNITY OF SUBMITTING THE APPROPRIATE DOCUMENTS IN SUPPORT OF HIS CLAIM."
Keywords:
complaint allowed; damages; disclosure of evidence; flaw; organisation; refund; refusal; removal expenses; request;
Judgment 756
59th session, 1986
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
"FAILING [...] REINSTATEMENT THE COMPLAINANT IS ENTITLED TO BE PAID FOR THE PERIOD DURING WHICH SHE HAS NOT WORKED COMPENSATION EQUIVALENT TO THE SUMS SHE WOULD HAVE BEEN PAID IF REINSTATED, THE PURPOSE BEING TO SAFEGUARD THE RIGHT TO REINSTATEMENT."
Keywords:
abolition of post; amount; damages; reinstatement; subsidiary;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 | next >
|
