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Material damages (693, 665,-666)

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Keywords: Material damages
Total judgments found: 151

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  • Judgment 4234


    129th Session, 2020
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him.

    Consideration 10

    Extract:

    The Tribunal considers that the material injury suffered by the complainant will be fairly redressed by ordering the OIE to pay him the equivalent of the salary and various indemnities which he would have received if he had been in service from 1 October 2015 until the end of his fixed-term contract on 11 September 2016, net of any substitute income and income from employment received during that period. The Organisation will also be required to pay him the equivalent of the pension contributions that it would have had to pay for him during the same period. All these amounts shall bear interest at the rate of 5 per cent per annum as from the date on which they fell due until the date of their payment, but an order for the payment of compound interest is not warranted.

    Keywords:

    material damages;



  • Judgment 4229


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former staff member of the World Food Programme, challenges the decision to maintain the decision not to renew his contract, and to award him material and moral damages instead of reinstatement.

    Consideration 4

    Extract:

    Notwithstanding the setting aside of the impugned decision, the Tribunal considers that the award of 70,000 euros, which the Organization paid to the complainant for the lost opportunity to be considered for renewal, was reasonable. Accordingly, it will be unnecessary to award him any further sum in this regard. Although in the impugned decision the Director-General purported to ďset asideĒ the decision not to renew the complainantís fixed-term contract, the fact remains that the complainant was separated from service without a valid reason and was not reinstated. It is perhaps this, above all, that justifies the significant amount of damages awarded to him by the Director-General. There is no other basis for awarding further damages for the invalid 2012 PACE appraisal report and the unlawful decision not to renew the complainantís appointment.

    Keywords:

    fixed-term; formal flaw; loss of opportunity; material damages; non-renewal of contract; performance report; procedural flaw;



  • Judgment 4228


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject his request for compensation for loss of earnings allegedly caused by a service-incurred injury.

    Consideration 2

    Extract:

    The present complaint hinges primarily on a question of law: whether or not the complainant is entitled to compensation for loss of earnings under the FAO Manual Section 342 on Compensation for Death, Injury or Illness. The Tribunal is satisfied that the complainant is not entitled to compensation for loss of earnings; he is only entitled to the salary and allowances provided by his contract with the FAO plus the reimbursement of his medical expenses stemming from his service-incurred injury, which he received in full.

    Keywords:

    injury; loss of earnings; material damages; service-incurred;



  • Judgment 4207


    129th Session, 2020
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director Generalís decision to endorse the conclusion of the Office of Internal Oversight Services that it was unable to make a conclusive determination on her sexual harassment claim and to reject her related request for damages.

    Consideration 22

    Extract:

    As the complainant has not provided information in support of her request for material damages, this claim for relief will be dismissed.

    Keywords:

    material damages;



  • Judgment 4170


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her performance reports for the 2010-2011 biennium and the decisions to defer her within-grade salary increment until 1 February 2012, to withhold that increment on that date and to not renew her fixed-term appointment for unsatisfactory service.

    Consideration 15

    Extract:

    [T]he complainant has no grounds for claiming the payment of all the emoluments which she would have received until she reached retirement age, as the renewal of her fixed-term appointment would by no means have guaranteed that the Organization would have continued to employ her until the end of her career.
    However, in this case, the Tribunal finds that the material injury suffered by the complainant shall be fairly redressed by ordering UNESCO to pay her the equivalent of the salary and allowances of all kinds which she would have received had her contract been renewed for a period of two years starting from 3 January 2013, under the same conditions as previously applied, net of the amount she received in lieu of notice and of any occupational earnings she may have received during that period. The Organization shall also pay her the equivalent of the pension contributions that it would have had to pay during the same period. All these amounts shall bear interest at the rate of 5 per cent per annum as from the date on which they fell due until the date of their payment.

    Keywords:

    material damages;



  • Judgment 4138


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 50

    Extract:

    It is necessary to consider what is the appropriate relief. In a number of cases in which the complainants have established that a decision to adjust salaries was unlawful, the order of the Tribunal has been to set aside the impugned decision and to remit the matter to the organization to consider the matter afresh and make a new decision (see, for example, Judgments 1821, consideration 11, and 3324, considerations 22 and 23). However, in the present case, the unlawfulness of the administrationís decision flowed from the unlawfulness of the decision of the ICSC. The decisions to implement ICSC/CIRC/PAC/518 and ICSC/CIRC/PAC/522 are unlawful. WIPO cannot, by a new decision, render the ICSCís decisions lawful. Accordingly, WIPO should be ordered to reinstate the applicable PAM in place immediately before the decision to reduce salaries was taken and pay the complainants the salary lost between then and the time the PAM is reinstated, together with interest.

    Reference(s)

    ILOAT Judgment(s): 1821, 3324

    Keywords:

    compensation; icsc decision; material damages; post adjustment;



  • Judgment 4137


    128th Session, 2019
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 42

    Extract:

    It is necessary to consider what is the appropriate relief. In a number of cases in which the complainants have established that a decision to adjust salaries was unlawful, the order of the Tribunal has been to set aside the impugned decision and to remit the matter to the organization to consider the matter afresh and make a new decision (see, for example, Judgments 1821, consideration 11, and 3324, considerations 22 and 23). However, in the present case, the unlawfulness of the administrationís decision flowed from the unlawfulness of the decision of the ICSC. The decisions to implement ICSC/CIRC/PAC/518 and ICSC/CIRC/PAC/522 are unlawful. The ITU cannot, by a new decision, render the ICSCís decisions lawful. Accordingly, the ITU should be ordered to reinstate the applicable PAM in place immediately before the decision to reduce salaries was taken and pay the complainants and interveners the salary lost between then and the time the PAM is reinstated, together with interest.

    Reference(s)

    ILOAT Judgment(s): 1821, 3324

    Keywords:

    compensation; icsc decision; material damages; post adjustment;



  • Judgment 4136


    128th Session, 2019
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 42

    Extract:

    It is necessary to consider what is the appropriate relief. In a number of cases in which the complainants have established that a decision to adjust salaries was unlawful, the order of the Tribunal has been to set aside the impugned decision and to remit the matter to the organization to consider the matter afresh and make a new decision (see, for example, Judgments 1821, consideration 11, and 3324, consideration 22). However, in the present case, the unlawfulness of the administrationís decision flowed from the unlawfulness of the decision of the ICSC. The decisions to implement ICSC/CIRC/PAC/518 and ICSC/CIRC/PAC/522 are unlawful. IOM cannot, by a new decision, render the ICSCís decisions lawful. Accordingly, IOM should be ordered to reinstate the applicable PAM in place immediately before the decision to reduce salaries was taken and pay the complainants and interveners the salary lost between then and the time the PAM is reinstated, together with interest.

    Reference(s)

    ILOAT Judgment(s): 1821, 3324

    Keywords:

    compensation; icsc decision; material damages; post adjustment;



  • Judgment 4135


    128th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 49

    Extract:

    It is necessary to consider what is the appropriate relief. In a number of cases in which the complainants have established that a decision to adjust salaries was unlawful, the order of the Tribunal has been to set aside the impugned decision and to remit the matter to the organization to consider the matter afresh and make a new decision (see, for example, Judgments 1821, consideration 11, and 3324, considerations 22 and 23). However, in the present case, the unlawfulness of the administrationís decision flowed from the unlawfulness of the decision of the ICSC. The decisions to implement ICSC/CIRC/PAC/518 and ICSC/CIRC/PAC/522 are unlawful. WHO cannot, by a new decision, render the ICSCís decisions lawful. Accordingly, WHO should be ordered to reinstate the applicable PAM in place immediately before the decision to reduce salaries was taken and pay the complainants and interveners the salary lost between then and the time the PAM is reinstated, together with interest.

    Reference(s)

    ILOAT Judgment(s): 1821, 3324

    Keywords:

    compensation; icsc decision; material damages; post adjustment;



  • Judgment 4134


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 50

    Extract:

    It is necessary to consider what is the appropriate relief. In a number of cases in which the complainants have established that a decision to adjust salaries was unlawful, the order of the Tribunal has been to set aside the impugned decision and to remit the matter to the organization to consider the matter afresh and make a new decision (see, for example, Judgments 1821, consideration 11, and 3324, considerations 22 and 23). However, in the present case, the unlawfulness of the administrationís decision flowed from the unlawfulness of the decision of the ICSC. The decisions to implement ICSC/CIRC/PAC/518 and ICSC/CIRC/PAC/522 are unlawful. The ILO cannot, by a new decision, render the ICSCís decisions lawful. Accordingly, the ILO should be ordered to reinstate the applicable PAM in place immediately before the decision to reduce salaries was taken and pay the complainants and interveners the salary lost between then and the time the PAM are reinstated, together with interest.

    Reference(s)

    ILOAT Judgment(s): 1821, 3324

    Keywords:

    compensation; icsc decision; material damages; post adjustment;



  • Judgment 4098


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to select him for a position for which he had applied.

    Consideration 6

    Extract:

    [T]he complainant did not advance any alternative submissions regarding the adequacy of th[e] amount [awarded by the Director-General in material damages]. Accordingly there is no reason to disturb this award.

    Keywords:

    amount; material damages;



  • Judgment 4097


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions to end her participation in the reassignment process and to terminate her fixed-term appointment further to the abolition of her post.

    Consideration 17

    Extract:

    [T]he complainant bears the evidentiary burden of establishing material damage (see, for example, Judgment 3778, consideration 4)[.]

    Reference(s)

    ILOAT Judgment(s): 3778

    Keywords:

    burden of proof; material damages;

    Consideration 17

    Extract:

    [T]he complainant did lose a valuable opportunity to secure and remain in employment in WHO because of the too narrowly focused reassignment process. While the value of that loss is difficult to quantify, it is nonetheless of value. [...]

    Keywords:

    loss of opportunity; material damages;



  • Judgment 4095


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish his post and to terminate his fixed-term contract.

    Consideration 3

    Extract:

    [...] In some cases the discrepancy between the amount claimed in an internal appeal and the amount claimed in the proceedings before the Tribunal sustains a conclusion that what is claimed in the latter proceedings is a new claim and irreceivable (see, for example, Judgment 3997, considerations 3 to 6). In other cases it might be difficult to characterise the claim for a larger amount in the Tribunal as a new claim. Nonetheless, in the absence of an explanation for the increased amount, the Tribunal has set its face against a complainant pursuing the larger amount (see, for example, Judgment 3419, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 3419, 3997

    Keywords:

    material damages; moral injury; new claim;



  • Judgment 4077


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU applies for interpretation and review of Judgment 3928 alleging errors of fact, inter alia, and asserts that it is impossible to give effect to the Tribunalís order to reinstate the complainant. The complainant applies for execution of Judgment 3928.

    Consideration 19

    Extract:

    With respect to the UPUís request that the Tribunal rescind its decision with respect to the complainantís reinstatement and award him material damages instead, there is no reviewable error that would allow the Tribunal to grant that request.

    Keywords:

    application for review; material damages; reinstatement;



  • Judgment 4069


    127th Session, 2019
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the direct appointment of Mr D. and Mr A. to two D-2 level posts.

    Consideration 8

    Extract:

    The complainant seeks an award of ďactual damages, with full retroactivity, all additional salary, benefits, entitlements, including step increases and pension contributions, and any other emoluments he would have received had he been selected for either of said posts and been promoted to grade D2, from 8 July 2014 (the date of the first irregular direct appointment) through his statutory date of [...] retirementĒ. There is no basis for such an award which, in effect, would be material damages. Such an award cannot be made on a mere expectation that his application for either post might have been successful. However, he is entitled to 4,000 euros in moral damages for the violation of his right to compete for the posts.

    Keywords:

    material damages; moral injury; selection procedure;



  • Judgment 4062


    127th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to renew her fixed-term contract on the grounds of unsatisfactory performance.

    Consideration 17

    Extract:

    The complainant, who is not asking to be reinstated within UNESCO, has however requested compensation for the material injury suffered as a result of the termination of her employment with the Organization.
    In this regard, the complainant has no grounds for claiming the payment of all the emoluments which she would have received until she reached retirement age, as the renewal of her fixed-term contract would by no means have guaranteed that the Organization would continue to employ her until the end of her career.

    Keywords:

    damages; fixed-term; material damages; non-renewal of contract;



  • Judgment 4058


    127th Session, 2019
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his fixed-term appointment for serious misconduct.

    Consideration 9

    Extract:

    The complainant is no longer working for the Organization. No order was sought by the complainant to remit the matter to the Organization to consider again whether the complainant was guilty of misconduct and, if found guilty, what sanction should be imposed in light of a finding of misconduct. Accordingly, no order remitting the matter will be made.

    Keywords:

    disciplinary measure; material damages;



  • Judgment 4047


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to impose on her with immediate effect the disciplinary measure of dismissal for serious misconduct.

    Consideration 15

    Extract:

    No order for reinstatement should be made because if the charges are proved beyond reasonable doubt, a new decision may be made to dismiss the complainant. Depending on what findings are made about the complainantís conduct by applying the appropriate standard of proof, dismissal might remain a proportionate response, and if it is, no issue of material damages would arise.

    Keywords:

    material damages; reinstatement;



  • Judgment 4004


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his appeal against the abolition of his post and the termination of his fixed-term appointment, which was filed after he had accepted a mutually agreed separation.

    Consideration 8

    Extract:

    The complainant seeks reinstatement, compensation for material and moral injury, and legal costs. The Tribunal is satisfied that reinstatement would raise practical difficulties because of the reorganization of the Registry and the time that has elapsed since the termination of his appointment. Therefore, the Tribunal finds it appropriate not to order reinstatement but it will award the complainant material damages in the amount of 180,000 euros, however deducting therefrom the 139,113.62 euros already paid to him. The Tribunal has taken into account all of the circumstances of the case in determining this amount, including the duration of the complainantís contract, the income he would have earned at the ICC, but has also taken into account the income he could have earned in other employment and the possibility that in due course his employment could have been terminated lawfully. The ICC shall also pay the complainant moral damages which, in the particular circumstances of this case, including the fact that the complainant resiled from the Separation Agreement he had voluntarily entered, will be set at 3,000 euros.

    Keywords:

    material damages; moral injury; reinstatement;



  • Judgment 3990


    126th Session, 2018
    ITER International Fusion Energy Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to terminate her fixed-term contract and to refuse to pay her the termination indemnity.

    Consideration 14

    Extract:

    The complainant does not seek reinstatement, nor will it be ordered by the Tribunal. However, she is entitled to material damages, though in relation to some relevant considerations there is a dearth of evidence. The Tribunalís assessment includes a consideration of the difference (on the pleas, the Organization does not contest there was a reduction in her earnings) between what she would have earned if her contract had not been terminated prematurely and the income she earned after taking up employment with the CEA some months later. Some allowance, however, should be made to the fact that the Organization may have been able, in due course, to lawfully terminate the complainantís contract [...]. Another factor in the mix when assessing material damages is the complainantís lost opportunity to secure further employment with the Organization after the expiry of her contract [...] and the loss of potential pension benefits.

    Keywords:

    material damages;

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Last updated: 31.07.2020 ^ top