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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 986


    67th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    Though the Tribunal "has held that the new scale [of pensionable remuneration] impairs the complainants' rights, it cannot now set the amount of their entitlements." Its ruling will therefore be one of principle.

    Keywords:

    amendment to the rules; amount; injury; material damages; pension; pensionable remuneration; reduction of salary; scale;



  • Judgment 972


    66th Session, 1989
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Decision

    Extract:

    The decision not to renew the complainant's contract is set aside. The Tribunal holds that in the circumstances reinstatement would not be advisable. It orders the organization to pay the complainant the equivalent of two years' salary as damages for material injury, 25,000 Swiss francs for moral injury and 10,000 Swiss francs as costs.

    Keywords:

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



  • Judgment 939


    65th Session, 1988
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was transferred without prior consultation of the Selection Board as required under Article 4.2(f) of the Staff Regulations. The Tribunal holds that the breach of procedure was minor, though it did cause the complainant injury. The Tribunal will therefore refrain from quashing the impugned decision and will order the organisation to pay the complainant damages and a further sum towards costs.

    Reference(s)

    Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS

    Keywords:

    consultation; costs; flaw; injury; material damages; organisation's duties; procedural flaw; selection board; transfer;



  • Judgment 922


    65th Session, 1988
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    In Judgment 868 the Tribunal quashed the decision to dismiss the complainant on the grounds of unsatisfactory performance and referred the case back to the Union. The organisation having merely confirmed its earlier decision without further inquiry, the new decision is set aside and "the Union shall pay the complainant damages equivalent to the sums he would have been paid had he remained on the staff from the date of his dismissal up to the date of this judgment."

    Reference(s)

    ILOAT Judgment(s): 868

    Keywords:

    amount; confirmatory decision; material damages; termination of employment; unsatisfactory service;



  • Judgment 907


    64th Session, 1988
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant "is not entitled to damages for his wife's loss of salary and pension rights. Even if proven, the injury would not be directly attributable to the unlawful decisions."

    Keywords:

    compensation; consequence; decision; injury; material damages; moral injury; termination of employment;



  • 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; flaw; material damages; medical certificate; misrepresentation; moral injury; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination of employment;



  • 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:

    conduct; downgrading; material damages; moral injury; professional injury; 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:

    disclosure of evidence; flaw; material damages; moral injury; 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; contract; disregard of essential fact; fixed-term; flaw; material damages; mistaken conclusion; moral injury; 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; 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:

    lack of evidence; material damages; moral injury; serious misconduct; termination of employment;



  • 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 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:

    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 of employment;



  • 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:

    material damages; mistaken conclusion; probationary period; termination of employment; 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 8-9

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

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Last updated: 23.11.2020 ^ top