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Material damages (693, 665,-666)

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Keywords: Material damages
Total judgments found: 150

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  • 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;



  • Judgment 3984


    126th Session, 2018
    African, Caribbean and Pacific Group of States
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The ACP Group has filed an application for review and interpretation of Judgment 3845.

    Consideration 12

    Extract:

    [T]he ACP Group has no right whatsoever to claim, as it apparently seeks to do in its application, that in the event of that professional earnings amount to more than the salary and benefits due to the complainant, he should pay the organisation the difference, since such a claim plainly has no basis in law.

    Keywords:

    material damages;



  • Judgment 3970


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to prolong his service beyond the mandatory retirement age.

    Considerations 11-12

    Extract:

    Although the complainantís request for a prolongation of his service was dismissed on the basis of irrelevant grounds, it cannot be said with certainty that the request would not have been rejected by the Administrative Council for another reason Ė assuming that the President had submitted a proposal in the complainantís favour Ė in view of the broad discretion exercised by that collective body in applying Article 54 of the Service Regulations to members of boards of appeal. Nevertheless, the complainant was indisputably deprived of a valuable opportunity to have his appointment prolonged, which was all the more significant in view of the Selection Committeeís proposal in his favour, and the loss of that opportunity warrants redress.
    In the light of these various considerations, the Tribunal finds, in the circumstances of the case, that the complainant must be awarded a sum equivalent to two yearsí remuneration, calculated on the basis of his final net salary before he left the EPO, less the amount of payments from various retirement pensions which he received in respect of the 24 months following his departure and any professional earnings during that same period.
    As this lump sum must be regarded as compensation for all material injury suffered by the complainant as a result of the refusal to prolong his service, there is no reason to grant the complainantís claims for a recalculation of his net pension benefit from the pension scheme for permanent employees of the Office.

    Keywords:

    age limit; loss of opportunity; material damages;

    Considerations 13-14

    Extract:

    The complainant also claims compensation for the material injury arising from the fact that he was informed too late of the dismissal of his request for a prolongation of his service to be able to cancel in a timely fashion the lease on his accommodation and the related telephone and Internet subscriptions.
    It must be observed in this respect that the procedure for considering requests by members of boards of appeal for a prolongation of service prescribed by Communiquť No. 2/08 of 11 July 2008 does not specify an exact time limit in which the competent authority must decide on a request submitted to it. Moreover, since such a request can be granted only on the condition that a prolongation of service is in the interest of the service, a decision can logically be taken only on a date sufficiently close to that on which the employee concerned will reach normal retirement age for that authority to be in a position to make an informed assessment of the advisability of such a prolongation in the light of that criterion (see [...] Judgment 3214, under 16).
    Nevertheless, it is incumbent on the Organisation, in view of its duty of care towards its employees, to ensure that members of boards of appeal who submit requests for their service to be prolonged are informed of the outcome thereof sufficiently far in advance to enable them to make adequate arrangements for their personal lives after they attain normal retirement age.
    [...]
    In this case, the complainant was not informed of the rejection of his request until 21 October 2014, 40 days before he was retired on 30 November.
    The evidence makes it plain that this did not allow him to terminate the lease for his accommodation and the abovementioned subscriptions in a timely fashion. [...] The EPO will therefore be ordered to pay the complainant the sum, in the duly substantiated amount of 2,005 euros, which he claims as compensation for the material injury which he suffered under this head.

    Reference(s)

    ILOAT Judgment(s): 3214

    Keywords:

    age limit; delay; extension beyond retirement age; material damages; refusal;



  • Judgment 3962


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to downgrade her, reassign her to another position and place her on an additional period of probation.

    Consideration 16

    Extract:

    The Tribunal is not satisfied that material damages should be awarded. A basis for awarding them has not been established by the complainant. It is quite possible that a decision properly made would have had the same result, at least financially, for the complainant. It would simply be speculation to conclude that the result, financially, would have been different.

    Keywords:

    material damages;



  • Judgment 3942


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reinstate her in her former position.

    Consideration 12

    Extract:

    The complainant seeks reinstatement but, given the effluxion of time, such an order would be inappropriate. However, in addition to the compensation already paid, the complainant is entitled to material damages for the lost opportunity of future and further employment beyond 12 months with UNESCO, which the Tribunal assesses in the sum of 40,000 dollars.

    Keywords:

    loss of opportunity; material damages; reinstatement;



  • 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 injury; permanent appointment; 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 of employment;



  • 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 injury; 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;

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Last updated: 23.11.2020 ^ top