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Material injury (49,-666)

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Keywords: Material injury
Total judgments found: 52

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  • 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account will be taken of the facts that the publication resulted from negligence, not malice, that it was speedily withdrawn and that the Secretary-General apologised to the complainant.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; damages; judgment of the tribunal; material injury; moral injury; negligence; organisation's duties; respect for dignity;



  • Judgment 2819


    107th Session, 2009
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "Although the complainant's dignity has been seriously injured, and consistently injured over a period of three and a half years, he has suffered no financial loss and his claims for compensation and for moral damages are excessive. [...] The complainant will be adequately compensated by an award of moral damages in the amount of 25,000 euros. There will be an award of costs of these proceedings and the internal appeal proceedings in the amount of 5,000 euros."

    Keywords:

    amount; complainant; costs; injury; lack of injury; material injury; respect for dignity;



  • Judgment 2769


    106th Session, 2009
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "As it cannot be confirmed but for the flaw in the selection process that the complainant would have been appointed to the post of Section Head, this aspect of the claim for material damages is rejected. The complainant, however, lost a valuable opportunity to be properly considered for the said post."

    Keywords:

    appointment; competition; due process; injury; material damages; material injury; procedure before the tribunal;



  • Judgment 2480


    100th Session, 2006
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 4

    Extract:

    The complainant takes issue with an ILO circular which concerned matrimonial property rights. It informed foreign nationals, like himself, who were married outside Switzerland with no marriage contract, that Switzerland was treating such persons as subject to the Swiss regime of joint ownership of property acquired after marriage (participation aux acquêts). He holds that by accepting such "instructions" from the Swiss Government, the Organization caused him undue financial hardship and "deep moral suffering". The Tribunal considers that the circular was "simply the transmission by the ILO to its staff members resident in Geneva of information received from the local 'Chambre des notaires'. [...] The publication by an international organisation for its staff members of purely objective information of this sort relating to local private law is manifestly not a matter falling within the Tribunal's field of competence."

    Reference(s)

    Organization rules reference: ILO Circular No. 451, Series 6

    Keywords:

    competence of tribunal; domestic law; headquarters official; information note; marital status; material injury; moral injury; nationality; official; organisation; publication; written rule;



  • Judgment 2403


    98th Session, 2005
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "It is not in doubt that an international organisation is under an obligation to take proper measures to protect its staff members from physical injury occurring in the course of their employment. The same is true with respect to loss of or damage to their personal property. As a matter of principle, the same must be true of financial loss suffered in the course of their employment. Particularly is that so where, as here, the loss is directly associated with compulsory participation in a fund established by the organisation and managed in accordance with rules which limit the participants' rights with respect to that fund."

    Keywords:

    deficiency payment; liability; lump-sum; material injury; organisation's duties; participation; pension; provident fund; right; working conditions;



  • Judgment 2394


    98th Session, 2005
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant's appointment was terminated. "[I]t emerges quite clearly from the file that the irregularities committed [...], the careless way the Organization advertised the complainant's post before he had even had a chance to comment on the termination of his contract, and the way it admitted the unlawfulness of the termination notified on 29 August 2001 [...] only in a decision of 28 June 2003 notified to the complainant on 17 July 2003, severely harmed the complainant's legitimate interests and impaired his dignity." He is therefore entitled to a compensation for the financial and moral damage he incurred.

    Keywords:

    acceptance; allowance; competition; date of notification; delay; flaw; injury; material injury; misconduct; moral injury; organisation; post; respect for dignity; right; right to reply; staff member's interest; termination of employment;



  • Judgment 2360


    97th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The Organization considers that the claims for compensation for certain heads of injury were not submitted during the internal appeal proceedings and must therefore be dismissed as irreceivable. "[T]he claims to compensation for moral injury and for breach of the complainant's rights were put forward in the internal appeal, though in a different form, and are certainly receivable, even though some heads of injury, concerning the complainant's state of health in particular, had not been enlarged upon, since the complainant had stated in his appeal [...] that the decision he contested caused him 'undoubted material and moral injury'."

    Keywords:

    breach; claim; compensation; decision; difference; formal requirements; injury; internal appeal; internal remedies exhausted; material injury; moral injury; procedure before the tribunal; receivability of the complaint; right;



  • Judgment 2345


    97th Session, 2004
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "In view of its duty of care towards its staff, an organisation must spare them the material and psychological drawbacks of endless procedures [...]: while an organisation cannot avoid an occasional overload of work, it must take appropriate measures to avert the drawbacks of a massive and foreseeable increase in legal disputes."

    Keywords:

    delay; duty of care; material injury; moral injury; organisation's duties; procedure before the tribunal;



  • Judgment 2306


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

    Considerations 10-11

    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; contract; evidence; exception; extension of contract; general principle; injury; limits; material damages; material injury; misuse of authority; official; reconstruction of career; right; salary; termination of employment;

    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; consequence; contract; decision; effect; executive head; fixed-term; general principle; internal appeals body; material injury; misuse of authority; moral injury; official; procedure before the tribunal; recommendation; reconstruction of career; respect for dignity; right; salary; termination of employment;



  • 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; date of notification; delay; duty to inform; material damages; material injury; moral injury; organisation's duties; post; post classification; procedure before the tribunal; 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:

    burden of proof; compensation; injury; liability; material damages; material injury; misuse of authority; 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:

    contract; 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; flaw; material damages; material injury; probationary period; reckoning; termination of employment;

    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; date; material damages; material injury; moral injury; probationary period; refusal; reinstatement; subsidiary; termination of employment;



  • 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; contract; injury; material injury; moral injury; reinstatement;



  • Judgment 1157


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

    Considerations 7-8

    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; injury; material injury; termination of employment; 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; 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; evidence; injury; material injury;

    Considerations 7-8

    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; injury; material injury; termination of employment; unjust enrichment;



  • Judgment 1155


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

    Considerations 4-5

    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 of employment; unjust enrichment;



  • Judgment 1112


    71st Session, 1991
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant contends that her salary was unlawfully withheld and she seeks compensation for the financial injury caused to her by the FAO.

    Keywords:

    compensation; material injury; salary;

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Last updated: 20.04.2021 ^ top