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Injury (46, 47, 48, 49, 50, 51,-666)

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Keywords: Injury
Total judgments found: 170

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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 25

    Extract:

    One of its staff had been injured, as it turns out seriously, in a car accident while on a mission overseas when performing work for the Organization. WHO had an ongoing responsibility to do all it could to mitigate the effects of the accident as part of a more general obligation to protect the health and ensure the safety of its staff (see Judgment 3994, consideration 8). It is true that Dr H. asked the complainant to see her on her return and she did not. But that provides no real justification for WHO effectively doing nothing by way of further mitigating the effects of the accident. The complainant is entitled to moral damages for this breach of the duty of care.

    Reference(s)

    ILOAT Judgment(s): 3994

    Keywords:

    duty of care; injury; mitigation of loss; moral injury; service-incurred;

    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 4228


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject his request for compensation for loss of earnings allegedly caused by a service-incurred injury.

    Judgment keywords

    Keywords:

    complaint dismissed; injury; service-incurred;

    Consideration 2

    Extract:

    The present complaint hinges primarily on a question of law: whether or not the complainant is entitled to compensation for loss of earnings under the FAO Manual Section 342 on Compensation for Death, Injury or Illness. The Tribunal is satisfied that the complainant is not entitled to compensation for loss of earnings; he is only entitled to the salary and allowances provided by his contract with the FAO plus the reimbursement of his medical expenses stemming from his service-incurred injury, which he received in full.

    Keywords:

    injury; loss of earnings; material damages; service-incurred;



  • Judgment 4227


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him for misconduct.

    Consideration 15

    Extract:

    The complainant seeks moral damages by reference to the time taken for the investigation process (over one and a half years) as well as the time taken to finalise the internal appeal process (over two and a half years). It may be accepted that both periods were extremely lengthy. However, the explicit basis for the damages is said to be “the enormous distress suffered by the complainant”. This is but an assertion not founded on any evidence of a causal connection and it is more likely that any distress suffered by the complainant over this time arose not because of the length of time the steps took but rather from the fact that the defendant organization was consistently satisfied at several levels of decision-making and review that the decision to dismiss the complainant for serious misconduct was justified.

    Keywords:

    delay in internal procedure; injury; investigation; moral injury;

    Consideration 10

    Extract:

    The complainant argues in his brief that “the duration of the investigation process went far beyond a reasonable time to guarantee due process”. In its reply the defendant organization makes the point that the complainant does not specify how the duration of the investigation allegedly impacted upon his due process rights. The complainant does not, in his rejoinder, provide those particulars. It is by no means obvious that the time taken, which was lengthy, affected the complainant’s capacity to defend the charges or otherwise prejudiced his position. This contention should be rejected.

    Keywords:

    delay in internal procedure; due process; injury; inquiry;



  • Judgment 4218


    129th Session, 2020
    ITER International Fusion Energy Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to renew her fixed-term contract.

    Consideration 6

    Extract:

    The fourth argument is that there had been a violation of the requirement for transparency. The only point of substance raised on this topic is that the complainant was not provided with copies of certain documents before the CRJAC. Copies of those documents have been provided by the defendant organization in its reply. They should have been provided to the complainant at the time they were provided to the CRJAC (see, for example, Judgment 2588, consideration 7). However, in her rejoinder, the complainant failed to demonstrate in any material way that either the failure to provide them at the time or their content tainted the decision-making process leading to the ultimate decision impugned in these proceedings not to renew her contract and thus failed to prove she suffered prejudice (see Judgment 3377, consideration 16). In these circumstances no moral damages should be awarded.

    Reference(s)

    ILOAT Judgment(s): 2588, 3377

    Keywords:

    disclosure of evidence; injury; moral injury;



  • Judgment 4178


    128th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant him a promotion in the 2014 professional promotion exercise.

    Consideration 14

    Extract:

    As was stated in Judgment 3353, consideration 26, “[a]n organisation must care for the dignity of its staff members and not cause them unnecessary personal distress and disappointment where this could be avoided”. Although the Administration remedied the error itself, as a result of the breach of the provision and the unnecessary communication to the complainant, undoubtedly, the complainant was deeply disappointed by his non-promotion and understandably distressed not knowing for an inordinate amount of time about what had led to him not being promoted for which the complainant is entitled to an award of moral damages [...].

    Reference(s)

    ILOAT Judgment(s): 3353

    Keywords:

    injury; moral injury; respect for dignity;



  • 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 29

    Extract:

    [A] review of the chronology [...] shows that the Administration failed to provide the complainant with relevant information in a timely manner. This led to unnecessary delays in the resolution of the complainant’s case, misunderstandings, and was an affront to the complainant’s dignity. This ongoing failure to provide the complainant with the information which he was entitled to receive is exacerbated by the fact that the ICC has not advanced any reasons for withholding the information. The complainant is entitled to moral damages in the amount of 20,000 euros and costs in the amount of 6,000 euros.

    Keywords:

    duty of care; duty to inform; injury; moral injury; respect for dignity;



  • Judgment 4032


    126th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to accept for consideration on the merits her compensation claim for service-incurred injury.

    Judgment keywords

    Keywords:

    compensation; complaint dismissed; injury; service-incurred;



  • 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 17

    Extract:

    Ordinarily, a vacancy notice is neither a final administrative decision nor a decision adversely affecting an individual staff member (see Judgment 2540, under 22). However, there may be circumstances where a vacancy notice can have an adverse effect. This is the case here. The vacancy notices to which the complainant responded and which concerned positions that were intended to replace hers adversely affect her in that they are connected with the non-extension of her fixed-term contract flowing from the abolition of her post.

    Keywords:

    injury; vacancy;



  • Judgment 3946


    125th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the amounts she was awarded for the delay in processing her request for compensation for service-incurred illness.

    Consideration 17

    Extract:

    A claim for compensation for “actual and consequential” injuries is an entirely different claim that extends an organisation’s liability beyond its liability under a no-fault regime. As the Tribunal has consistently held, establishing such a claim requires proof of negligence on the part of the organization or the intentional breach of a duty (see Judgment 2843, consideration 3).

    Reference(s)

    ILOAT Judgment(s): 2843

    Keywords:

    injury; liability; negligence;



  • Judgment 3450


    119th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal set aside the contested appointment because the complainant's right to a fair and open competition was violated.

    Judgment keywords

    Keywords:

    compensation; complaint allowed; decision quashed; failure to exhaust internal remedies; injury; medical board;



  • Judgment 3258


    116th Session, 2014
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants argued that their rights of staff representatives had been violated, but their claim for pecuniary compensation was dismissed by the Tribunal.

    Considerations 4 and 5

    Extract:

    The complainants challenge final decisions maintaining earlier decisions not to grant the compensation claims submitted by the complainants, who considered that they had suffered injury on account of violations of the rights of staff representatives.
    "By their very nature, such violations of the rights of staff representatives cannot, under any circumstances, give rise to any right to financial compensation in favour of an individual staff member or his or her successors in title."

    Keywords:

    compensation; decision; injury; right; staff representative;



  • Judgment 3250


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant was recognized as a victim of institutional harassment.

    Consideration 10

    Extract:

    "While the conduct of management which is necessary and reasonable would not constitute harassment, the present case demonstrates how continued mismanagement showing gross negligence on the part of the Organization cannot justify any longer the “managerial need” for the repeated temporary transfers of the complainant which had an ill effect on her. Taken individually, the isolated incidents [...] can perhaps be considered as improper but managerially justified, but taken as a whole the effect is much more damaging to the complainant and can no longer be excused by administrative necessity."

    Keywords:

    complaint allowed in part; harassment; injury; institutional harassment; negligence; organisation's duties; professional injury; transfer; working conditions;

    Consideration 9

    Extract:

    "The Tribunal notes that intent is not a necessary element of harassment and, in this case, it is not a single episode which creates the problem, but instead it is the accumulation of repeated events which deeply and adversely affected the complainant’s dignity and career objectives. As such, the JAAB’s finding that “the long series of examples of mismanagement and omissions by the Office […] compromised [the complainant’s] dignity and career” is well founded and the Tribunal is of the opinion that this administrative wrongdoing can be defined as institutional harassment."

    Keywords:

    advisory opinion; complaint allowed in part; harassment; injury; institutional harassment; organisation's duties; professional injury; respect for dignity;



  • Judgment 3215


    115th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complainant did not exhaust internal remedies concerning her claim of harassment and failed to prove negligence on the part of IAEA, the Tribunal dismissed her complaint.

    Consideration 12

    Extract:

    "As discussed in Judgment 2804, negligence is the failure to take reasonable steps to prevent a foreseeable risk of injury. Liability in negligence is occasioned when the failure to take such steps causes an injury that was foreseeable. A person seeking damages for negligence bears the burden of establishing the factual foundation on which the claim is based."

    Reference(s)

    ILOAT Judgment(s): 2804

    Keywords:

    burden of proof; evidence; general principle; injury; liability; material damages; negligence; organisation's duties; professional accident; service-incurred; working conditions;



  • Judgment 3173


    114th Session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the refusal to grant her compensation for an illness which she considers as attributable to the performance of her official duties.

    Consideration 14

    Extract:

    "The approach of the Organization, which is a reflection of the position adopted by the Managing Director, involves an assumption which would not, in all cases, be correct. The assumption is that work-related stress said by an employee to be the result of abuse and harassment, can only arise if, as an objective fact, there has been abuse and harassment. Such an approach takes no account of the possibility that stress can be the product of perceptions and not reality. Put slightly differently, an employee may be exposed to conduct which, viewed objectively, would not be characterised as abuse and harassment. But it does not follow that exposure to that conduct could not induce work-related stress in an employee who perceived that conduct as abusive and harassing. For this reason the answer to the question that was to be considered by the independent panel, i.e. whether the complainant had been subjected to “constant harassment and abuse” by her supervisor would not necessarily have answered the question raised by the complainant’s claim for compensation considered by the [Advisory Board on Compensation Claims]. Her claim raised the question of whether her supervisor’s conduct caused a stress-related illness not whether his conduct, viewed objectively, could be characterised as abuse and harassment."

    Keywords:

    advisory body; compensation; harassment; injury; service-incurred; working conditions;



  • Judgment 3166


    114th Session, 2013
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant alleges that he suffered harassment, mobbing and defamation on the part of his supervisors.

    Considerations 18 and 19

    Extract:

    "[T]he JAC made a finding of procedural irregularities in relation to the consideration of the complainant’s grievances. It recognised, as this Tribunal has stated, that an organisation has a duty to its staff members to investigate claims of harassment (see Judgment 3071). This conclusion would have warranted consideration of a remedy. However, the JAC adopted the approach, accepted by the Secretary General, that the Federation had “acted in the [complainant’s] favour” because the contract of [the alleged harasser], amongst others, had not been renewed.
    The non-renewal of [that person]’s contract did not involve a vindication of the complainant’s rights. Ordinarily, the mechanism for addressing the violation of a person’s rights is to award compensation to the aggrieved person or to make an order restoring the person to the position he or she would have been in but for the violation. The nonrenewal of the contract of a person who had violated a complainant’s rights may, of course, provide moral comfort to the complainant. However, the task of the Secretary General is to determine a response in relation to a grievance formally raised and established which remedies the effect of the proven violation of rights. The non-renewal of a contract, such as occurred in the present case, does not serve this purpose."

    Reference(s)

    ILOAT Judgment(s): 3071

    Keywords:

    advisory body; claim; compensation; complaint allowed; complaint allowed in part; contract; decision; executive head; harassment; injury; material damages; moral injury; non-renewal of contract; organisation's duties; procedural flaw;



  • 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 3134


    113th Session, 2012
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    [I]t is not disputed that the Secretary of the Provident Scheme gave a positive oral response to the complainant's request and assured him that the transfer would be effected as soon as the agreement had been signed, and there is no doubt that in so doing the Secretary was acting in the exercise of his functions. The complainant could therefore assume in good faith that his rights would be transfered to the UNJSPF without his having to approach the Fund himself, in the manner provided for in Article 4 of the Agreement.
    The Provident Scheme did not, however, effect the expected transfer, as the letter [...] from its Secretary shows, nor does that letter explain why it had omitted to do so. It follows that the UPU has been negligent in this regard. It is clear that there is a sufficient causal link between its negligence and the injury suffered by the complainant, the amount of which remains to be determined.

    Keywords:

    causal link; injury; negligence;



  • Judgment 3064


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 11

    Extract:

    The complainant submits that the investigation ordered by the Director-General of the ILO into her allegations of harassment was considerably delayed. The ILO admits that "the delay in holding the investigation is inexcusable". Nevertheless, it considers that "[t]he complainant's claims in this respect are [...] groundless", since 3,000 Swiss francs were awarded as compensation for this delay.
    "The Tribunal considers, however, that even if such a sum had been paid promptly and accepted by the complainant, which is not the case, the Organization could not shed its responsibility for the considerable delay in holding the investigation by simply deciding to award the complainant compensation for the injury suffered [...]. The ILO holds that the delay is due, not to the Administration's wish to harm the complainant, but to an error. In the Tribunal's opinion, this fact likewise does not exonerate the Organization or lessen its responsibility, since the error was committed by its Administration. As the [internal appeals body] rightly noted in its report [...] more than 15 months after the Director General's decision there was no information as to the progress of the investigation, or the date on which the investigator would submit his report. Consequently, it must be found that the delay in conducting the investigation caused the complainant moral injury which must be redressed."

    Keywords:

    acceptance; administrative delay; allowance; compensation; complaint allowed; date; delay; duty to inform; harassment; injury; inquiry; internal appeals body; liability; misconduct; moral injury; organisation; organisation's duties; payment; report;



  • Judgment 3055


    112th Session, 2012
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "[A]s a general rule, an organisation should refrain from passing on damaging information about a staff member. If the recipient of that information has a legitimate interest in knowing the truth [...] it should refrain from passing on damaging information without first giving the staff member an opportunity to challenge it and give his or her own account."

    Keywords:

    communication to third party; duty of care; duty of discretion; injury; organisation's duties; professional injury; rebuttal; right to reply; staff member's interest;



  • Judgment 3043


    111th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "[A]d personam promotion constitutes advancement on merit to reward an employee for services of a quality higher than that ordinarily expected of the holder of the post. In the absence of any provision to the contrary, it is an optional and exceptional discretionary measure which is subject to only limited review by the Tribunal (see Judgments 1500, under 4, and 1973, under 5). This kind of promotion should certainly not be granted as redress for an alleged injury, as the complainant requests. The advancement of an official naturally obeys its own logic related to the classification of the job done and the professional merit of the person in question, which has nothing to do with the logic behind compensation for injuries which may have been caused to this person by the international organisation employing him or her (see Judgment 2706, under 8)."

    Reference(s)

    ILOAT Judgment(s): 1500, 1973, 2706

    Keywords:

    claim; compensation; compensatory measure; definition; discretion; exception; injury; judicial review; limits; no provision; organisation; personal promotion; post; post classification; purpose; refusal; request by a party; satisfactory service; work appraisal;

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Last updated: 02.07.2020 ^ top