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

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Keywords: Injury
Total judgments found: 183

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  • Judgment 564


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant asks the Tribunal to declare null and void the result of the competition and to award him compensation for material and moral prejudice [for having been eliminated from the competition]. These claims "come within the Tribunal's competence as defined in Article II of its Statute and are therefore receivable."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE

    Keywords:

    application for quashing; competence of tribunal; competition; injury; receivability of the complaint;



  • Judgment 553


    50th Session, 1983
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1-2

    Extract:

    The material judgment was immediately operative. "The complainant seeks, and is entitled to, payment of interest in compensation for the damage he has suffered through the [organisation's] delay in giving effect to the judgment".

    Reference(s)

    ILOAT Judgment(s): 463

    Keywords:

    administrative delay; application for execution; execution of judgment; injury; interest on damages; judgment of the tribunal; penalty for delay;



  • Judgment 523


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant asks [...] for [...] compensation for prejudice caused to his career as an international civil servant; no doubt he could have expected that, but for the reorganisation, his contract in Washington would have been renewed; nevertheless, as things have happened, the reorganisation would have been a good ground for non-renewal."

    Keywords:

    career; contract; fixed-term; injury; professional injury; termination of employment;



  • Judgment 507


    48th Session, 1982
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The relief sought by the complainants is an order or declaration that the organisation is liable to contribute to the [social security] scheme in respect of the [gratifications] paid to the complainants. It is unusual for the Tribunal to give relief in this form, especially where third parties such as the [national] authorities are involved. The normal method of relief would be an order against the organisation that it should compensate the complainants for the loss they have sustained." [here: the difference between contributions from the organisation and contributions from the complainants]

    Keywords:

    competence of tribunal; contributions; injury; insurance; organisation's duties;



  • Judgment 480


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal regards "the true measure of the complainant's loss" as the amount of the pension to which he is entitled. "If the parties cannot agree upon this actuarial calculation or upon an actuary whose calculation they would accept, the matter must come back to the Tribunal, which, acting under Article 11 of the Rules of Court, will appoint an expert to fix the sum."

    Reference(s)

    ILOAT reference: ARTICLE 11 OF THE RULES
    ILOAT Judgment(s): 427

    Keywords:

    amount; damages; expert inquiry; injury; tribunal;



  • Judgment 442


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "As a rule an official's comments on his subordinates do not give them any right to compensation; otherwise supervisors would express only guarded opinions about their subordinates, and that would be harmful to the organisation's efficiency. The most that can be said is that when a supervisor expresses an opinion which he knows to be untrue for a purely malicious purpose he, or the organisation, will be liable."

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    allowance; application for review; consequence; difference; general principle; injury; liability; mistake of fact; organisation; purpose; right; supervisor; work appraisal;



  • Judgment 436


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Under Article VIII of its Statute the Tribunal is entitled to award the complainant compensation for the injury caused to him. "For this purpose the Tribunal may under Article 11 of its Rules order such measures of investigation as it considers desirable. But it will not order an investigation merely for the sake of ascertaining the facts; the investigation must be in aid of some relief, such as reinstatement or compensation, which it is within the jurisdiction of the Tribunal to grant."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE;
    ARTICLE 11 OF THE RULES


    Keywords:

    competence of tribunal; condition; further submissions; iloat statute; injury; inquiry; investigation; material damages; moral injury; submissions;



  • Judgment 427


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19(B)

    Extract:

    The complainant's appointment was not renewed, that decision being contrary to the organization's interests. The Tribunal awards compensation in full based on the amount he would have earned through regular contract renewal. "The complainant asks also 'that the wrongful suspension from duty should not affect his pension rights.' The Tribunal is not competent to make an order in that form, but the complainant may claim compensation for loss or diminution of pension rights as for loss of salary and emoluments."

    Keywords:

    bias; competence of tribunal; contract; fixed-term; injury; material damages; non-renewal of contract; pension; pension entitlements; suspension;



  • Judgment 411


    44th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The chief element in the compensation to which complainant is entitled is the loss of the enjoyment of his job. "True, the new job was a 'comedown' and as such might have damaged him professionally if the damage had not already been done by the events recorded in Judgment No. 361: for such damage compensation has been paid."

    Reference(s)

    ILOAT Judgment(s): 361

    Keywords:

    injury; material damages; professional injury; transfer;

    Consideration 6

    Extract:

    "The complainant is being compensated, not for the lack of a worthwhile job - the organization does not guarantee that - but for the slackness and delay on the part of the administration in looking for one for him."

    Keywords:

    administrative delay; assignment; injury; transfer;



  • Judgment 405


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Although the delay in preparing the complainant's annual reports was unfortunate, it does not taint those reports with any impropriety, especially since it caused the complainant no wrong."

    Keywords:

    administrative delay; injury; lack of injury; performance report;



  • Judgment 399


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant requests compensation for the moral and professional prejudice caused by the lack of an appraisal for more than a year. There is no evidence of any such prejudice and this claim should be rejected."

    Keywords:

    injury; lack of injury; omission; performance report; work appraisal;



  • Judgment 393


    43rd Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "It appears from the documents in the dossier that by being improperly rejected in the selection proceedings [for a competition] the complainant suffered, on that account and because of the hostility of [a superior], moral prejudice serious and specific enough to entitle her to damages."

    Keywords:

    bias; competition; flaw; injury; moral injury; supervisor;



  • Judgment 388


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    It is impossible, several years having elapsed, to determine the precise consequences of the organization's negligence. In view of the existing reservations, it is justified to award the complainant compensation ex aequo et bono. Because of the apparent reluctance of the complainant to seek employment outside the organization and the uncertainty of the effects of the organization's negligence, the Tribunal is inclined to award rather modest damages. But account must also be taken of the material and moral prejudice caused by the inordinately long internal appeal proceedings.

    Keywords:

    administrative delay; amount; injury; internal appeal; material injury; moral injury; negligence; organisation; procedure before the tribunal;



  • Judgment 369


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The Tribunal is not competent to hear an application for the repeal or amendment of Staff Regulations or Rules. "The Tribunal is, however, competent to consider whether a provision of the Staff Regulations or Staff Rules applies to an individual case. It is true that it will then be determining the meaning and scope of a general and abstract provision; in doing so, however, it is merely passing preliminary judgment so that it may decide an individual case which does come within the scope of its competence."

    Keywords:

    application for quashing; competence of tribunal; enforcement; iloat statute; injury; judicial review; provision;



  • Judgment 361


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The Tribunal is not likely to concern itself with cases other than those of grave injury which has been left unredressed. But where such injury has occurred it is not the decision to take the action that is relevant - in substance it may be correct or incorrect - but the decision as to the form in which it should be taken and as to how it shall be executed."

    Keywords:

    injury; moral injury; professional injury;

    Considerations 43-44

    Extract:

    The Director-General's decisions are valid, but not the manner in which they were implemented. The administration could have made it clear that the complainant was a victim of the reorganisation and was not to blame. Its silence made the situation even more distressing. "Accordingly, the claim for compensation for moral damage is allowed. Since money is to be the only form of redress, the amount must be sufficient to mark the gravity of the injury."

    Keywords:

    decision; grounds; injury; moral injury; professional injury; reorganisation; transfer;

    Consideration 40

    Extract:

    To find moral prejudice in the manner of execution of the impugned decisions, none of which has been invalidated, "is to take a very exceptional course and one which can be taken [...] only in circumstances in which grave injury of a kind likely to impair a staff member's career has been left unredressed."

    Keywords:

    damages; exception; injury; moral injury; professional injury;



  • Judgment 296


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1-2

    Extract:

    The complainant, an official of the ILO, requests that the UNDP pay him compensation for the loss of and damage to his personal effects. "The complainant was an official of the defendant organisation and his effects were being moved because he was being transferred from one country to another. It is manifest that in a complaint against an organisation the Tribunal cannot make an order requiring payment by some other body." Although the complainant might allege that the UNDP were acting as agents of the organisation to make it responsible, the Tribunal will not decide the question of receivability on this ground.

    Keywords:

    compensation; competence of tribunal; injury; organisation; other; personal effects; receivability of the complaint;



  • Judgment 292


    38th Session, 1977
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The complaint seeks the refund of education expenses. "On [the first day of every month] the organisation, if the complainant is right, acted adversely towards him by failing to adopt the measure prescribed [...]. However, the time limit of three months, running backwards from the [date of] application [...] means that claims in respect of [earlier] payments are time-barred."

    Keywords:

    allowance; continuing breach; education expenses; injury; payment; receivability of the complaint; refund; time bar;



  • Judgment 284


    37th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "A circular of this character does not, as do the Staff Regulations, form part of a staff member's terms of appointment and so as a general rule a departure from its provisions does not of itself give him any right to relief [...] If a circular prescribes a certain procedure to be followed, the Tribunal will consider, not necessarily whether the procedure has been exactly followed, but whether any departure from it has prejudiced the staff member in a way that affects his rights."

    Keywords:

    administrative instruction; consequence; injury; judicial review; lack of injury; procedure before the tribunal; terms of appointment;



  • Judgment 256


    34th Session, 1975
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The organisation provided a third party with an attestation on the complainant's recruitment and private life. "[I]n failing to inform the complainant of the request for information about him the organisation failed to perform a duty by which it was bound [...] The fact that the attestation contained only information which had been published or was a matter of public knowledge is not decisive. The most that can be said is that that fact would have relieved the organisation of the duty to consult the complainant if the information sought had plainly not been of such a nature as to cause him any prejudice whatever. Such was not the case, however".

    Keywords:

    communication to third party; confidential evidence; duty to inform; injury; organisation's duties; personal file;



  • Judgment 254


    34th Session, 1975
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[W]hether the superior is in error or not, there is nothing in the dossier to show that the criticism does not express his honest opinion. For the Tribunal to interfere in the case of an appraisal report what must be shown is not a preconceived opinion in the mind of the maker of the report but a wrongful motivation."

    Keywords:

    bias; condition; consequence; injury; performance report; unsatisfactory service;

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