Amount (122,-666)

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Keywords: Amount
Total judgments found: 111

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• Judgment 1042

  
  69th Session, 1990
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant objects to a reckoning giving effect to Judgment 922, which set aside the decision to dismiss him and ordered payment of damages, insofar as the amount he got did not allow him the benefit of a further yearly salary increment. As the complainant's performance had not been declared satisfactory and therefore failed to meet the condition set out in the relevant rules, the Tribunal dismisses the claim.

  Reference(s)

  ILOAT Judgment(s): 922
  

  Keywords:

  amount; application for interpretation; condition; increment; material damages; satisfactory service;
  

  
  
  

• Judgment 1026

  
  69th Session, 1990
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant's appointment was terminated upon the abolition of his post. The organization offered him 5000 United States dollars in compensation for the delay in dealing with the case. The Tribunal holds that this "does not measure up to the degree of moral and material injury [the organization] has caused the complainant, whose health has grown much worse since termination. The Tribunal believes that more reasonable awards would be $8,000 in damages and $2,000 towards costs."

  Keywords:

  abolition of post; administrative delay; amount; costs; internal appeal; internal appeals body; moral injury; terminal entitlements; termination of employment;
  

  
  
  

• Judgment 999

  
  68th Session, 1990
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "Since the breach of due process in the internal appeal proceedings has held up the final determination of the matter and caused the complainant injury whatever the outcome may eventually be, the Tribunal orders the Organization to pay him lump-sum damages in the amount of 500 United States dollars."

  Keywords:

  administrative delay; amount; injury; judgment of the tribunal; material damages; moral injury; procedural flaw;
  

  
  
  

• Judgment 990

  
  68th Session, 1990
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The Tribunal "may not order any increase in [the complainant's] pension in redress for the breach of the regulations since the body that determines the pension is outside its jurisdiction."

  Keywords:

  amount; competence; competence of tribunal; flaw; pension; reckoning; unjspf;
  

  
  
  

• Judgment 986

  
  67th Session, 1989
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 24

  Extract:

  Though the Tribunal "has held that the new scale [of pensionable remuneration] impairs the complainants' rights, it cannot now set the amount of their entitlements." Its ruling will therefore be one of principle.

  Keywords:

  amendment to the rules; amount; injury; material damages; pension; pensionable remuneration; reduction of salary; scale;
  

  
  
  

• Judgment 972

  
  66th Session, 1989
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Decision

  Extract:

  The decision not to renew the complainant's contract is set aside. The Tribunal holds that in the circumstances reinstatement would not be advisable. It orders the organization to pay the complainant the equivalent of two years' salary as damages for material injury, 25,000 Swiss francs for moral injury and 10,000 Swiss francs as costs.

  Keywords:

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

  
  
  

• Judgment 971

  
  66th Session, 1989
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "The complainant claims payment under Annex C. But only the WHO, not the complainant, is entitled to payment under this annex, which concerns its insurance policy. The policy is exclusively a matter between the WHO and its insurers. In application of its administrative practice, as reflected in paragraph 365 of Manual II.7, the organization does hand the difference over to the staff member if the sum it has actually received from the insurers more than covers its liability to him."

  Reference(s)

  Organization rules reference: WHO MANUAL PROVISION II.7
  
  

  Keywords:

  amount; complainant; difference; health insurance; insurance; organisation; payment; practice;
  

  
  
  

• Judgment 963

  
  66th Session, 1989
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "Since the impugned decisions retroactively reduce the refundable amount of education expenses, they are unlawful and cannot stand."

  Keywords:

  allowance; amount; education expenses; non-retroactivity; reduction of salary; refund;
  

  
  
  

• Judgment 960

  
  66th Session, 1989
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The organisation argues that the complainant's internal appeal against the application of the amended scale of pensionable remuneration was time-barred. The plea fails. The Tribunal holds that "although [the complainant] must have known for over two years that amending the scale would have consequences when she left she could not know what the financial consequences would be."

  Keywords:

  amendment to the rules; amount; consequence; decision; internal appeal; pension; pensionable remuneration; receivability of the complaint; reduction of salary; retirement; scale; separation from service; start of time limit; time bar; time limit;
  

  Consideration 3

  Extract:

  "The notice [...] that prompted her internal appeal cannot in itself afford grounds for a complaint to the Tribunal since it merely showed the amount of the benefit she would get according to the option she preferred, and that amount is determined by the United Nations Joint Staff Pension Fund. if, as the ILO maintains, that is how the notice is to be construed, the Tribunal may not review the lawfulness of the decision." However, the complainant takes a different line. The complainant's objections, based on Article 8.2 of the ILO Staff Regulations, concern not the amount of her pension, but the fact that account was taken of the new scale of pensionable remuneration which the Director-General had brought in as from 1 April 1985. Therefore, the Tribunal is competent.

  Reference(s)

  Organization rules reference: ARTICLE 8.2 OF THE ILO STAFF REGULATIONS
  
  

  Keywords:

  amount; competence; competence of tribunal; decision; pension; pension entitlements; pensionable remuneration; scale; unjspf;
  

  
  
  

• Judgment 942

  
  65th Session, 1988
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "Because of the complexity and length of the proceedings and the protracted correspondence that had to be conducted with the organization, the Tribunal awards 10,000 French francs in costs."

  Reference(s)

  ILOAT reference: ARTICLE VIII OF THE STATUTE
  
  

  Keywords:

  administrative delay; amount; costs; procedure before the tribunal;
  

  
  
  

• Judgment 922

  
  65th Session, 1988
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  In Judgment 868 the Tribunal quashed the decision to dismiss the complainant on the grounds of unsatisfactory performance and referred the case back to the Union. The organisation having merely confirmed its earlier decision without further inquiry, the new decision is set aside and "the Union shall pay the complainant damages equivalent to the sums he would have been paid had he remained on the staff from the date of his dismissal up to the date of this judgment."

  Reference(s)

  ILOAT Judgment(s): 868
  

  Keywords:

  amount; confirmatory decision; material damages; termination of employment; unsatisfactory service;
  

  
  
  

• Judgment 907

  
  64th Session, 1988
  General Agreement on Tariffs and Trade
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "Since he has twice had his dismissal set aside [the GATT] should reinstate him in a post equivalent to the one he held. If it does it shall pay him for the period from the date of his departure up to the date of his reinstatement, the amount to be reduced by the sums it has already paid him and any earnings he may have been paid during the period. His pension rights shall be fully restored."

  Keywords:

  amount; consequence; contract; damages; permanent appointment; reinstatement; termination of employment;
  

  
  
  

• Judgment 904

  
  64th Session, 1988
  Intergovernmental Council of Copper Exporting Countries
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "There is no evidence submitted by the complainant to suggest that the amount provided for travel expenses was inadequate. The claim therefore fails."

  Keywords:

  amount; burden of proof; evidence; travel expenses;
  

  
  
  

• Judgment 896

  
  64th Session, 1988
  Intergovernmental Council of Copper Exporting Countries
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "When his post is abolished someone with a fixed-term appointment is ordinarily entitled to fair compensation or other redress. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation, and seniority, record of service and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."

  Keywords:

  abolition of post; amount; compensation; contract; elements; fixed-term; organisation's duties; terminal entitlements; termination of employment;
  

  
  
  

• Judgment 888

  
  64th Session, 1988
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. He claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. The complainant's dismissal was confirmed by the Chief of personnel. That decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. It was made without the complainant's having fully exercised his right to be heard." Because it is tainted with a procedural flaw, the decision is quashed and the Tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.

  Keywords:

  amount; flaw; material damages; medical certificate; misrepresentation; moral injury; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination of employment;
  

  
  
  

• Judgment 874

  
  63rd Session, 1987
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "A debt of moneys is to be discharged by the date of payment stipulated either in the contract or by some general provision. Where payment is late, the rule is that there shall be a compensatory award of interest, the amount being set without making the creditor show specific injury."

  Reference(s)

  ILOAT Judgment(s): 792
  

  Keywords:

  administrative delay; amount; date; delay in payment; execution of judgment; injury; interest on damages; judgment of the tribunal; payment;
  

  Consideration 4

  Extract:

  "Interest will not be awarded on an application for a court order unless payment of the principal is due."

  Reference(s)

  ILOAT Judgment(s): 792
  

  Keywords:

  amount; condition; interest on damages; request by a party;
  

  
  
  

• Judgment 873

  
  63rd Session, 1987
  Intergovernmental Council of Copper Exporting Countries
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "The Staff Regulations do not say what notice shall be given or how much shall be paid in compensation to the redundant staff member. [...] When his post is abolished someone with a fixed-term appointment is ordinarily entitled to notice and to fair and reasonable compensation. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation and seniority and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
  
  

  Keywords:

  abolition of post; amount; compensation; elements; moral injury; no provision; notice; organisation's duties; terminal entitlements;
  

  
  
  

• Judgment 862

  
  63rd Session, 1987
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  Article 3.1.1.2 of the ILO Staff Regulations provides for periodic adjustments to pensionable remuneration. The application of this regulation was suspended effective 1 April 1985. The complainants argue that the absence of an adjustment on 1 April 1986 breaches their acquired rights. "The complainants say they cannot put a figure on the loss sustained but they submit a table showing losses that range from 13 to 39 per cent according to grade. The table does not distinguish between loss due to the measures of which the Tribunal was informed in the earlier proceedings - and which it declared lawful - and loss alleged to be due to the failure to revise the scale on 1 April 1986. So in any event the Tribunal cannot but endorse its ruling in Judgment 832 under 16." The complaints are dismissed.

  Reference(s)

  Organization rules reference: ARTICLE 3.1.1.2 OF THE ILO STAFF REGULATIONS
  ILOAT Judgment(s): 832
  

  Keywords:

  acquired right; adjustment; amount; breach; date; difference; enforcement; grade; injury; pension; pension entitlements; pensionable remuneration; provision; reckoning; res judicata; staff regulations and rules; subsidiary; suspensive action;
  

  
  
  

• Judgment 832

  
  62nd Session, 1987
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  "International civil servants quite understandably put stock in their retirement benefits and quite rightly want an income that, even if it will not sustain the same standard of living, will at least be comfortable. The decisions impugned do mar the outlook, in some cases seriously. But that is not enough to establish breach of an acquired right."

  Keywords:

  acquired right; amendment to the rules; amount; breach; grounds; lack of evidence; official; retirement; separation from service; social benefits;
  

  
  
  

• Judgment 756

  
  59th Session, 1986
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Failing [...] reinstatement the complainant is entitled to be paid for the period during which she has not worked compensation equivalent to the sums she would have been paid if reinstated, the purpose being to safeguard the right to reinstatement."

  Keywords:

  abolition of post; amount; material damages; reinstatement; subsidiary;
  

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