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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 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 benefits;



  • 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;



  • Judgment 3588


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of damages awarded by WHO following his internal appeal against the decision not to match him to a new position after the abolition of his post and to terminate his appointment.

    Consideration 10

    Extract:

    "[T]he HBAís recommendation that the complainant be awarded his P5 salary, including all benefits, entitlements and compensation for home leave as of [...] until the expiration of his P5 fixed-term contract [...] was an appropriate approach to the material damages which should have been awarded to the complainant. From that amount should be deducted any monies earned from other employment during that period. The complainant says there was none. However this assessment of the material damages would not include the WHO component of the health insurance contribution payable over that period nor the amounts which otherwise would have been payable by way of pension contributions (see, for example, Judgment 3153, under 4-6)."

    Reference(s)

    ILOAT Judgment(s): 3153

    Keywords:

    material damages; material injury;

    Consideration 11

    Extract:

    "[B]ecause the complainant was not appointed to the new P4 position, he lost the valuable benefit of furthering his career in WHO for which he is entitled to material damages."

    Keywords:

    material damages; material injury;



  • Judgment 3436


    119th Session, 2015
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Following the abolition of her post in the context of the CTA restructuring, the complainant successfully impugns the decision to terminate her appointment.

    Consideration 12

    Extract:

    [I]f the CTA considers, in view of its staff complement and budgetary resources, that it cannot actually reinstate the complainant, it shall have to pay her material damages for her unlawful removal from her post. [...] The CTA will [...] be ordered to pay the complainant the equivalent of the salary and allowances of all kinds which she would have received had her contract remained in force for a period of five years [...], less the compensation she received on termination of her contract and any remuneration she may have received during this period. The Centre must also pay the complainant the equivalent of the contributions to pension, provident or social security schemes which it would have had to bear during the same period.

    Keywords:

    material damages; material injury; reinstatement;



  • Judgment 3409


    119th Session, 2015
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal awarded the complainants material and moral damages stemming from IFAD's unlawful decisions and violation of its duty of care.

    Consideration 13

    Extract:

    "As the complainants lost a valuable opportunity to have their contracts renewed in positions other than the abolished positions, the Tribunal awards them material damages in the amount they would have earned at their respective grades for one year [...] including all allowances, benefits and entitlements, less any amounts already received by way of salary and emoluments from any other employment for that period, plus monthly interest of 5 per cent from the date of separation to the date of final payment. The Tribunal awards them moral damages stemming from the unlawful decisions and IFADís violation of its duty of care and failure to respect their dignity [...]. The Tribunal does not see any justification for an award of exemplary damages so that claim is dismissed."

    Keywords:

    material damages; material injury; moral injury;



  • Judgment 3332


    118th Session, 2014
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution following the Administrationís decision that the award of a disability pension compensated her for the Tribunalís award of material damages.

    Consideration 6

    Extract:

    "The delay in paying the material damages was due to the IAEA seeking clarification regarding the complainantís unique situation and that delay cannot be considered unreasonable or excessive under the circumstances."

    Keywords:

    application for execution; delay; material damages;



  • Judgment 3329


    117th Session, 2014
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to renew his contract after he refused to be reassigned, and obtains its quashing on the ground that this decision was tantamount to a hidden disciplinary measure.

    Considerations 13-14

    Extract:

    Given the specific circumstances of this case, the Tribunal will not [...] order the complainantís reinstatement in the Organization. Indeed, reinstatement would be inappropriate, as the complainant himself acknowledges in his written submissions, when he states that it would be ďimpossible for [him] to be reinstated now that so much time has elapsedĒ. There is however reason to grant the complainant compensation for the damages ensuing from the unlawful nature of the impugned decision.

    Keywords:

    material damages; reinstatement;



  • Judgment 3290


    116th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.

    Consideration 35

    Extract:

    [A]s the Director-Generalís decision [...] confirming the termination of the complainantís appointment was based on relevant evidence not disclosed to the complainant as was the Regional Directorís earlier decision [...], they must be set aside, the latter to the extent that it relates to the complainantís separation from service. In view of the passage of time, reinstatement is not a viable option. However, the complainant is entitled to an award of damages [...].

    Keywords:

    material damages; reinstatement; separation from service;



  • Judgment 3282


    116th Session, 2014
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.

    Consideration 8

    Extract:

    Considering reinstatement could raise substantial practical difficulties because of the time that has elapsed since the complainantís separation from service, the complainant is ďentitled to full compensation for the material and moral injury he sustainedĒ (see Judgment 1386, under 26).

    Reference(s)

    ILOAT Judgment(s): 1386

    Keywords:

    material damages; moral injury; reinstatement; separation from service;



  • Judgment 3238


    115th Session, 2013
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to terminate their appointments due to the abolition of their posts following a restructuring.

    Considerations 19-20

    Extract:

    In view of the nature and length of the complainantsí appointments, the Tribunal will order the CDE to reinstate them in the Centre, to the full extent possible, as from the date on which their dismissal took effect, [...] with all the legal consequences that this entails.
    However, if the CDE considers, in view of its staff complement and budgetary resources, that it cannot actually reinstate the complainants, it shall have to pay them material damages for their unlawful removal from their posts. In this connection, the complainants have no grounds for claiming the payment of all the emoluments which they would have received until they reached retirement age because, although their contracts were concluded for an indefinite period of time, they did not guarantee them an appointment with the Centre until the end of their careers, having regard to the latterís very difficult financial situation.

    Keywords:

    material damages; reinstatement;



  • Judgment 3215


    115th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complainant did not exhaust internal remedies concerning her claim of harassment and failed to prove negligence on the part of IAEA, the Tribunal dismissed her complaint.

    Consideration 12

    Extract:

    "As discussed in Judgment 2804, negligence is the failure to take reasonable steps to prevent a foreseeable risk of injury. Liability in negligence is occasioned when the failure to take such steps causes an injury that was foreseeable. A person seeking damages for negligence bears the burden of establishing the factual foundation on which the claim is based."

    Reference(s)

    ILOAT Judgment(s): 2804

    Keywords:

    burden of proof; evidence; general principle; injury; liability; material damages; negligence; organisation's duties; professional accident; service-incurred; working conditions;



  • Judgment 3198


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks the withdrawal from his personal file of the warnings concerning his productivity.

    Consideration 25

    Extract:

    "According to the case law of the Tribunal, no damages will be ordered where a decision does not hamper a career and the matter which was complained of has been withdrawn (see Judgment 1380, under 11)."

    Reference(s)

    ILOAT Judgment(s): 1380

    Keywords:

    decision; evidence; lack of evidence; lack of injury; material damages; moral injury; no cause of action; professional injury; withdrawal of decision;



  • Judgment 3166


    114th Session, 2013
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant alleges that he suffered harassment, mobbing and defamation on the part of his supervisors.

    Considerations 18 and 19

    Extract:

    "[T]he JAC made a finding of procedural irregularities in relation to the consideration of the complainantís grievances. It recognised, as this Tribunal has stated, that an organisation has a duty to its staff members to investigate claims of harassment (see Judgment 3071). This conclusion would have warranted consideration of a remedy. However, the JAC adopted the approach, accepted by the Secretary General, that the Federation had ďacted in the [complainantís] favourĒ because the contract of [the alleged harasser], amongst others, had not been renewed.
    The non-renewal of [that person]ís contract did not involve a vindication of the complainantís rights. Ordinarily, the mechanism for addressing the violation of a personís rights is to award compensation to the aggrieved person or to make an order restoring the person to the position he or she would have been in but for the violation. The nonrenewal of the contract of a person who had violated a complainantís rights may, of course, provide moral comfort to the complainant. However, the task of the Secretary General is to determine a response in relation to a grievance formally raised and established which remedies the effect of the proven violation of rights. The non-renewal of a contract, such as occurred in the present case, does not serve this purpose."

    Reference(s)

    ILOAT Judgment(s): 3071

    Keywords:

    advisory body; claim; compensation; complaint allowed; complaint allowed in part; contract; decision; executive head; harassment; injury; material damages; moral injury; non-renewal of contract; organisation's duties; procedural flaw;



  • Judgment 3154


    114th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The ITU applies for interpretation of paragraph 2 of the decision in Judgment 2958 concerning the definition of "gross salary" for the calculation of termination indemnity.

    Consideration 6

    Extract:

    "The ordinary meaning of 'gross salary' is the full amount of a staff memberís regular remuneration including allowances, overtime pay, commissions and bonuses, and any other amount usually paid, before any deductions are made. In context, the notion of 'gross salary' was chosen to indicate the base salary prior to the staff deduction, plus all allowances and benefits. This interpretation is consistent with the fact that the award of damages had to be the equivalent of reinstatement and that the express purpose was to compensate the complainant for the time he 'should have worked with the Union'."

    Keywords:

    amount; application for interpretation; compensation; gross salary; interpretation; judgment of the tribunal; material damages;



  • Judgment 3137


    113th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    [T]he time that has now elapsed makes it impractical to order the complainantís reinstatement. However, he is entitled to material damages that take account of what would have happened had he not been dismissed. In this regard, the complainant contends that his contract was extended for a further period of two years on 31 July 2007. Although there was a recommendation to that effect, the evidence indicates, as claimed by WHO, that it was only renewed until 9 November 2007. Had the matter been properly considered at that time, it may well have resulted in a finding of negligence, but not of misconduct. In these circumstances, it is likely that his contract would only have been extended until 31 July 2008 but with a prospect of further extension if his performance proved satisfactory in that period. Given that his previous performance had been rated highly, there was a good chance that it would be satisfactory and his contract then renewed. That being so, the complainant lost not only the salary and benefits he would have received until 31 July 2008, but also a valuable chance that his contract would then have been further extended. In the circumstances he is entitled to material damages equivalent to one yearís salary and other benefits from 10 November 2007 to 9 November 2008 had his contract not been terminated.

    Keywords:

    material damages; reinstatement;



  • Judgment 3134


    113th Session, 2012
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    [T]he loss sustained by the complainant consists of the difference between the payments which the UNJSPF would have made to him when he reached retirement age, if the Provident Scheme had transferred his accumulated entitlements to the Fund, and the benefits which the Fund will actually pay to him at that time. This loss has to be compensated by means of an indemnity corresponding to the capitalised amount of the supplementary pension which the complainant may have secured with an independent provident institution [...].

    Keywords:

    material damages; pension;



  • Judgment 3130


    113th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The complainant requests an award of 10,000 United States dollars for unreasonable delays in the internal appeal proceedings. The appeal before the Regional Board of Appeal lasted only nine months from the date of appeal [...] to the date of the decision by the Regional Director [...] to endorse the Boardís recommendation [...]. The complainantís appeal before the [Headquarters Board of Appeal] lasted just over 13 months from the date of appeal [...] to the decision by the Director-General [...]. Considering that the two appeals took less than two years to complete, the complainant cannot be considered to have suffered from inordinate delays meriting an award of damages. This is especially true considering that the two tiered appeal process has provided him with greater protection of his rights as a staff member."

    Keywords:

    administrative delay; claim; compensation; complaint allowed in part; date; decision; executive head; internal appeal; material damages; official; reasonable time; recommendation; refusal; right;



  • Judgment 3108


    113th Session, 2012
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    Having submitted his application in good faith, the complainant was entitled to have it considered on its merits and in a timely manner. While it cannot be said that the complainant's contract would have been extended, the Agency's lack of diligence in its consideration of its application effectively foreclosed any possibility to have his contract extended. In these circumstances, he is not entitled to an award of the salary and benefits which he would have received if his contract had been extended as he has claimed. However, he is entitled to moral damages for the flaws identified.

    Keywords:

    delay in internal procedure; material damages; moral injury; retirement age;

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Last updated: 02.07.2020 ^ top