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Material damages (693,-666)

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Keywords: Material damages
Total judgments found: 145

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  • Judgment 888


    64th Session, 1988
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. He claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. The complainant's dismissal was confirmed by the Chief of personnel. That decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. It was made without the complainant's having fully exercised his right to be heard." Because it is tainted with a procedural flaw, the decision is quashed and the Tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.

    Keywords:

    amount; complaint allowed; decision quashed; flaw; material damages; medical certificate; misrepresentation; moral damages; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination;



  • Judgment 843


    63rd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal holds that the transfer, later reversed, to a post three grades lower was unlawful. Although the complainant's attitude may not have been beyond reproach, he suffered moral injury and loss of reputation. Under the circumstances, the amount of compensation provided by the impugned decision is too small and the Tribunal increases it from the equivalent of two to six months' take-home salary.

    Keywords:

    complaint allowed; conduct; downgrading; material damages; moral damages; moral injury; professional injury; suspension; transfer;



  • Judgment 761


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The refusal by the EPO to return the complainant's documents for the purpose of permitting him to take steps to perfect his claim for reimbursement is unfair and the complainant is entitled to relief on the ground that he was improperly prevented from having an opportunity of submitting the appropriate documents in support of his claim."

    Keywords:

    complaint allowed; disclosure of evidence; flaw; material damages; moral damages; organisation; refund; refusal; removal expenses; request by a party;



  • Judgment 756


    59th Session, 1986
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Failing [...] reinstatement the complainant is entitled to be paid for the period during which she has not worked compensation equivalent to the sums she would have been paid if reinstated, the purpose being to safeguard the right to reinstatement."

    Keywords:

    abolition of post; amount; material damages; reinstatement; subsidiary;



  • Judgment 665


    56th Session, 1985
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The reason given for non-renewal of the complainant's contract was unsatisfactory performance. The evaluation report for 1981 was signed long after the time limit laid down in the Staff Rules. Only a few weeks elapsed between the completion of the 1981 report and the processing of the 1982 report. As a result, the impugned decision took no account of the fact that between the complainant's two last performance reports he was not given time to add his objections or to show he could come up to expectation. The decision overlooked an essential fact and drew clearly mistaken conclusions from the evidence. The complainant is entitled to damages.

    Keywords:

    administrative delay; complaint allowed; contract; disregard of essential fact; fixed-term; flaw; material damages; mistaken conclusion; moral damages; non-renewal of contract; performance report; right to reply; time limit; unsatisfactory service;



  • Judgment 643


    54th Session, 1984
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The Tribunal had ordered the organisation to pay as compensation a sum equal to "three times the total gross remuneration" paid in respect of a particular time period. "The Tribunal does not accept the organisation's argument that overtime is not part of the total gross remuneration; accordingly the deduction in respect of this item is unjustified."

    Reference(s)

    ILOAT Judgment(s): 507

    Keywords:

    amount; application for interpretation; complaint allowed; gross salary; interpretation; judgment of the tribunal; material damages; overtime;



  • Judgment 640


    54th Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1 and 4

    Extract:

    "The complainant was dismissed on the grounds of attempted theft of four wooden chairs from the organization. [...] In sum, the arguments in favour and against cancel each other out. The charge of attempted theft cannot therefore be taken as proven and the impugned decision is unlawful. The Tribunal will not order the reinstatement of the complainant, who has left the FAO. Instead it will award him compensation".

    Keywords:

    complaint allowed; decision quashed; lack of evidence; material damages; moral damages; serious misconduct; termination;



  • Judgment 628


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The decision not to renew the complainant's contract suffers from no procedural defects. The organisation concedes that the complainant's case was mishandled. The chairwoman of the staff union made a strong protest against the treatment of the complainant. The organisation acknowledged that the complainant had been put to unnecessary hardship and it offered him an indemnity equal to six months salary. The complainant claims 20,000 dollars as material compensation for moral damages and grave defamation of character. "This is quite disproportionate to the damage suffered by him. [...] The ILO's offer is fair, and a sum equivalent to six months' salary and family allowance [...] is reasonable compensation."

    Keywords:

    amount; contract; fixed-term; material damages; moral damages; moral injury; non-renewal of contract;



  • Judgment 620


    53rd Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant suffers from angina pectoris; he did not receive regular medical examinations. The organization's breach of its duty deprived him of an opportunity to take precautions against an illness which has impaired his work capacity. The complainant is entitled to damages. "The award cannot be the full amount which would have been due had [the illness] been attributable beyond peradventure to the performance of official duties. But the FAO is liable in damages for injury the complainant may have suffered."

    Keywords:

    complaint allowed; complaint allowed in part; illness; injury; material damages; medical examination; organisation's duties; service-incurred;



  • Judgment 609


    52nd Session, 1984
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1, 2 and 4

    Extract:

    "By [its] judgment, the Tribunal ordered the organization to pay to the complainant $40,000 as 'compensation for the unlawful termination of his contract' and also $6,000 as costs." The organization paid that sum to the complainant in execution of the said judgment. The complainant seeks reimbursement for any taxes he might have to pay on the sum. "No obscurity in the judgment is alleged or identified. [...] The argument does not attempt to bring the case within the very limited grounds on which the tribunal permits reconsideration or review." The complaint is dismissed.

    Reference(s)

    ILOAT Judgment(s): 523

    Keywords:

    application for interpretation; application for review; execution of judgment; inadmissible grounds for review; judgment of the tribunal; material damages; refund; tax;



  • Judgment 541


    49th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    When rendering his opinion, the organization's doctor took insufficient account of essential facts. "The complainant is therefore entitled to relief. The relief can take the form of re-instatement, which is one of the remedies sought by the complainant, or the payment of compensation, which is an alternative remedy sought. In the circumstances of this case, the latter solution appears more desirable [...]."

    Keywords:

    health reasons; material damages; reinstatement; subsidiary; termination;



  • Judgment 503


    48th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant, a dutyman, was dismissed at the end of the probationary period. The director took the view that there was personal incompatibility: there was no mistake of law. But there is no evidence that personal incompatibility made the team's work impossible. As the complainant has not asked for reinstatement, he shall receive compensation of 4,000 Deutschmarks with interest at the rate of 10 per cent from the date on which the complaint was filed.

    Keywords:

    complaint allowed; material damages; mistaken conclusion; probation; termination; working relations;



  • Judgment 480


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "As the Tribunal has said [...] in Judgment No. 431, the compensation generally awarded [upon non-renewal of contract] is less than the remuneration which the complainant would have received had he been reinstated. This is because he is not necessarily deprived of all means of livelihood."

    Reference(s)

    ILOAT Judgment(s): 427, 431

    Keywords:

    amount; application for execution; contract; fixed-term; material damages; non-renewal of contract; reckoning; salary;



  • Judgment 470


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    The applicable provision "does not state that the official whose post has been abolished shall be entitled to full compensation for the prejudice he has suffered. Instead it contains a schedule setting out the lump sums to be paid in compensation scaled according to years of service." As to the loss of pension rights, the material provision "does not grant the official who has lost his post any compensation over and above that which is prescribed in the schedule".

    Reference(s)

    Organization rules reference: ARTICLE 1050.4 F THE PAHO STAFF RULES

    Keywords:

    abolition of post; material damages; pension; pension entitlements; reduction; scale;



  • Judgment 469


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "It is true that the abolition of a post does not automatically terminate the holder's appointment and therefore does not automatically attract an indemnity under [the applicable rule]. Does this give the organization the option of terminating the appointment under another rule ? In the circumstances of this case it is unnecessary for the Tribunal to answer that question." It is the provision establishing an indemnity in the event of post abolition that is applicable in the instant case.

    Keywords:

    abolition of post; applicable law; complaint allowed; contract; decision quashed; fixed-term; material damages; non-renewal of contract;



  • Judgment 465


    47th Session, 1982
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    At the end of each period of employment there should be an opportunity to review the terms of the expiring contract. "A radical recasting of the terms might be treated as constituting a break of a kind warranting the grant of an allowance. Subject to review by the Tribunal, however, the organisation may, with due regard to its own interests and to the staff member's rights, offer new contractual terms [...] not every offer will be such that the staff member who declines it and leaves may claim the indemnity: it is all a matter of degree."

    Keywords:

    amendment to the rules; consequence; contract; material damages;



  • Judgment 448


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Because of the flaws in the decision [not to renew her contract] the Tribunal may either set it aside or award the complainant compensation. The former would mean reinstating her. From the written evidence it is clear that mutual trust between the complainant and the [Organization] has diminished to the point where it is unlikely that she can again be usefully employed. Her reinstatement is therefore inadvisable and the Tribunal will accordingly award compensation".

    Keywords:

    complaint allowed; contract; decision quashed; fixed-term; flaw; material damages; non-renewal of contract; reinstatement;



  • Judgment 436


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Under Article VIII of its Statute the Tribunal is entitled to award the complainant compensation for the injury caused to him. "For this purpose the Tribunal may under Article 11 of its Rules order such measures of investigation as it considers desirable. But it will not order an investigation merely for the sake of ascertaining the facts; the investigation must be in aid of some relief, such as reinstatement or compensation, which it is within the jurisdiction of the Tribunal to grant."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE;
    ARTICLE 11 OF THE RULES


    Keywords:

    competence of tribunal; condition; further submissions; iloat statute; injury; inquiry; material damages; moral damages; submissions;



  • Judgment 435


    45th Session, 1980
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2 (A)

    Extract:

    The complainant claimed compensation for bodily injury in an appeal submitted to the internal appeals board. He claims compensation for loss of earning capacity resulting from the same injury in his claim to the Tribunal. The principle that the facts relied on in the internal proceedings should be the same as those relied on in the complaint to the Tribunal has not been infringed. However, in the internal appeal he claimed compensation of 18,000 francs but is now asking the Tribunal to grant him a larger sum. Insofar as he is seeking compensation exceeding 18,000 francs his complaint is irreceivable.

    Keywords:

    amount; complaint; difference; incapacity; internal appeal; invalidity; material damages; new claim; receivability of the complaint;



  • Judgment 431


    45th Session, 1980
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Where a decision not to extend an appointment is improper the Tribunal generally awards compensation less than the amount of remuneration which the complainant would have received up to the end of a further appointment."

    Keywords:

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

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Last updated: 19.09.2019 ^ top