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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 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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Last updated: 23.11.2020 ^ top