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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 2935


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The complainant claims punitive damages. This claim may be summarily dismissed because it is tantamount to asking the Tribunal to make an example of the Organisation by obliging it to pay compensation exceeding the material and moral injury actually suffered by the complainant. Such a claim may be allowed only in exceptional circumstances, for instance where an organisation's conduct has been in gross breach of its obligation to act in good faith."

    Keywords:

    breach; compensation; complaint allowed; complaint allowed in part; good faith; material damages;



  • Judgment 2891


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The Tribunal finds that UNIDO failed to deal with the complainant's appeal in a timely and diligent manner. According to well-established case law, the Organization has a duty to maintain a fully functional internal appeals body. Further, "[s]ince compliance with internal appeal procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed" (see Judgment 2197, under 33). The complainant's appeal was filed on 10 September 2004 and the Director-General's decision to endorse the appeal in part was dated 11 March 2008. This represents a significant and unacceptable delay of approximately 42 months. This delay entitles the complainant to moral damages. However, having regard to the reason for the delay (mainly obstacles in the appeal procedure) and considering the Organization's subsequent steps to rectify the situation, the Tribunal does not consider that the delay warrants an award of exemplary damages."

    Reference(s)

    ILOAT Judgment(s): 2197

    Keywords:

    administrative delay; internal appeal; internal appeals body; material damages;



  • Judgment 2878


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Tribunal finds that the Organization failed to deal with the complainant's appeal in a timely and diligent manner as the internal appeal process lasted for approximately 21 months, which is unacceptable in view of the simplicity of the appeal which hinged primarily on a question of receivability (see Judgment 2841, under 9). Therefore the Tribunal awards the complainant 1,500 euros in damages."

    Reference(s)

    ILOAT Judgment(s): 2841

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; delay; internal appeal; material damages; organisation's duties; reasonable time; receivability of the complaint; time limit;



  • Judgment 2867


    108th Session, 2010
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "Although the Joint Appeals Board recommended that the complainant be reinstated in a post in the Global Mechanism, there is no evidence that her contract would have been renewed for the 2008- 2009 biennium. Accordingly, reinstatement will not be ordered. However, as the abolition of her post was the only reason advanced for the non-renewal of the complainant's contract and there is nothing to suggest that her contract would not otherwise have been extended for two years, she is entitled to material damages in the amount of salary and other benefits she would have received had her contract been renewed for a further two years, together with interest [...]."

    Keywords:

    abolition of post; complaint allowed; complaint allowed in part; extension of contract; legitimate expectation; material damages; non-renewal of contract; reinstatement; staff reduction;



  • Judgment 2843


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

    Considerations 4 and 6

    Extract:

    As a result of slipping on liquid in the Office's underground car park, the complainant suffered a fracture of the leg.
    "The complainant contends [...] that the Office breached the duty of care owed to its employees by failing to provide a safe work environment. He maintains that the Office was negligent in its cleaning and maintenance of the car park and claims that it should have been mopped instead of just swept on a weekly basis and that the security staff were not specifically trained to check for and report oil or water stains."
    "Given the nature of the premises, namely a car park, it cannot be concluded that it was reasonable for the Office to take measures in addition to those that were in place at the time of the accident. In particular, it cannot be concluded that it should have arranged for the mopping rather than the sweeping of the floors. Moreover, it has not been established that, even if additional measures had been taken, they would have eliminated the risk of injury. Accordingly, negligence has not been established and the complaint must be dismissed."

    Reference(s)

    ILOAT Judgment(s): 435, 2533, 2804

    Keywords:

    general principle; invalidity; liability; material damages; organisation's duties; professional accident; service-incurred;



  • Judgment 2841


    107th Session, 2009
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 9

    Extract:

    "The Tribunal is of the opinion that the complaint is irreceivable."
    "However, the Tribunal finds that the Organization failed to deal with the complainant's appeal in a timely and diligent manner. According to well established case law, '[s]ince compliance with internal appeal procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed' (see Judgment 2197, under 33). In the present case, the internal appeal process lasted for approximately 18 months which is unacceptable in view of the simplicity of the appeal which hinged primarily on a question of receivability. The Tribunal therefore awards the complainant 1,500 euros in damages."

    Reference(s)

    ILOAT Judgment(s): 2197

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; delay; internal appeal; material damages; moral injury; organisation's duties; time limit;



  • 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; complaint allowed; complaint allowed in part; due process; injury; material damages; material injury; procedure before the tribunal;



  • Judgment 2742


    105th Session, 2008
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 41

    Extract:

    The complainant contests the decision to reassign her to the post of Chief of the Internal Audit Service (IAS) and asks to be reinstated in her former post. "Although the decision to reassign the complainant to the post of Chief of IAS was taken without authority, it does not follow that she should be reinstated in her former post. That post was lawfully abolished [...]. However, she is entitled to substantial damages notwithstanding that her reassignment was to a post at the same grade."

    Keywords:

    abolition of post; complaint allowed; complaint allowed in part; consequence; decision; grade; material damages; post; procedural flaw; reassignment; reinstatement; request by a party; same;



  • Judgment 2732


    105th Session, 2008
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "Although the decision [to terminate the complainant's appointment during her probationary period] must be set aside, in view of the circumstances it is not clear that, even if she had been given a proper warning and an opportunity to improve, her appointment would have been confirmed. However, as a result of the Organization's actions she lost a valuable opportunity to improve and demonstrate her suitability for the position and to have her contract considered in that light. The loss of that opportunity warrants an award of material damages in the amount of 15,000 euros."

    Keywords:

    complaint allowed; complaint allowed in part; contract; decision; decision quashed; duty to inform; good faith; injury; material damages; non-renewal of contract; organisation's duties; probationary period;



  • Judgment 2678


    104th Session, 2008
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "Although the impugned decision must be set aside, it does not follow, as claimed by the complainant, that he is entitled to material damages on the basis that his contract should have been renewed [...]. A fixed-term contract carries no right to renewal. Moreover, there is no basis for assuming that a proper evaluation and review of the complainant's performance [...] would have resulted in any extension of his contract. However, he lost a valuable opportunity to have the question of renewal considered on the basis of a proper review of his performance [...]. The loss of that opportunity warrants an award of material damages in the amount of 7,500 euros."

    Keywords:

    compensation; complaint allowed; complaint allowed in part; condition; contract; decision; extension of contract; fixed-term; injury; legitimate expectation; material damages;



  • Judgment 2533


    101st Session, 2006
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "It is common for a mature legal system to provide compensation on a 'no fault' basis to employees who suffer workplace injuries; the law of the international civil service can do no less."

    Keywords:

    applicable law; complaint allowed; complaint allowed in part; general principle; handicapped person; international civil service principles; invalidity; material damages; official; organisation's duties; professional accident; service-incurred;



  • Judgment 2457


    99th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Organisation contends that the claims for damages are irreceivable because they were put forward in this specific manner for the first time in the complaint. However, it appears from the submissions that the request concerning damages had in fact been made in the course of the internal appeal procedure, albeit only orally and in general terms. [...] The Tribunal therefore considers that, in accordance with the case law (see in particular Judgment 2360), the claims for damages are receivable."

    Reference(s)

    ILOAT Judgment(s): 2360

    Keywords:

    appraisal of evidence; breach; case law; claim; complaint; complaint allowed; complaint allowed in part; evidence; formal requirements; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; procedure before the tribunal; receivability of the complaint; request by a party;



  • Judgment 2306


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

    Considerations 10 and 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; complaint allowed; complaint allowed in part; 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;



  • Judgment 2197


    94th Session, 2003
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 33

    Extract:

    "Since compliance with internal appeal procedures is a condition precedent to access to the tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed. Here, while the [Joint Appeals] Board, once the meetings had started, came to its conclusion fairly quickly, there can be no valid excuse to justify the delay of over twenty months between the filing of the internal appeal and the start of the hearings. No doubt some of this was due to the complainant herself and the long convoluted and complicated nature of her pleadings, which frequently contradict themselves, but [the organization] cannot escape responsibility for the inordinate amount of time taken." The Tribunal awards 3 000 euros in damages.

    Reference(s)

    ILOAT Judgment(s): 2072

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; delay; internal appeal; internal appeals body; internal remedies exhausted; material damages; moral injury; oral proceedings; organisation's duties; staff member's duties;



  • Judgment 2190


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is incomprehensible that no internal administrative investigation was conducted following an accident which involved a [...] vehicle [of the organization] driven by an employee of the organization in the context of an official mission, and which caused the death of two passengers, one of whom was a [...] staff member [of the organization], as well as the serious injuries suffered by the complainant. The fact that the Namibian authorities opened their own enquiry could not in any way exempt the organization from ascertaining whether the condition of the vehicle, the preparation of the mission and, more generally, the circumstances of the accident revealed any administrative failure, the consequences of which it would have a duty to bear. [...] There is no evidence to suggest that any internal enquiry whatsoever was conducted in connection with this accident. This failure caused the complainant an injury which the Tribunal considers to be equitably compensated by an award of 5,000 United States dollars."

    Keywords:

    complaint allowed; complaint allowed in part; injury; inquiry; material damages; member state; misconduct; moral injury; omission; organisation's duties; professional accident; service-incurred;



  • Judgment 2116


    92nd Session, 2002
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "A staff member who files an appeal is entitled to expect a decision to be taken within a reasonable time. Since an internal appeal is a necessary prelude to judicial review, the organization too must respect the need for expeditious proceedings. In this case more than two-and-a-half years elapsed between the complainant's appeal to the Appeals Committee and the Director-General's decision to reject it. Circumstances and the nature of the case demanded an expeditious appeal procedure. Since, in the internal appeal, the complainant was challenging a decision not to keep her on and claiming reinstatement, she needed to know quickly what the outcome of the appeal would be. Indeed, her future to some extent depended on it. Though it raised some delicate issues, the case was not particularly complex. The conclusion is that the appeal was not sufficiently expeditious. The amount of time usually needed to deal with such a case was far exceeded. As a result the complainant suffered injury warranting redress."

    Keywords:

    complaint allowed; complaint allowed in part; contract; delay; exception; internal appeal; internal appeals body; material damages; moral injury; non-renewal of contract; organisation's duties; reasonable time; staff member's interest; time limit;

    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; complaint allowed; complaint allowed in part; 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 2096


    92nd Session, 2002
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The complainant seeks her reinstatement, but the Tribunal finds this remedy inappropriate, particularly since the post that she held has been abolished. It is therefore bound to award damages in compensation for the material and moral prejudice arising out of the unlawful decision not to renew her fixed-term contract. Taking into account all the circumstances of the case, and particularly the fact that the complainant was not entitled to the automatic renewal of her contract, the Tribunal sets the compensation due at 40,000 United States dollars.

    Keywords:

    compensation; material damages; reinstatement;



  • Judgment 1942


    88th Session, 2000
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "A general principle of law [...] has it that for a claim for damages to be entertained, the complainant must provide evidence of the actual injury and of a causal link between the unlawful act and the injury suffered."

    Keywords:

    burden of proof; cause; evidence; general principle; injury; material damages; moral injury;



  • Judgment 1904


    88th Session, 2000
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    When the Tribunal gives an organisation the choice to either reinstate a complainant or pay damages, and the organisation chooses to pay damages, it does not have to pay the contributions of the pension fund or the staff health insurance.

    Keywords:

    allowance; contributions; illness; insurance; judgment of the tribunal; material damages; pension; reconstruction of career; reinstatement; unjspf;



  • Judgment 1888


    87th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The Tribunal's jurisdiction is limited to the review of administrative decisions taken by international organisations affecting the employment conditions of their employees. Where such decisions are found to be reviewable and where they have caused harm, the Tribunal will exercise its jurisdiction to order reparation thereof. The Tribunal is not, however, a civil court of general jurisdiction in matters of delict and contract. Even where they may be causally related to injury suffered by someone, prejudice and malfeasance do not give rise to a claim for damages before the Tribunal unless they can be related to a specific administrative decision which has become final and against which the complainant has exhausted all available internal remedies."

    Keywords:

    bias; compensation; competence of tribunal; contract; decision; injury; internal remedies exhausted; judicial review; limits; material damages; moral injury; staff regulations and rules;

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Last updated: 02.07.2020 ^ top