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Material injury (49,-666)

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Keywords: Material injury
Total judgments found: 43

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  • Judgment 2306


    96th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 11

    Extract:

    "As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, an employee is entitled, in the case of wrongful termination, to salary and entitlements only up to the date on which the contract would normally have expired. Of course, in some circumstances, material damage may extend beyond the salary and allowances that would otherwise have been paid during the course of the contract. Thus, for example, an employee may be entitled to additional compensation if it is shown that he or she lost a valuable chance of having the contract renewed or extended."

    Keywords:

    allowance; amount; compensation; complaint allowed; complaint allowed in part; contract; evidence; exception; extension; general principle; injury; international civil servant; limits; material damages; material injury; misuse of authority; reconstruction of career; right; salary; termination;

    Considerations 10 and 15

    Extract:

    As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, in the case of wrongful termination, an employee is entitled to material damages consisting of salary and entitlements up to the date on which the contract would normally have expired. In this case "the Appeals Committee found that 'the [complainant's] dignity had been harmed by the administrative procedure leading to termination and that some redress for the material and moral injury he suffered [was] warranted' [...]. Notwithstanding that finding, the Committee only recommended payment of an amount equivalent to salary and allowances until the end of the complainant's fixed-term contract. As already explained, he was entitled to that amount for material damage. Thus, the effect of the recommendation of the Appeals Committee was to deny the complainant compensation for moral injury notwithstanding its finding that his dignity had been harmed. That was an error of law and, as the Director-General's decision was based on the recommendations of the Appeals Committee, it necessarily involves the same error of law."

    Keywords:

    allowance; amount; breach; compensation; complaint allowed; complaint allowed in part; consequence; contract; decision; effect; executive head; fixed-term; general principle; internal appeals body; international civil servant; material injury; misuse of authority; moral injury; procedure; recommendation; reconstruction of career; respect for dignity; right; salary; same; termination;



  • Judgment 2116


    92nd Session, 2002
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The [organization] was cavalier in the way in which it informed [the complainant] of what was to become of the selection process. For the complainant it was particularly important that she be informed promptly whether she could expect to be appointed, so that she could start to look for another job if need be. She contends, and the [organization] does not demur, that she had the more reason to be optimistic as she had been told unofficially that of all the applicants, she stood the best chance of being appointed. In these circumstances, the [organization] ought to have [informed] her [...] that reclassification was a serious possibility for the post in question. But it did not [...] thereafter, when a decision was taken [...] to withdraw the vacancy announcement, the organization should have informed the candidates immediately. [...] The complainant was so informed in writing [...] nearly four months later. Even if [...] she was informed by telephone [...] written notification was nonetheless an obligation. The complainant's personal interests have undoubtedly been harmed and some redress for the material and moral injury she suffered is warranted [...]."

    Keywords:

    appointment; assignment; candidate; competition; competition cancelled; complaint allowed; complaint allowed in part; date of notification; delay; duty to inform; material damages; material injury; moral damages; moral injury; organisation's duties; post; post classification; procedure; staff member's interest; time limit; vacancy notice;



  • Judgment 1927


    88th Session, 2000
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "While the complaint may seem to show no cause of action, since the decision to suspend him has been revoked, the measure did have material - although not financial - and particularly moral consequences during the period for which it was in effect. Certain of the complainant's duties were withdrawn, although he continued to receive full pay. In these conditions, the complaint does still show cause for action [...]."

    Keywords:

    cause of action; consequence; decision; injury; material injury; moral injury; receivability of the complaint; suspension; withdrawal of decision;



  • Judgment 1875


    87th Session, 1999
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 32

    Extract:

    "An international organisation is liable for the material and moral damages resulting from the injury caused to a staff member by his superior (acting in the course of his duties and not in a private capacity) by treatment that is an affront to the staff member's personal and professional dignity (Judgment 1609 [...]); and for victimisation consequent upon improper treatment (Judgment 1376 [...]). A staff member is entitled to have his good name vindicated by the organisation when a superior makes false allegations against him and to redress for the harm caused ([see] Judgment[s] 1340 [and] 1344 [...]). When a third party makes false allegations against a staff member, the organisation should communicate its view that the allegations are without foundation (Judgment 1376 [...])."

    Reference(s)

    ILOAT Judgment(s): 1340, 1344, 1376, 1609

    Keywords:

    compensation; complaint allowed; injury; liability; material damages; material injury; moral damages; moral injury; organisation's duties; respect for dignity; supervisor;



  • Judgment 1780


    85th Session, 1998
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6 (a)

    Extract:

    "According to consistent precedent both employer and employee must show good faith. For the Organisation, that means giving its staff notice of any facts or rules that may influence their dealings with it [...]. But [...] the Organisation will not be financially liable unless the staff member has suffered financial injury."

    Keywords:

    case law; duty to inform; good faith; injury; liability; material injury; organisation; organisation's duties; staff member's interest;



  • Judgment 1432


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The organization wrongly told the complainant that she was not under contract after reassigning her to a post in the field following a break in service. The Tribunal concludes that the complainant had been reemployed by the organization and that "on account of [its] attitude towards her she has sustained moral injury over and above the [material] injury [that she sustained]".

    Keywords:

    complaint allowed; complaint allowed in part; contract; decision quashed; material injury; moral injury; organisation's duties;



  • Judgment 1386


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    The complainant was wrongfully dismissed following probation. The Tribunal holds that "in material damages the EPO shall pay him an amount equivalent to the emoluments he would have earned from the date of dismissal until the end of the month in which the Tribunal delivers the present judgment. Since he has convincingly shown that he has not been employed since the EPO dismissed him, the organisation may not subtract from that amount any indemnities or other earnings he may have received during that period."

    Keywords:

    compensation; complaint allowed; complaint allowed in part; decision quashed; flaw; material damages; material injury; probation; reckoning; termination;

    Consideration 26

    Extract:

    "The relief the complainant seeks includes reinstatement in his post or, failing that, damages for material and moral injury [...]. The Tribunal holds that reinstatement, which could only mean reinstatement for a further probationary period, would raise insurmountable practical difficulties because of the time that has elapsed since the date of dismissal [...]. [The complainant is] entitled to full compensation for the material and moral injury he sustained."

    Keywords:

    compensation; complaint allowed; complaint allowed in part; date; decision quashed; material damages; material injury; moral damages; moral injury; probation; refusal; reinstatement; subsidiary; termination;



  • Judgment 1376


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

    Consideration 20

    Extract:

    "The damage caused to the complainant's career and reputation is so grave that no form of redress short of reinstatement and the grant of a further contract of employment will suffice."

    Keywords:

    career; compensation; complaint allowed; complaint allowed in part; contract; decision quashed; injury; material injury; moral injury; reinstatement;



  • Judgment 1157


    72nd Session, 1992
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 8

    Extract:

    "The first factor of material damages is the complainant's administrative and financial status at the date of dismissal. [...] the second factor is how he has fared since dismissal: else he may obtain unjust enrichment."

    Keywords:

    compensatory allowance; complaint allowed; injury; material injury; termination; unjust enrichment;

    Consideration 8

    Extract:

    it is "the duty of someone who alleges material injury to prove it or offer at least some cogent evidence of it".

    Keywords:

    burden of proof; complaint allowed; evidence; injury; material injury;



  • Judgment 1156


    72nd Session, 1992
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    It is "the duty of someone who alleges material injury to prove it or offer at least some cogent evidence of it".

    Keywords:

    burden of proof; complaint allowed; evidence; injury; material injury;

    Considerations 7 and 8

    Extract:

    "The first factor of material damages is the complainant's administrative and financial status at the date of dismissal. [...] The second factor is how she has fared since dismissal: else she may obtain unjust enrichment."

    Keywords:

    compensatory allowance; complaint allowed; injury; material injury; termination; unjust enrichment;



  • Judgment 1155


    72nd Session, 1992
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 5

    Extract:

    "The first factor of material damages is [the complainant's] administrative and financial status at the date of dismissal [...]. Information is [also] needed on what he has been doing since leaving the organization: else he may obtain unjust enrichment. Interpol sought information from him on that score but he refused to give it. That being his attitude, any claim from him for loss of earnings cannot but fail."

    Keywords:

    compensatory allowance; injury; material injury; staff member's duties; termination; unjust enrichment;



  • 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; decision quashed; fixed-term; material damages; material injury; moral damages; moral injury; non-renewal of contract;



  • Judgment 732


    58th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the complaint "would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury. the conditions are not fulfilled. first, the injury to the complainant's credit is not proven. [...] secondly, there is no sufficient causal link between the organization's act and the alleged injury."

    Keywords:

    cause; injury; lack of evidence; material injury; moral injury; organisation;



  • Judgment 565


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

    Consideration 8 (A)

    Extract:

    "there are no grounds for supposing that if the report had been made properly the complainant would have derived financial benefit from appointment to a higher post." since the start of his career, the complainant has entered competitions, with comparable performance reports, and been unsuccessful on every occasion. it is unlikely that he would have fared better in the most recent competition if he had properly been able to refer to the report. no material injury.

    Keywords:

    administrative delay; flaw; material injury; performance report;



  • Judgment 494


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 10

    Extract:

    "there is no indication in the dossier that if the proper procedure had been observed before termination the complainant would have made use of it to change her attitude; and she has in fact declined reinstatement. she has not therefore shown any financial loss that she would not have incurred anyway. "it may well be that, as she alleges, 'because of the abrupt manner in which she was terminated, there has been speculation that she was engaged in some wrong doing.' she is entitled to a sum sufficient to mark the fact that her dismissal was illegal."

    Keywords:

    flaw; lack of injury; material injury; moral injury; offer; procedural flaw; refusal; reinstatement; termination; transfer;



  • Judgment 388


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    the tribunal "will [...] take account [...] of the material and moral prejudice which the complainant suffered because of the extraordinary dilatoriness of the internal appeal proceedings: the [organization] took an inordinately long time to file its memoranda and reach its final decision and was therefore partly to blame for the delay."

    Keywords:

    administrative delay; internal appeal; material injury; moral injury; negligence; organisation;

    Consideration 9

    Extract:

    It is impossible, several years having elapsed, to determine the precise consequences of the organization's negligence. In view of the existing reservations, it is justified to award the complainant compensation ex aequo et bono. Because of the apparent reluctance of the complainant to seek employment outside the organization and the uncertainty of the effects of the organization's negligence, the Tribunal is inclined to award rather modest damages. But account must also be taken of the material and moral prejudice caused by the inordinately long internal appeal proceedings.

    Keywords:

    administrative delay; amount; injury; internal appeal; material injury; moral damages; moral injury; negligence; organisation; procedure;



  • Judgment 195


    29th Session, 1972
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant's appointment was not renewed because the government concerned did not favour his return to the regional office. there is evidence of strong and unjustifiable prejudice against the complainant. the organization failed in its duty to bring to the attention of the government concerned all relevant matters of the case. the complainant is awarded an indemnity of us $20,000 for moral and material damage.

    Keywords:

    bias; complaint allowed; contract; damages; decision quashed; fixed-term; material injury; moral injury; non-renewal of contract; persona non grata;



  • Judgment 127


    20th Session, 1968
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant's appointment was terminated and his post abolished. "[T]he organization has an obligation to the complainant because of the fact which was not taken into account, namely the intervention with the [national] authorities by the senior technical adviser, without good reason, in the exercise of his official duties. As a result, the complainant has suffered both material and moral injury [...] taking account of [...] in particular [...] the fact that the organization was in ignorance through no fault of its own, the organization should pay the complainant compensation".

    Keywords:

    abolition of post; consultation; contract; disregard of essential fact; fixed-term; injury; liability; material injury; member state; moral injury; organisation; termination;



  • Judgment 53


    9th Session, 1961
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Damages to personal effects, in respect of which complainant makes a claim [...] arose out of and in the course of employment. Whether or not the claim for compensation was allowable under the organization's baggage insurance policy, the organization was directly liable for compensation."

    Keywords:

    compensation; injury; insurance; liability; material injury; organisation; organisation's duties; personal effects; service-incurred;



  • Judgment 33


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The offer to pay the complainant compensation for the moral and material prejudice he suffered equivalent to six months' salary together with allowances has been maintained before the Tribunal; "the fact that the Director-General admitted the principle of granting compensation to the complainant in respect of the prejudice caused to him was such as to lead the complainant to file his complaint; [...] taking into account the particular circumstances of the case it appears justified that, as an exceptional measure, the complainant be granted compensation by way of participation in his costs."

    Keywords:

    acceptance; compensation; costs; exception; injury; material injury; moral injury; offer; organisation; settlement out of court; tribunal;

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Last updated: 22.11.2019 ^ top