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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 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:

    contract; 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; investigation; material damages; moral injury; 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;



  • 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; 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:

    compensation; duration of appointment; incapacity; invalidity; material damages; period; professional accident; 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:

    amount; compensation; liability; material damages; organisation; professional accident; 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 injury; 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:

    "It 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; 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 of contract; 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; conduct; contract; insubordination; material damages; misconduct; permanent appointment; proportionality; termination of employment;



  • 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; conduct; 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 injury; 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 injury; 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; contract; criteria; fixed-term; material damages; misuse of authority; moral injury; 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; contract; criteria; decision quashed; material damages; permanent appointment; proportionality; serious misconduct; termination of employment;



  • 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 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; contract; fixed-term; injury; inquiry; investigation; lack of evidence; material damages; moral injury; termination of employment;



  • 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; contract; criteria; fixed-term; material damages; non-renewal of contract; reinstatement; subsidiary; suspension;

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Last updated: 23.11.2020 ^ top