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Liability (48,-666)

You searched for:
Keywords: Liability
Total judgments found: 50

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  • Judgment 630


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The manner in which [the complainant] was deprived of her duties was sudden and discourteous. Her position has remained unaltered for some years. And not only did her supervisor fail in his responsibility towards her; the ILO, too, since she had committed no misconduct, ought to have done its utmost to find proper duties and responsibilities for her."

    Keywords:

    liability; organisation's duties; refusal to assign work; supervisor;



  • 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 435


    45th Session, 1980
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The organization "would have incurred liability beyond the requirements of the Staff Rules and Regulations only if it had exposed the complainant to a degree of danger incompatible with the normal performance of his duties and beyond the requirements of his contract of appointment." This was not the case. There is no need to consider whether the organization had been negligent by failing to take precautions against the accident in question.

    Keywords:

    assignment; liability; organisation; professional accident; service-incurred; special hazard;



  • Judgment 417


    44th Session, 1980
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    "It is unnecessary to consider whether and to what extent, if at all, the Director-General could be made responsible for the acts or omissions of the Staff Pension Committee. What is quite clear is that he can have only a limited responsibility in its decisions."

    Keywords:

    decision; executive head; liability; staff pension committee; unjspf;



  • Judgment 402


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

    Consideration 2

    Extract:

    "The employee does not have to show that he was being asked to do something foolhardy. It is unnecessary [...] to suggest [...] that the order to return to [the duty station] was irresponsible. It was not, except in the sense that it may be irresponsible to require a staff member to return to a high risk area without offering him full insurance cover. Certainly, it might be said to be irresponsible for a man with dependants [...] to go [...] without full insurance cover."

    Keywords:

    complainant; duty station; insurance; liability; organisation; special hazard;

    Consideration 6

    Extract:

    "The compensation appropriate to a breach of contract is indemnification for loss actually incurred as a result of that particular breach; it cannot, unless the contract expressly so provides, be settled according to a general tariff."

    Keywords:

    amount; compensation; liability; material damages; organisation; professional accident; service-incurred;



  • Judgment 250


    34th Session, 1975
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Assuming that the terms of appointment entitling the complainant to compensation cover only cases of illness which are the direct result of his duties, by reason of the particularly demanding nature thereof, "the complainant would be entitled, quite apart from the terms of his appointment and in accordance with the general principles of liability in public law, to full compensation for any prejudice suffered by him and its direct consequences, including, for example, chronic or temporary disability."

    Keywords:

    compensation; general principle; illness; injury; invalidity; liability; right; service-incurred;



  • Judgment 176


    26th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[T]he principle of limitation of liability has been accepted in many systems of law. [I]t is far from clear that it governs the relations between the United Nations and its officials, since the Statute of the Administrative Tribunal of the United Nations makes provision for exceptional cases. To the extent to which it does govern such relations, it operates solely by virtue of an express provision in that statute."

    Keywords:

    enforcement; general principle; liability; limits; unat statute;

    Consideration 3

    Extract:

    "[T]he principle of limitation of liability has been accepted in many systems of law. The basis of it is that in certain spheres of operation it is considered to be in the public interest that a ceiling should be placed on the offender's liability for fault, the injured person being left, if he so desires, to insure himself against any excess."

    Reference(s)

    ILOAT Judgment(s): 136

    Keywords:

    compensation; general principle; injury; liability; limits;



  • Judgment 173


    26th Session, 1971
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In cases where the affected persons are at fault, their disability pension may be reduced under the applicable provision. "[T]he Tribunal cannot reduce the benefits granted to the complainant in accordance with the impugned decision [...] without there being any need to examine whether the fault attributable to the complainant would in itself have warranted the cancellation of the pension awarded, it is sufficient to find that in any case, in view of the experts' report, the reduction made under the impugned decision is in no way excessive."

    Reference(s)

    ILOAT Judgment(s): 141

    Keywords:

    complainant; consequence; disability benefit; invalidity; judicial review; liability; misconduct; reduction of salary;



  • Judgment 127


    20th Session, 1968
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant's appointment was terminated and his post abolished. "[T]he organization has an obligation to the complainant because of the fact which was not taken into account, namely the intervention with the [national] authorities by the senior technical adviser, without good reason, in the exercise of his official duties. As a result, the complainant has suffered both material and moral injury [...] taking account of [...] in particular [...] the fact that the organization was in ignorance through no fault of its own, the organization should pay the complainant compensation".

    Keywords:

    abolition of post; consultation; contract; disregard of essential fact; fixed-term; injury; liability; material injury; member state; moral injury; organisation; termination of employment;



  • Judgment 53


    9th Session, 1961
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Damages to personal effects, in respect of which complainant makes a claim [...] arose out of and in the course of employment. Whether or not the claim for compensation was allowable under the organization's baggage insurance policy, the organization was directly liable for compensation."

    Keywords:

    compensation; injury; insurance; liability; material injury; organisation; organisation's duties; personal effects; service-incurred;

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