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Damages (125, 126, 842,-666)

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Keywords: Damages
Total judgments found: 40

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  • Judgment 4239


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her appointment for health reasons and claims that the compensation she received for her service-incurred injury is grossly inadequate.

    Consideration 33

    Extract:

    The complainant says that in addition to the damages sought, the Tribunal should “recognize her future right to request compensation in the event of any deterioration of her health attributable to the service-incurred injury for any additional expenses resulting, without limitation, from any treatment, examination and in-house/nursing care”. She cites Judgment 2533, consideration 26, in which the Tribunal said “the defendant’s obligation to pay the complainant reasonable compensation for the results of his workplace injury is a continuing one”. If, and to what extent, such a claim of compensation might be justifiably made in the future and rejected is a matter of speculation though WHO’s future obligations are not, in all respects, resolved by this judgment.

    Reference(s)

    ILOAT Judgment(s): 2533

    Keywords:

    damages; injury; service-incurred;



  • Judgment 4062


    127th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to renew her fixed-term contract on the grounds of unsatisfactory performance.

    Consideration 17

    Extract:

    The complainant, who is not asking to be reinstated within UNESCO, has however requested compensation for the material injury suffered as a result of the termination of her employment with the Organization.
    In this regard, the complainant has no grounds for claiming the payment of all the emoluments which she would have received until she reached retirement age, as the renewal of her fixed-term contract would by no means have guaranteed that the Organization would continue to employ her until the end of her career.

    Keywords:

    damages; fixed-term; material damages; non-renewal of contract;



  • Judgment 4060


    127th Session, 2019
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, an ICC Senior Security Officer, contests the decision to temporarily withdraw his authorisation to carry a firearm.

    Consideration 18

    Extract:

    The ICC’s failure to provide the complainant with adequate reasons for the 12 June 2014 decision constitutes a breach of the complainant’s due process rights and, accordingly, the decision is unlawful. This would warrant an order setting aside the decision, however, as noted above, such an order is unnecessary as the decision is no longer in force. The complainant is nonetheless entitled to moral damages for the breach of his due process rights.

    Keywords:

    damages; due process; duty to substantiate decision; moral injury; motivation;



  • Judgment 4031


    126th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the step level he was placed in upon implementation of a new local salary scale for General Service staff in New Delhi, India.

    Consideration 8

    Extract:

    The complainant submits that he suffered injury as a consequence of the “inordinate, inexplicable and inexcusable” delay in the internal appeal process. He seeks moral damages on this account. The Tribunal has relevantly stated as follows in Judgment 3160, consideration 17:
    “The amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal. Delay in an internal appeal concerning a matter of limited seriousness in its impact on the appellant would be likely to be less injurious to the appellant than delay in an appeal concerning an issue of fundamental importance and seriousness in its impact on the appellant.”

    Reference(s)

    ILOAT Judgment(s): 3160

    Keywords:

    damages; internal appeal; reasonable time;



  • Judgment 4018


    126th Session, 2018
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision no longer to pay him an expatriation allowance.

    Consideration 14

    Extract:

    [B]y deliberately including in the complainant’s letter of appointment, albeit at his request, a clause stipulating that he would receive the expatriation allowance, although he could not lawfully claim it, Eurocontrol indisputably acted wrongly. Moreover, the subsequent decision to withdraw this benefit, which had been unlawfully granted to the complainant, who wrongly thought he was entitled to it and who had no doubt viewed it as an essential condition when he had decided to accept his appointment, caused him serious injury stemming primarily from that wrongful act.
    The complainant therefore has reason to claim, as he does subsidiarily in his complaint, that this injury should be redressed by ordering the Organisation to pay him damages.

    Keywords:

    contract; damages;



  • Judgment 4015


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to award him damages for the alleged leaking of confidential information concerning him.

    Judgment keywords

    Keywords:

    complaint dismissed; damages;



  • Judgment 4009


    126th Session, 2018
    Energy Charter Conference
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his fixed-term contract following the abolition of his post, but to give him a Project Staff contract.

    Consideration 17

    Extract:

    When assessing these damages, account will be taken of the fact that, although he had been in the Secretariat’s service since 1 November 1995, he had held a fixed-term contract and thus did not have any right to have it extended until he reached retirement age. Account will also be taken of the fact that, after his fixed-term contract was not extended, he continued for a period of six months to earn the same amount of salary as he had previously received.

    Keywords:

    damages;



  • Judgment 4008


    126th Session, 2018
    Energy Charter Conference
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In her first complaint, the complainant challenges the decision not to extend her fixed-term contract following the abolition of her post, but to give her a Project Staff contract. In her second complaint, she challenges three vacancy notices concerning C category posts and in her third complaint, she challenges the rejection of her application for two of these posts.

    Consideration 20

    Extract:

    When assessing these damages, account will be taken of the fact that, although she had been in the Secretariat’s service since 1 April 1996, she had held a fixed-term contract and thus did not have any right to have it extended until she reached retirement age. Account will also be taken of the fact that, after her fixed-term contract was not extended, she continued for a period of one year to earn the same amount of salary as she had previously received.

    Keywords:

    damages;



  • Judgment 3995


    126th Session, 2018
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the measures taken by IFAD following its investigation into his allegations of harassment.

    Consideration 9

    Extract:

    Contrary to the view expressed by [the organisation] in its written submissions, in this case, the fact that disciplinary action was taken against the complainant’s supervisors at the end of the investigation on account of their misconduct did not by any means suffice to redress the injury caused to the complainant. Since the conditions for applying the case law cited above were indubitably met, even though the complainant was not the sole victim of some of the improper behaviour in question, it was incumbent upon the organisation to grant him monetary compensation under this head. By refusing to do so, the President of [the organisation] committed an error of law which constitutes an additional flaw in the impugned decision.

    Keywords:

    compensation; damages;



  • Judgment 3778


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the rejection of his internal appeal against the EPO’s refusal to clarify his fiscal situation with the Dutch tax authorities.

    Consideration 4

    Extract:

    The complainant, alleging unlawful behavior on the part of the EPO, raises a claim for damages. As the Tribunal has stated on several occasions, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 2471, under 5, and 1942, under 6). The complainant has not provided any evidence of those three elements in the present case.

    Reference(s)

    ILOAT Judgment(s): 1942, 2471

    Keywords:

    damages;



  • Judgment 3725


    123rd Session, 2017
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the disciplinary measures imposed on him following an investigation into alleged misconduct.

    Consideration 7

    Extract:

    UNIDO also notes that the complainant expanded the quantum of his claim for damages on his earlier claims and goes further in the rejoinder to introduce new claims of constructive dismissal. UNIDO submits that these are irreceivable and that the claims for damages should only be admitted to the extent of the earlier amounts which the complainant had sought.
    The Tribunal has consistently stated that a new claim which is raised in a rejoinder is irreceivable.

    Keywords:

    damages; new claim; rejoinder;



  • Judgment 3719


    123rd Session, 2017
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The CTA seeks the review of Judgment 3437.

    Consideration 7

    Extract:

    [A]ccording to the case law of the Tribunal, where an organisation seeks to challenge a judgment unfavourable to itself by way of an application for review, the staff member concerned cannot make a counterclaim for damages in the context of his or her submissions on the application. Such a claim arises from a separate cause of action and should be pursued separately (see Judgments 1504, under 13, 2806, under 10, and 3003, under 50).

    Reference(s)

    ILOAT Judgment(s): 1504, 2806, 3003

    Keywords:

    application for review; counterclaim; damages;



  • Judgment 3718


    123rd Session, 2017
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The CTA seeks the review of Judgment 3436.

    Consideration 7

    Extract:

    [A]ccording to the case law of the Tribunal, where an organisation seeks to challenge a judgment unfavourable to itself by way of an application for review, the staff member concerned cannot make a counterclaim for damages in the context of his or her submissions on the application. Such a claim arises from a separate cause of action and should be pursued separately (see Judgments 1504, under 13, 2806, under 10, and 3003, under 50).

    Reference(s)

    ILOAT Judgment(s): 1504, 2806, 3003

    Keywords:

    application for review; counterclaim; damages;



  • Judgment 3688


    122nd Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to abolish her post and to separate her from service.

    Consideration 12

    Extract:

    It was stated in Judgment 3582, consideration 4, for example, that the amount of damages awarded for the injury caused by an unreasonable delay in processing an internal appeal depends on the length of the delay and its consequences. The consequences vary depending on the subject matter of the dispute so that a delay in resolving a matter of limited seriousness in its impact on the appellant will ordinarily be less injurious than a delay in resolving a matter which has a severe impact.

    Reference(s)

    ILOAT Judgment(s): 3582

    Keywords:

    damages; delay; moral injury;

    Consideration 31

    Extract:

    WHO’s failure to disclose the relevant documents to the complainant in the internal appeal proceedings breached the adversarial principle or the principle of equality of arms, which constitutes a breach of due process entitling the complainant to moral damages.

    Keywords:

    damages; disclosure of evidence; due process; moral injury;



  • Judgment 3635


    122nd Session, 2016
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants have filed applications for execution of Judgment 3238.

    Consideration 9

    Extract:

    It must [...] be underscored that, contrary to the CDE’s apparently mistaken belief, the Centre was not ordered in Judgment 3238 to pay social security contributions but, as consideration 20 states, “the equivalent” of those contributions, which is not to be confused with the latter and is entirely different from a legal standpoint. This sum is in fact an integral part of the lump-sum damages mentioned above. It must further be recalled that one of the justifications for this award was the legitimate desire to remedy the financial loss that the complainants would suffer if they enrolled in a private social insurance scheme at their own expense after their dismissal, for which the payment of contributions to the NSSO does not compensate in any way.

    Reference(s)

    ILOAT Judgment(s): 3238

    Keywords:

    damages;



  • Judgment 3509


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to send his mail to an address, which is not the declared residence address in his last retirement questionnaire.

    Consideration 6

    Extract:

    "The unjustified delay of over three years between the filing of the appeal and the submission of the EPO’s position constitutes in itself an egregious delay which merits an award of damages. Taking into consideration both the excessive length of the delay and the fact that it is not apparent that this delay had a significant adverse impact on the complainant, the Tribunal sees fit to award moral damages in the amount of 800 euros (see Judgment 3160, under 17)."

    Reference(s)

    ILOAT Judgment(s): 3160

    Keywords:

    damages; moral injury;



  • Judgment 3315


    117th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks damages for the injury arising from breach of due process and institutional harassment.

    Consideration 26

    Extract:

    The complainant claims material damages but has adduced no evidence of actual injury as a result of an unlawful act in order to obtain such damages, notwithstanding that the events in question occurred some years before she filed her complaint. Accordingly, the Tribunal does not award material damages. There is no ground for the award of exemplary damages. However, the complainant is entitled to moral damages for the flagrant breach of due process, as well as for the institutional harassment which she sustained. These are grave violations, for which the complainant is accordingly awarded moral damages in the sum of 65,000 United States dollars. She is also awarded 3,000 dollars in costs.

    Keywords:

    breach; damages; due process; harassment; institutional harassment;



  • Judgment 3160


    114th Session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the Director-General's decision to reject his appeal concerning breaches of confidentiality.

    Considerations 16-17

    Extract:

    "As to the compensation for the delay, it is well established that internal appeals must be conducted with due diligence and with regard to the care owed by an international organisation to its staff (see, in particular, Judgment 2522). Furthermore, it has been said by the Tribunal in Judgment 2902 that “by any standards a delay of nearly 19 months to complete the internal appeal process is unreasonable”. The time an appeal might reasonably take will usually depend on the particular circumstances. The Director-General recognised that the time taken in this case, a little over two years, was excessive and awarded moral damages. As noted earlier, both the complainant and UNIDO dispute the quantum of damages awarded by the Director-General for delay.
    The amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal. Delay in an internal appeal concerning a matter of limited seriousness in its impact on the appellant would be likely to be less injurious to the appellant than delay in an appeal concerning an issue of fundamental importance and seriousness in its impact on the appellant. For example, an extensive delay in relation to an appeal concerning the dismissal of a staff member could have a profound impact on his or her circumstances. On the other hand, a delay of precisely the same period in relation to an appeal concerning a comparatively trifling issue may have limited or possibly even no impact on the circumstances of the staff member."

    Reference(s)

    ILOAT Judgment(s): 2522, 2902

    Keywords:

    compensation; damages; delay; effect; general principle; internal appeal; organisation's duties; reasonable time; staff member's interest; time limit;



  • Judgment 3141


    113th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 45

    Extract:

    [I]n the very special circumstances of this case, WHO must be held responsible for the fact that – even if, in cancelling his journey to Côte d’Ivoire, the complainant’s reaction to the situation at that time was inappropriate – he was objectively deprived by the unlawful termination of his appointment of a possibility of regularising his stay in Switzerland and thereafter possibly continuing in service in the Organization. The injury thus suffered calls for redress the terms of which will be determined by the Tribunal.

    Keywords:

    damages; injury; termination of employment;



  • Judgment 3111


    113th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant contends, by reference to Judgment 620, under considerations 2 and 4, that even if her illness cannot be attributed to her working conditions, the Tribunal may award limited damages. In Judgment 620, the defendant organisation had failed to conduct regular medical examinations as required by its rules. The Tribunal held that that failure had deprived the complainant of "an opportunity to take precautions against [his] illness" even though it was not established that regular medical examinations would have prevented it. There is nothing in the present case to suggest that the actions or inactions of WHO deprived the complainant of an opportunity to take precautions against contracting tuberculosis.

    Reference(s)

    ILOAT Judgment(s): 620

    Keywords:

    damages; medical examination; service-incurred;

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Last updated: 15.09.2021 ^ top