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Judgment No. 176

Decision

1. The Organisation shall pay the complainant the sum of Rs.22,000.
2. The Director-General's decision of 5 February 1970 is amended to that extent.
3. The remainder of the complainant's claims is dismissed.

Consideration 3

Extract:

"[T]he principle of limitation of liability has been accepted in many systems of law. The basis of it is that in certain spheres of operation it is considered to be in the public interest that a ceiling should be placed on the offender's liability for fault, the injured person being left, if he so desires, to insure himself against any excess."

Reference(s)

Jugement(s) TAOIT: 136

Keywords

injury; liability; general principle; limits; compensation

Consideration 5

Extract:

"The essence of the moral damage claimed lies in the fact of the abrupt and summary suspension which is not denied. It would not be right to relate the assessment under this head exclusively to the basic salary. Distress and moral prejudice may be as great to a man on a small salary as to a man on a large one. But the rate of salary affords a guideline and the six months' salary offered by the organization under this head is in the opinion of the Tribunal approximately correct."

Keywords

injury; moral injury; amount; contract; fixed-term; suspension; criteria

Consideration 3

Extract:

The Statute of the United Nations Administrative Tribunal stipulates that awards of compensation may not exceed a specified amount, in particular in cases of dismissal. "A tribunal without a similar provision in its Statute is not entitled to impose upon an official what would amount in effect to a condition of his employment to which he has not assented."

Keywords

amount; damages; iloat; unat; enforcement; unat statute; termination of employment; limits

Consideration 3

Extract:

"The duty of [the] Tribunal, as of every other tribunal unless its Statute otherwise provides, is to fix as compensation the sum which appears to it to be equitable in all the circumstances. If any limit be imposed upon an equitable amount, it necessarily means that the sum awarded will be less than the complainant deserves."

Keywords

amount; damages; limits; criteria

Consideration 3

Extract:

"[T]he principle of limitation of liability has been accepted in many systems of law. [I]t is far from clear that it governs the relations between the United Nations and its officials, since the Statute of the Administrative Tribunal of the United Nations makes provision for exceptional cases. To the extent to which it does govern such relations, it operates solely by virtue of an express provision in that statute."

Keywords

liability; general principle; enforcement; unat statute; limits

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)

Jugement(s) TAOIT: 136

Keywords

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



 
Dernière mise à jour: 25.06.2020 ^ haut