Material damages (693, 665,-666)

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Keywords: Material damages
Total judgments found: 159

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• 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:

  abuse of power; 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;
  

  
  
  

• 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; contract; fixed-term; material damages; organisation's duties; priority; reassignment; subsidiary; termination of employment; 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; consultation; contract; disregard of essential fact; fixed-term; material damages; member state; termination of employment;
  

  
  
  

• 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 of employment;
  

  
  
  

• 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; probationary period; procedural flaw; refusal; reinstatement; right to reply; termination of employment;
  

  
  
  

• Judgment 87

  
  15th Session, 1965
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The complainant, a trade union official, made criticisms which were included in a tract. "The conduct which was deemed to justify [his] summary dismissal did not constitute misconduct serious enough to jeopardise or to be likely to jeopardise the reputation of the organization or its staff." Summary dismissal was not justified.

  Keywords:

  contract; duty of discretion; material damages; misconduct; moral injury; permanent appointment; proportionality; serious misconduct; staff representative; staff union activity; summary dismissal; termination of employment;
  

  
  
  

• Judgment 27

  
  6th Session, 1957
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The only fault which can be attributed to the organisation is that it did not establish [...] clearly and precisely [the responsibility of the complainant in certain incidents] but left open to grave doubt the reasons which motivated the failure to re-engage the complainant [...]. The complainant should therefore be awarded an indemnity in compensation for the moral prejudice resulting from the equivocal explanation given of the failure to re-engage her, for which prejudice the award of a sum of US $1,000 will give her full relief."

  Keywords:

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

  
  
  

• Judgment 21

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration on the substance (E)

  Extract:

  "The Tribunal does not have the power to order reinstatement, which requires a positive act of the Director-General, over whom the Tribunal has no hierarchical authority [...]. The Tribunal is nonetheless competent to order equitable reparation of the damage suffered by the complainant by reason of the measure of which she was the object."

  Keywords:

  competence of tribunal; material damages; reinstatement; termination of employment;
  

  
  
  

• Judgment 7

  
  1st Session, 1947
  International Institute of Intellectual Co-operation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (D) and Decision

  Extract:

  "The Defendant must be ordered to fulfil its obligations on which it has defaulted up to the present date[.] The Tribunal [...] orders the Defendant to pay, as damages, because of the delay in payment of the sums due, the sum of [...]".

  Keywords:

  administrative delay; material damages; organisation's duties; payment; salary;
  

  
  
  

• Judgment 4

  
  1st Session, 1947
  International Institute of Intellectual Co-operation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "[T]he delay in paying the sums due, the extremely painful changes in economic conditions [during the war], and the need for [the complainant] to provide for his defence, justify, quite apart from any consideration relating to the changes in the purchasing power of the franc, the allocation of compensation under the heading of damages".

  Keywords:

  administrative delay; exchange rate; injury; material damages; material injury; payment; salary;
  

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