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Material damages (693,-666)

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Keywords: Material damages
Total judgments found: 145

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  • Judgment 427


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19 (B)

    Extract:

    The complainant's appointment was not renewed, that decision being contrary to the organization's interests. The Tribunal awards compensation in full based on the amount he would have earned through regular contract renewal. "The complainant asks also 'that the wrongful suspension from duty should not affect his pension rights.' The Tribunal is not competent to make an order in that form, but the complainant may claim compensation for loss or diminution of pension rights as for loss of salary and emoluments."

    Keywords:

    bias; competence of tribunal; contract; decision quashed; fixed-term; injury; material damages; non-renewal of contract; pension; pension entitlements; suspension;



  • Judgment 411


    44th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The chief element in the compensation to which complainant is entitled is the loss of the enjoyment of his job. "True, the new job was a 'comedown' and as such might have damaged him professionally if the damage had not already been done by the events recorded in Judgment No. 361: for such damage compensation has been paid."

    Reference(s)

    ILOAT Judgment(s): 361

    Keywords:

    injury; material damages; professional injury; transfer;



  • Judgment 402


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    As to loss of earning capacity on account of long-term invalidity, "there is no general principle by which compensation is restricted to the period of the employee's contract with the employer who is liable. It is quite usual for persons of pensionable age to seek further employment and there is no reason why a loss of earning capacity should not apply to that."

    Keywords:

    accident; compensation; complaint allowed; decision quashed; duration of appointment; incapacity; invalidity; material damages; period; retirement; service-incurred;

    Consideration 6

    Extract:

    "The compensation appropriate to a breach of contract is indemnification for loss actually incurred as a result of that particular breach; it cannot, unless the contract expressly so provides, be settled according to a general tariff."

    Keywords:

    accident; amount; compensation; liability; material damages; organisation; service-incurred;



  • Judgment 396


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Under any contract of appointment the organization, even in the absence of express provision, is bound to respect an official's dignity and reputation - in other words to beware of putting him needlessly in a difficult personal position. If the organization fails in that duty it may be ordered to pay compensation, even if there is no decision to be set aside [...] however, only for serious wrong likely to prove damaging to a staff member's career."

    Keywords:

    material damages; moral damages; no provision; organisation's duties; professional injury; respect for dignity;



  • Judgment 374


    42nd Session, 1979
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "iI is clear from the wording of [Judgment 306] that the 'one year's salary' to be paid in lieu of reinstatement is equivalent in the present instance to the salary which the complainant was receiving at the date when his appointment ended, i.e. the net salary which he was paid after deduction of tax at the source but including incidental allowances, and in particular post adjustment. There is no reason however to take account of any increment which he might have received had he remained on the staff."

    Reference(s)

    ILOAT Judgment(s): 306

    Keywords:

    allowance; amount; application for interpretation; complaint allowed in part; definition; increment; material damages; net salary; post adjustment; salary;



  • Judgment 359


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant's claims for damages are excessive. Since he had been informed that an extension of his contract gave him one "last chance", "he must have known that his position in [the organization] was precarious. The extensions of his appointment [...] were so short that he should have realised that he stood to lose his employment in a few months' time and that it would therefore be reasonable to look for employment outside [the organization]."

    Keywords:

    amount; contract; extension; fixed-term; material damages; non-renewal of contract; successive contracts;



  • Judgment 349


    40th Session, 1978
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 32

    Extract:

    The complainant was summarily dismissed for disrespectful conduct. His dismissal was out of proportion with the offence. "The Tribunal will not order the reinstatement of the complainant. This could create a difficult situation [...] for which the complainant's abrasive conduct would be partly to blame." Compensation must be substantial: he had indefinite employment in an excellent post and suffered serious economic losses from the loss of employment. "The Tribunal must however take account of the fact that while the complainant's employment with the organisation might have lasted for the rest of his working life, [he was thirty years of age at the time.] There is a risk that a man of his temperament might sooner or later have given just cause for dismissal."

    Keywords:

    amount; complaint allowed; conduct; contract; decision quashed; insubordination; material damages; misconduct; permanent; proportionality; termination;



  • Judgment 295


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The [organisation] was willing to sign the contract with the complainant as early as 1 October [...] the postponement to 21 October was due entirely to the attitude of the complainant, who of his own accord and for personal reasons delayed coming to [headquarters] [...] the [organisation], which did its utmost to have the complainant's contract ready by 1 October, was not to blame for any delay and was not at fault. The complainant alone was responsible for postponement of the signing of his contract to 21 October and on no grounds whatever can he properly claim any compensation in respect of the period prior to his appointment."

    Keywords:

    complainant; contract; date; delay; material damages; negligence; organisation;



  • Judgment 247


    33rd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    The Director General erred in law in treating the complainant's attitude towards an official as unsatisfactory service; he erred in law in concluding that at the material time, this official was the complainant's superior or supervisor; in concluding that the complainant was guilty of insubordination, he drew a clearly mistaken conclusion from the facts. "The decision [...] is quashed; the complainant [shall be] paid the increment due to him [...] with interest thereon at 6 per cent per annum."

    Keywords:

    amount; complaint allowed; conduct; decision quashed; flaw; increment withheld; insubordination; interest on damages; material damages; mistaken conclusion; supervisor; unsatisfactory service; working relations;



  • Judgment 234


    32nd Session, 1974
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[T]here can be no claim in respect of currency devaluation as such." But there can be a claim for compensation for the delay in payment. "In the circumstances of [the] case this compensation should be assessed as the diminution in the amount of rupees eventually received by the complainant, the diminution being due to the change in the rupee/dollar rate during the period of delay."

    Keywords:

    administrative delay; amendment to the rules; competence of tribunal; consequence; currency of payment; delay in payment; exchange rate; execution of judgment; injury; judgment of the tribunal; material damages; moral damages; receivability of the complaint;

    Considerations

    Extract:

    Judgment No. 195 ordered the payment of US $20,000 in respect of moral and material damage. The period comprising the delay in payment began one month after the notification of the judgment and ended on the date of payment. "The amount of compensation should be ascertained by taking the difference between the rates as quoted on the international exchanges on these two dates."

    Reference(s)

    ILOAT Judgment(s): 195

    Keywords:

    administrative delay; amendment to the rules; amount; exchange rate; injury; material damages; moral damages; payment; period;



  • Judgment 223


    31st Session, 1973
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The non-renewal decision having to be quashed for misuse of authority, account must be taken of material and moral damage and of the fact that the complainant could not have been retained in service beyond the age of 65. "It would therefore be a fair assessment of the circumstances as a whole to award [...] compensation in an amount of 35,000 Swiss francs, less the sum already granted to him by [the organisation]."

    Keywords:

    age limit; amount; complaint allowed; contract; criteria; decision quashed; fixed-term; material damages; misuse of authority; moral damages; non-renewal of contract; retirement;



  • Judgment 203


    30th Session, 1973
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The decision is quashed. The complainant's reinstatement would be inadvisable. "[H]aving regard to all the circumstances, therefore, in particular to the seriousness of his misbehaviour, the length of his employment, and the amount of his salary and termination benefits, the Tribunal awards the complainant compensation in the amount of one million Italian lira."

    Keywords:

    amount; complaint allowed; contract; criteria; decision quashed; material damages; permanent; proportionality; serious misconduct; termination;



  • Judgment 176


    26th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The liability of the organization to pay compensation is established by Judgment No. 136 [under two heads:] [...] compensation to the complainant for the non-renewal of his contract [...] and compensation for moral damage for illegal suspension from duty."

    Reference(s)

    ILOAT Judgment(s): 136

    Keywords:

    contract; execution of judgment; fixed-term; injury; judgment of the tribunal; material damages; moral damages; moral injury; non-renewal of contract; suspension;



  • Judgment 172


    26th Session, 1971
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant, who was dismissed without inquiry on the basis of unsupported allegations, is entitled to "a sum in respect of the disturbance of his living conditions and family life which the [Director-General] unlawfully caused him and in respect of the moral injury which he suffered on account of the unjust charges brought against him. Considering that he obtained equivalent employment fairly soon, the injury will be fairly assessed by awarding compensation amounting to 15,000 French francs."

    Keywords:

    amount; complaint allowed; contract; decision quashed; fixed-term; injury; inquiry; lack of evidence; material damages; moral injury; serious misconduct; termination;



  • Judgment 136


    22nd Session, 1969
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    If the organization does not renew the appointment, it shall pay complainant such compensation as is equitable. If the sums offered to the complainant "are not such as he considers equitable, he may submit a claim in respect thereof to the Tribunal, giving all the information necessary to its assessment and stating in particular : a) the amount of his remuneration when employed by the organization; and b) the nature and periods of any employment obtained by him since [he left the organization] and the amounts earned thereby."

    Keywords:

    amount; case sent back to organisation; complaint allowed; contract; criteria; decision quashed; fixed-term; material damages; non-renewal of contract; reinstatement; subsidiary; suspension;



  • Judgment 133


    21st Session, 1969
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The evidence produced does not establish that the organization fulfilled all its obligations in the matter." On three occasions account was taken of the complainant's candidature in respect of vacant posts. "Nevertheless, on each of these occasions, instead of simply considering the complainant's qualifications and appointing him to a post that he was capable of filling, the organization assessed the merits of the various applicants and thus followed the normal procedure. In so doing it complied with the letter of the Regulations, but it did not take account of the general principle* derived from [the applicable provision]". *Preference should be extended to deserving former staff members.

    Keywords:

    abolition of post; complaint allowed; contract; decision quashed; fixed-term; material damages; organisation's duties; priority; reassignment; subsidiary; termination; vacancy;



  • Judgment 127


    20th Session, 1968
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The technical adviser to the national authorities expressed views concerning the complainant which were, to say the least, lacking in impartiality; he implicitly recognised that he induced the national authorities, without good reason, to take steps which led to the complainant's dismissal before the termination of his contract. The organization did not take account of this essential fact, but it cannot be blamed for not being aware of these circumstances. The complainant is entitled to compensation.

    Keywords:

    abolition of post; bias; complaint allowed; consultation; contract; disregard of essential fact; fixed-term; material damages; member state; termination;



  • Judgment 96


    16th Session, 1966
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    At the request of the complainant, who wished to go directly to the Tribunal, the procedure laid down under the applicable provision was not followed. "Even assuming that the conditions specified in [the provision] were not fulfilled and that no other basis could be found for the decision impugned, there could be no question of quashing that decision, but only of awarding [the complainant] compensation which, in the circumstances of the case, could not exceed the amount which the organisation has seen fit to award him ex gratia."

    Keywords:

    flaw; material damages; procedural flaw;



  • Judgment 94


    16th Session, 1966
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "By Judgment No. 90 [...] the Tribunal quashed the decision [...] dismissing [the complainant], thereby finding that his reinstatement was possible and not inadvisable; this judgment, which disposes of the issues raised is final, and the organization cannot reopen these issues." [The organization submitted that it had been unable to make its objections to reinstatement in time and that such reinstatement was moreover impossible; it asked the Tribunal to award compensation in lieu of reinstatement.]

    Reference(s)

    ILOAT Judgment(s): 90

    Keywords:

    decision quashed; execution of judgment; finality of judgment; judgment of the tribunal; material damages; reinstatement; res judicata; termination;



  • Judgment 88


    15th Session, 1965
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary of facts

    Extract:

    "In its Judgment [No. 69] quashing the decision not to confirm the appointment of the complainant at the end of the probationary period on the grounds of failure to comply with the recognised procedure and infringement of the right to be heard, the Tribunal invited the organization to reopen the case, to enable the complainant to exercise his rights, and to consider whether he should be reinstated. At the same time it reserved the complainant's right to claim compensation whether or not he was reinstated." The complainant was not reinstated and he requests the Tribunal to fix compensation.

    Reference(s)

    ILOAT Judgment(s): 69

    Keywords:

    case sent back to organisation; material damages; probation; procedural flaw; refusal; reinstatement; right to reply; termination;

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Last updated: 19.09.2019 ^ top