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Material damages (693,-666)

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Keywords: Material damages
Total judgments found: 145

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  • Judgment 3929


    125th Session, 2018
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish her post and to terminate her appointment while she was on sick leave.

    Consideration 15

    Extract:

    In light of the above considerations, the decision to abolish the complainantís post was unlawful and must be set aside. The consequent termination of appointment, based on the unlawful abolition of her post, must also be set aside. Considering the difficulties raised by the time elapsed and the subsequent restructuring of the UPU, the Tribunal shall not order reinstatement. Having regard especially to the complainantís age, qualifications, experience, and the length of time spent in the UPUís service, it is reasonable to award her material damages for the loss of opportunity to continue working with the UPU until her retirement age in an amount equal to 30 monthsí gross salary with reference to her last monthís gross salary. The UPU must also pay the complainant the equivalent of the employerís contribution that would have been due to the Provident Fund during those 30 months.
    The complainant is also entitled to an award of moral damages, including for the failure to properly assess her illness, which the Tribunal will set at 30,000 Swiss francs.

    Keywords:

    material damages; moral damages; permanent; reinstatement;



  • Judgment 3922


    125th Session, 2018
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to offer her a three-month renewal of her contract and to reject the claims she made with respect to her performance evaluation for 2012, the reclassification of her post, the length of her last contract and her allegations of harassment, retaliation and intimidation.

    Consideration 26

    Extract:

    Regarding the complainantís request for reinstatement, it was stated, in Judgment 3353, consideration 35, for example, that this will be ordered only in exceptional cases. Inasmuch as the complainantís post no longer exists, that request is not practicable. However, she will be awarded, by way of material damages, the amount of 40,000 Swiss francs, additional to the amount which the Fund awarded her ex aequo et bono, for the loss of the valuable opportunity to have had her contract renewed.

    Reference(s)

    ILOAT Judgment(s): 3353

    Keywords:

    material damages; reinstatement;



  • Judgment 3918


    125th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.

    Consideration 5

    Extract:

    [T]he Director-General accepted in her decision of 17 June 2015 that the complainant had lost an opportunity to be reassigned to another position within the Organization because of a failure, in the reassignment process, to consider the complainant for one of two specified positions. This is not contested by WHO in its reply. The Tribunalís case law establishes that, in such circumstances, a complainant is entitled to material damages (see, for example, Judgments 3756, consideration 14, 3755, consideration 20, 3754, consideration 21, 3753, considerations 15 and 17, and 3752, consideration 17). [...] At the time of the complainantís termination of appointment, he had approximately five years remaining employment under his continuing appointment, was 55 years old and had served as an official of WHO for a little over 30 years. These factors influence the assessment of the material damages, particularly the fact that the complainant was some considerable time off retiring. The Tribunal assesses the material damages for this lost opportunity in the sum of 80,000 United States dollars.

    Reference(s)

    ILOAT Judgment(s): 3752, 3753, 3754, 3755, 3756

    Keywords:

    abolition of post; loss of opportunity; material damages; termination;



  • Judgment 3908


    125th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish his post and terminate his appointment.

    Consideration 21

    Extract:

    The complainantís appointment, but for the abolition of his post, was due to expire on 13 March 2017. In those circumstances it is inappropriate to order the complainantís reinstatement. Nonetheless he is entitled to moral and material damages for the ICCís failure in its duty of care towards him to take adequate steps to find him a new position on the abolition of his existing position and unlawfully terminating his employment.

    Keywords:

    fixed-term; material damages; reinstatement;



  • Judgment 3907


    125th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.

    Consideration 29

    Extract:

    The Tribunal will award the complainant material damages in the amount of 220,000 euros, less the amount paid to her as a termination indemnity. 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 she would have earned at the ICC, but has also taken into account the income she could have earned in other employment and the possibility that in due course her employment could have been terminated lawfully.

    Keywords:

    material damages;



  • Judgment 3871


    124th Session, 2017
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges WHOís refusal to reinstate him after the decision to dismiss him was set aside.

    Consideration 15

    Extract:

    Having regard in particular to the nature and duration of the appointment which the complainant formerly held, the Tribunal will order WHO to reinstate him, as far as possible, as from 8 March 2010, the date on which his dismissal took effect, with all the legal consequences that this entails.
    If, however, WHO considers, in view of its staff complement and the availability of budgetary funds, that reinstatement is impossible, it will have to pay the complainant damages for the material injury caused by his unlawful removal from his post.

    Keywords:

    material damages; reinstatement;



  • Judgment 3864


    124th Session, 2017
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to exceptionally extend her contract.

    Consideration 18

    Extract:

    The complainant has not sought to be reinstated, but she seeks material damages. The Tribunal determines that she is entitled to material damages for the loss of a valuable opportunity to have her contract extended and also to be compensated for the moral injury which the breach of the Commissionís rules caused her.

    Keywords:

    material damages;



  • Judgment 3861


    124th Session, 2017
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal to grant her flexible working arrangements during the breastfeeding period.

    Consideration 11

    Extract:

    In compensation for the financial injury which she suffered, the ICC will be ordered to pay the complainant the full remuneration which she would have received during her special leave [...].

    Keywords:

    material damages;



  • Judgment 3845


    124th Session, 2017
    African, Caribbean and Pacific Group of States
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment at the end of his probationary period.

    Consideration 10

    Extract:

    The complainant having withdrawn his claim for reinstatement, it suffices for the Tribunal to order compensation for the material damage and moral injury that he has suffered.
    Having regard especially to the complainantís age, his qualifications, his experience and the length of time that he spent in the ACP Groupís service, it is reasonable to award him damages under all heads equivalent to the salary and benefits that he would have received in the 24 months from [...] the date on which he left the organisation, less his professional earnings from other sources over that period. The ACP Group must also pay the complainant the equivalent of the employerís and employeeís contributions that would have been due to the Provident Fund if his employment had continued during that same period.

    Keywords:

    material damages; moral damages; reinstatement;



  • Judgment 3843


    124th Session, 2017
    ITER International Fusion Energy Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his contract at the end of his probationary period.

    Consideration 10

    Extract:

    The claim that the complainant suffered financial damage because of the abrupt termination of his five-year contract is unfounded. As the termination of the complainantís contract was lawful, he has no right to claim compensation for any financial damage stemming from that decision.

    Keywords:

    material damages;



  • Judgment 3756


    123rd Session, 2017
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former WHO staff member, challenges the decision to abolish his post and terminate his fixed-term appointment.

    Consideration 14

    Extract:

    Having regard, amongst other things, to the complainantís age, grade and the status of his employment (fixed-term appointment) and the circumstances giving rise to the flaw in the process identified in the reasoning of the Tribunal, the Tribunal will award material damages [...].

    Keywords:

    material damages;



  • Judgment 3755


    123rd Session, 2017
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his continuing appointment owing to the abolition of his position.

    Consideration 20

    Extract:

    [T]he impugned decision has caused the complainant not only [...] moral injury [Ö] but also material injury due to the loss of opportunity resulting from the shortcomings in the efforts to reassign him.

    Keywords:

    material damages;



  • Judgment 3754


    123rd Session, 2017
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former WHO staff member, challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.

    Consideration 21

    Extract:

    The complainant lost the opportunity of maintaining continuing employment and, in this respect, is entitled to material damages. Having regard, amongst other things, to the complainantís age, grade and the status of his employment (continuing appointment) and the circumstances giving rise to the flaw in the process identified in the reasoning of the Tribunal, the Tribunal will award material damages [...].

    Keywords:

    material damages;



  • Judgment 3753


    123rd Session, 2017
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former WHO staff member, contests the decision to terminate his fixed-term appointment pursuant to the abolition of his post.

    Consideration 17

    Extract:

    Having regard, amongst other things, to the complainantís age, grade and the status of his employment (fixed-term appointment) and the circumstances giving rise to the flaw in the process identified in the reasoning of the Tribunal, the Tribunal will award material damages [...].

    Keywords:

    material damages;

    Consideration 15

    Extract:

    The Tribunal concludes that the manipulation of the position description and the selection process denied the complainant a fair and reasonable opportunity to obtain an appointment to a new position as part of the restructuring process though the Tribunal acknowledges that there was no certainty he would have been appointed to a post [Ö]. Nonetheless he is entitled to significant material damages.

    Keywords:

    material damages;



  • Judgment 3752


    123rd Session, 2017
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former WHO staff member, challenges the decisions to abolish his post and to terminate his continuing appointment.

    Consideration 17

    Extract:

    Having regard, amongst other things, to the complainantís age, grade and the status of his employment (continuing appointment) and the circumstances giving rise to the flaw in the process identified in the reasoning of the Tribunal, the Tribunal will award material damages [...].

    Keywords:

    material damages;



  • Judgment 3726


    123rd Session, 2017
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her claim for compensation on account of labour exploitation and compulsory labour.

    Consideration 20

    Extract:

    [The Tribunal] can grant damages if it is not disputed that the complainant performed work beyond her current grade (see, for example, Judgment 3284, considerations 14 and 17). The Tribunal therefore determines that the complainant is entitled to material damages for the tasks that she performed above her G.5 grade, and that she is entitled to moral damages for the prejudice that she suffered by IOMís breach.

    Reference(s)

    ILOAT Judgment(s): 3284

    Keywords:

    grade; material damages; moral damages;



  • Judgment 3688


    122nd Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to abolish her post and to separate her from service.

    Consideration 32

    Extract:

    The complainant seeks an order that WHO should reinstate her to her post which was unlawfully abolished. It was however stated, in Judgment 3353, consideration 35, for example, that the reinstatement of a person on a fixed-term contract can be ordered in only exceptional cases. The circumstances in the present case are not of an exceptional character, but the complainant will be awarded 90,000 euros in material damages for the loss of a valuable opportunity to have her contract renewed, the loss of career opportunity as a result of the unlawful abolition of her post, and for WHOís failure to make reasonable efforts to reassign her under Staff Rule 1050.2.

    Reference(s)

    Organization rules reference: Staff Rule 1050.2
    ILOAT Judgment(s): 3353

    Keywords:

    abolition of post; loss of opportunity; material damages; reinstatement;



  • Judgment 3636


    122nd Session, 2016
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for execution of Judgment 3282.

    Consideration 3

    Extract:

    The Tribunal did not order the complainantís reinstatement in Judgment 3282, nor did it order ESO to grant him a ďnotional reinstatementĒ, i.e. to pay the amounts the complainant would have earned if he had had his contract renewed. As the Tribunal did not order his reinstatement, his contract expired on 31 December 2011. As noted above, the Tribunal limited the award of compensation to ďmaterial damages in the amount equivalent to two yearsí salary, including all benefits, entitlements and emoluments plus interest at a rate of 5 per cent per annum, less any amounts he has earned in that periodĒ. Had it been its intent, the Tribunal would have specifically awarded payment of the amount equivalent to the contributions for the complainantís pension and Health Insurance and Long Term Care Schemes. See, for example, Judgment 2621, consideration 5[.] Moreover, considering that access to the CERN Pension Fund requires a staff member to have a valid contract of employment, and that as of 1 January 2012 the complainant no longer had that status, it follows that he was not entitled to any contributions to the Pension Fund after the end of his contract on 31 December 2011.

    Reference(s)

    ILOAT Judgment(s): 2621, 3282

    Keywords:

    application for execution; material damages;



  • Judgment 3635


    122nd Session, 2016
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants have filed applications for execution of Judgment 3238.

    Consideration 6

    Extract:

    It is clear from the wording of that consideration [...] that the sums equivalent to the various social contributions listed therein were to be paid directly to the complainants, and not to the institutions which normally receive such contributions. Indeed, this is the approach usually taken by the Tribunal where, as in the present case, staff members whose dismissal has been set aside are not reinstated in the employer organisation, because the social contributions that are due to such institutions by virtue of an employment relationship are devoid of any basis once this relationship ends.

    Keywords:

    application for execution; material damages; social benefit;



  • Judgment 3594


    121st Session, 2016
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish her post and not to renew her fixed-term appointment.

    Consideration 12

    Extract:

    "[T]he Tribunal recognises that [the complainant] lost a valuable opportunity to have the question of her contract renewal properly considered on the basis of a decision on her application for a P-2 field post. Accordingly, the complainant is entitled to material damages for the loss of opportunity to be considered for a contract renewal (see Judgments 2678, under 16 and 17, and 2873, under 10)."

    Reference(s)

    ILOAT Judgment(s): 2678, 2873

    Keywords:

    material damages; material injury;

    Considerations 11-12

    Extract:

    [T]he decision not to renew [the complainant's] contract was taken in violation of the principle of equality.
    The complainant is not entitled to reinstatement or material damages on the basis that her contract should have been renewed, as a fixed-term contract carries no right to renewal.

    Keywords:

    equity; material damages; non-renewal of contract; reinstatement;

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Last updated: 19.09.2019 ^ top