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

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Keywords: Injury
Total judgments found: 183

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• Judgment 1888

  
  87th Session, 1999
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "The Tribunal's jurisdiction is limited to the review of administrative decisions taken by international organisations affecting the employment conditions of their employees. Where such decisions are found to be reviewable and where they have caused harm, the Tribunal will exercise its jurisdiction to order reparation thereof. The Tribunal is not, however, a civil court of general jurisdiction in matters of delict and contract. Even where they may be causally related to injury suffered by someone, prejudice and malfeasance do not give rise to a claim for damages before the Tribunal unless they can be related to a specific administrative decision which has become final and against which the complainant has exhausted all available internal remedies."

  Keywords:

  bias; compensation; competence of tribunal; contract; decision; injury; internal remedies exhausted; judicial review; limits; material damages; moral injury; staff regulations and rules;
  

  
  
  

• Judgment 1881

  
  87th Session, 1999
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 20-21

  Extract:

  "The organization argues that the supervisor's unflattering comments to the Reports Board concerning the complainant 'had nothing to do with the quality of his work during the period being reviewed by the Board'. Even if it were true, the submission is beside the point. Prejudicial comments made to a body advising the decision-maker by one of the parties to a dispute are often irrelevant to the actual substance of the dispute. They are nonetheless prejudicial. If such comments are made, an opportunity must be given to the other party to respond to them. By failing to do this the Reports Board breached its duty of fairness. The report of the Reports Board being vitiated, the decision of the Director-General which is based upon such report cannot stand and must be quashed."

  Keywords:

  adversarial proceedings; bias; equity; flaw; injury; performance report; period; procedural flaw; supervisor; work appraisal;
  

  
  
  

• Judgment 1875

  
  87th Session, 1999
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 32

  Extract:

  "An international organisation is liable for the material and moral damages resulting from the injury caused to a staff member by his superior (acting in the course of his duties and not in a private capacity) by treatment that is an affront to the staff member's personal and professional dignity (Judgment 1609 [...]); and for victimisation consequent upon improper treatment (Judgment 1376 [...]). A staff member is entitled to have his good name vindicated by the organisation when a superior makes false allegations against him and to redress for the harm caused ([see] Judgment[s] 1340 [and] 1344 [...]). When a third party makes false allegations against a staff member, the organisation should communicate its view that the allegations are without foundation (Judgment 1376 [...])."

  Reference(s)

  ILOAT Judgment(s): 1340, 1344, 1376, 1609
  

  Keywords:

  abuse of power; burden of proof; compensation; injury; liability; material damages; material injury; misuse of authority; moral injury; organisation's duties; respect for dignity; supervisor;
  

  
  
  

• Judgment 1852

  
  87th Session, 1999
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The Tribunal's case law is consistent to the effect that a complainant cannot attack a rule of general application unless and until it is applied in a manner prejudicial to him. [The present complaint] is a general attack which is not tied to any particular application of the impugned rules to the complainant. It will not therefore be considered by the Tribunal."

  Reference(s)

  ILOAT Judgment(s): 764, 1329, 1423
  

  Keywords:

  case law; cause of action; enforcement; general decision; individual decision; injury; lack of injury; provision; receivability of the complaint; staff regulations and rules;
  

  
  
  

• Judgment 1804

  
  86th Session, 1999
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 12-14

  Extract:

  The promotion of Mr C., presented as the fulfilment of a promise made to him on recruitment, gave rise to a decision adopted on 7 December 1994. "Only that decision was notified to the staff. So the complainants, who were unaware of the promise, were in good faith in challenging the promotion on the grounds that it was in breach of the Rule it actually cited. So they were right in saying that Mr C. had been promoted to A4 even though he did not fully qualify under the [relevant] rules [...]. Because of the unusual circumstances in which Mr C. was promoted the complainants were also right to challenge the decision: the [Organization] had on the face of it failed to observe the general principle of equal treatment because in promoting Mr C. it did not abide by the requirements of the Service Regulations or by the criteria for promotion to which the complainants were themselves subject. The conclusion is that the complainants did suffer moral injury and each of them is entitled under that head to [compensation]".

  Keywords:

  appointment; breach; cause of action; condition; decision; equal treatment; general principle; good faith; grade; injury; moral injury; promise; promotion; staff regulations and rules;
  

  
  
  

• Judgment 1780

  
  85th Session, 1998
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6(a)

  Extract:

  "According to consistent precedent both employer and employee must show good faith. For the Organisation, that means giving its staff notice of any facts or rules that may influence their dealings with it [...]. But [...] the Organisation will not be financially liable unless the staff member has suffered financial injury."

  Keywords:

  case law; duty to inform; good faith; injury; liability; material injury; organisation; organisation's duties; staff member's interest;
  

  
  
  

• Judgment 1752

  
  85th Session, 1998
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  The complainant's wife, who was a member of the staff of the International Labour Office committed suicide. Among other things, the complainant seeks awards of damages for the moral injury suffered by his wife as well as by his son and himself. "[The complainant] has access to the Tribunal under Article II(6) of its Statute only as the successor to any rights his wife may have had, since she alone was an official of the ILO. He may claim damages only for moral injury he says she suffered in its employ because of its failure to treat her with due care or for whatever other reason."

  Reference(s)

  ILOAT reference: ARTICLE II(6) OF THE STATUTE
  
  

  Keywords:

  injury; locus standi; moral injury; ratione personae; receivability of the complaint; respect for dignity; status of complainant; successor;
  

  
  
  

• Judgment 1734

  
  85th Session, 1998
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3(g)

  Extract:

  "An organisation does have a duty to spare the staff member unnecessary injury and, if it sees a blatant procedural mistake, must, if possible, alert him to it."

  Keywords:

  duty to inform; injury; organisation's duties; procedure before the tribunal; staff member's interest;
  

  
  
  

• Judgment 1726

  
  84th Session, 1998
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 26

  Extract:

  The complainant submits that his transfer was unlawful. He criticizes the administration, notably, for not consulting him. "The complainant's seniority, length of service (virtually all of it on difficult posts in developing countries), the fact that he had only recently been moved [...] and the wholly unnecessary and unjustifiable failure to consult him constitute in the Tribunal's view a serious affront to his dignity and a breach of the Organization's obligation of respect towards him as a member of its staff."

  Keywords:

  consultation; decision; injury; organisation's duties; respect for dignity; transfer;
  

  
  
  

• Judgment 1712

  
  84th Session, 1998
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "As the Tribunal has said before, there may be a cause of action even if there is no present injury: time may go by before the impugned decision causes actual injury. The necessary, yet sufficient, condition of a cause of action is a reasonable presumption that the decision will bring injury. The decision must have some present effect on the complainant's position."

  Keywords:

  absence of final decision; case law; cause of action; complainant; consequence; effect; injury; receivability of the complaint;
  

  
  
  

• Judgment 1660

  
  83rd Session, 1997
  European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "The Association's third objection is that the complainants are challenging the adoption of rules and in any event cannot impute any present injury thereto. According to precedent an international civil servant may in exceptional circumstances challenge the lawfulness of a rule that has been applied to him. The notification to the complainants of the changes in the system of reckoning and paying their retirement pensions constituted individual application of rules adopted by the member States of EFTA and set out in the contract with [a private insurance company]. Even though, as the defendant says, the complainants cannot yet show any injury, they do have a cause of action and may challenge, howsoever they wish, the lawfulness of the new pension rules."

  Keywords:

  case law; cause of action; competence of tribunal; complaint; executive body; general decision; individual decision; injury; lack of injury; pension; receivability of the complaint;
  

  
  
  

• Judgment 1637

  
  83rd Session, 1997
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  The complainant alleges improper treatment of him by his supervisor. The Tribunal holds that it is "hard to dismiss - as UNIDO does in its surrejoinder - the keen tension between the complainant and his supervisor as 'everyday occurrences in any office' or the effect of 'action taken in the ordinary run of management and likely to make for the degree of stress that any international civil servant is expected to cope with'."

  Keywords:

  harassment; injury; organisation's duties; respect for dignity; service-incurred; supervisor; working conditions;
  

  Consideration 16(d)

  Extract:

  The complainant alleges that he has been a victim of harassment by his supervisor. The Tribunal notes that "the conditions the complainant suffered in his last few months of work harmed his health. They caused him injury for which he is entitled to redress. Acting by virtue of Article II, paragraph 2, of its Statute [...]. The Tribunal awards him damages".

  Reference(s)

  ILOAT reference: ARTICLE II(2) OF THE STATUTE
  
  

  Keywords:

  compensation; harassment; illness; iloat statute; injury; moral injury; organisation's duties; respect for dignity; service-incurred; working conditions;
  

  
  
  

• Judgment 1609

  
  82nd Session, 1997
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  An international organisation is liable for the injury a staff member may cause in the performance of duty, and that includes injury to other members of staff. [...] An organisation will of course not be liable for private misconduct of an employee that has no link with the performance of duty. But misconduct in the context of employment is another matter. When someone whom the organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who suffers injury thereby is entitled to damages.

  Keywords:

  abuse of power; compensation; complainant; condition; conduct; injury; liability; misconduct; misuse of authority; moral injury; organisation; supervisor;
  

  Consideration 16

  Extract:

  An organisation will of course not be liable for private misconduct of an employee that has no link with the
  performance of duty. But misconduct in the context of employment is another matter. When someone whom the
  organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who
  suffers injury thereby is entitled to damages. Such is the complainants' case. Without having to go through all the
  evidence before it [...] the Tribunal holds that each of the complainants suffered treatment that was an affront to her personal and professional dignity. It was inadmissible for one of its officers, in this case a man, to make a habit of addressing women subordinates in language that was blatantly coarse and lascivious. What is more it offended against [an ILO circular], which seeks to ensure - to use its own words - a safe and healthful working environment free from sexual harassment and intimidation'. The whole drift of the evidence before the tribunal is that someone on whom the ILO had conferred much authority saw rough language and rough behaviour as not incompatible with his exercise of it. They were therefore part and parcel of the performance of his duties, and on that account the Organization is liable.

  Keywords:

  condition; conduct; injury; liability; misconduct; moral injury; organisation; respect for dignity; sexual harassment; supervisor;
  

  
  
  

• Judgment 1606

  
  82nd Session, 1997
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "The complainant's case is that his earning capacity has been impaired, not directly, but merely indirectly in that travel is essential for any employment for which he is suited and his condition [following a service incurred accident] has made it difficult, if not impossible, for him to travel. The burden therefore lay on him in the internal proceedings to show that any suitable employment would entail an appreciable amount of travel."

  Keywords:

  burden of proof; evidence; incapacity; injury; professional accident; service-incurred;
  

  
  
  

• Judgment 1551

  
  81st Session, 1996
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "A claim to damages cannot succeed unless the claimant proves the unlawful act and the consequent injury. Since the complainant has not done so, his claim to damages must fail."

  Keywords:

  complainant; condition; evidence; injury; material damages; moral injury; request by a party;
  

  
  
  

• Judgment 1534

  
  81st Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4-5

  Extract:

  There is a general principle of law that for a claim to damages to succeed "the claimant must provide evidence of (i) an unlawful act, (ii) actual injury and (iii) a causal link between act and injury. [...] Injury is not to be presumed: mere mention of 'worries', 'psychological stress' and 'deprivation of rights' will not do."

  Keywords:

  cause; compensation; complaint; condition; definition; evidence; general principle; injury; presumption;
  

  
  
  

• Judgment 1531

  
  81st Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "Yet, though it was lawful for the Memorandum of 23 February 1994 to set [the date of termination], not until 25 February did the complainant get notice of it. According to a general principle no decision unfavourable to an official may take effect before the date at which he gets notice of it. So the earliest date at which the complainant's separation from service might take effect was 26 February 1994, the day after he had notice of it".

  Keywords:

  date; date of notification; decision; effect; general principle; injury; separation from service;
  

  
  
  

• Judgment 1526

  
  81st Session, 1996
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "An organisation owes its staff a general duty of care, and must not cause them undue hardship. A case of non-renewal is no exception. The duty may entail avoidance or reduction of injury that termination may cause [...] at least when it was not a short-term appointment, when the record of service was long, and when the official had reasonable expectations of making a career in the organisation."

  Keywords:

  career; contract; duration of appointment; general principle; injury; legitimate expectation; moral injury; non-renewal of contract; official; organisation's duties; respect for dignity; short-term;
  

  
  
  

• Judgment 1489

  
  80th Session, 1996
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "Article 28 of the Service Regulations [...] does entitle officials to protection against attacks related to their status or duties and to compensation for injury. But, as was said in Judgment 1270 [...], its purpose is not to settle a dispute that has arisen within the Organisation itself. So it affords no basis for a claim to help from the Organisation against treatment by a supervisor."

  Reference(s)

  Organization rules reference: ARTICLE 28 OF THE EPO SERVICE REGULATIONS
  ILOAT Judgment(s): 1270
  

  Keywords:

  compensation; injury; interpretation; moral injury; official; staff regulations and rules; supervisor;
  

  
  
  

• Judgment 1477

  
  80th Session, 1996
  International Training Centre of the International Labour Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "When [a selection] process proves flawed the Tribunal will quash any decisions it engendered and order resumption with due heed to the rules, albeit on the understanding that the organisation must shield the successful candidate from any injury that else may flow from the quashing of an appointment accepted in good faith."

  Reference(s)

  ILOAT Judgment(s): 1359
  

  Keywords:

  appointment; competition; competition cancelled; flaw; injury; procedural flaw; staff member's interest;
  

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