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Damages (125, 126, 842,-666)
You searched for:
Keywords: Damages
Total judgments found: 43
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Judgment 4697
136th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Director General’s decision to impose on him the disciplinary sanction of downgrading.
Consideration 26
Extract:
it is true that, in his submissions, the complainant provides only succinct arguments to justify the alleged moral injury. Nonetheless, the Tribunal notes, in view of the submissions and evidence on file, that the complainant undoubtedly suffered considerable moral injury as a result of the rather arbitrary way in which he was treated, the infringement of his rights caused by the lack of prior information about the sanction imposed on him and the particularly harsh remarks made about him by the Director General.
Furthermore, the complainant was notified of the Director General’s final decision rejecting his internal complaint on 12 October 2021, more than 16 months after he had lodged his internal complaint on 29 May 2020. The Tribunal considers that this delay, which significantly exceeds the four-month period provided for in Article 92(2) of the Staff Regulations, was excessive and unreasonable in the circumstances of the case.
The Tribunal considers that all of the moral injury suffered may be fairly redressed by awarding the complainant compensation of 25,000 euros.
Keywords:
damages; delay in internal procedure; moral injury;
Judgment 4624
135th Session, 2023
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant takes issue with the type of contract successively awarded to her by the ILO and seeks adequate compensation for the injury she considers she has suffered.
Consideration 8
Extract:
The complainant [...] contends that the Director-General’s decision did not adequately justify the amount of compensation awarded, since that amount was not broken down between the various injuries for which compensation was awarded.
However, the Tribunal considers that it is permissible for an international organisation to decide to award a lump sum in compensation for all injuries suffered by a member of its staff.
Keywords:
allowance; damages; motivation;
Judgment 4522
134th Session, 2022
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to conduct an investigation into allegations of breach of confidentiality and the refusal to disclose two documents.
Consideration 17
Extract:
The consistent case law of the Tribunal reiterates that with regard to damages, 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 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6).
Reference(s)
ILOAT Judgment(s): 1942, 2471, 3778
Keywords:
causal link; damages;
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; motivation of final decision;
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 3932
125th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to renew her fixed-term appointment due to unsatisfactory performance.
Consideration 28
Extract:
In the circumstances, reinstatement of the complainant is not appropriate, however, the complainant is entitled to an award of material damages in the amount of 40,000 euros for the lost opportunity to have her appointment renewed. She is also entitled to an award of moral damages in the amount of 30,000 euros and costs in the amount of 1,000 euros. The FAO will also be ordered to remove from the complainant’s personnel file all adverse materials dated from 1 January 2012 to the date of the closure of the file. The claims in relation to sick leave, annual leave, pension contributions and medical expenses have either been settled or are beyond the scope of the present complaint.
Keywords:
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;
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