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Material injury (49,-666)

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Keywords: Material injury
Total judgments found: 55

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  • Judgment 4415


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to impose upon him the disciplinary measure of dismissal for misconduct.

    Consideration 16

    Extract:

    Because of his dismissal, [the complainant] lost the opportunity at a young age to continue in employment with the EPO or to end his employment more favourably to him, including by obtaining an invalidity pension. Accordingly, material damages for this lost opportunity are assessed in the sum of 80,000 euros.

    Keywords:

    material injury;



  • Judgment 4411


    132nd Session, 2021
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her appointment as a result of the abolition of her post.

    Consideration 23

    Extract:

    Regarding the complainant’s request for the payment of the remaining 37 days of her unused annual leave, as the Appeals Committee correctly noted, it was due to the unlawful termination of her appointment that the complainant could not use those days of leave prior to the expiry of her appointment. In these circumstances, the complainant is entitled to be paid the remaining 37 days of leave.

    Keywords:

    abolition of post; annual leave; leave; material injury; termination of employment;

    Consideration 18

    Extract:

    The complainant, who had reached the mandatory retirement age when she filed her complaint, does not seek reinstatement. However, she will be awarded material damages in an amount equal to the salary and allowances that she would have received, but for the unlawful termination of her appointment, for the remaining 16 months of her fixed-term contract. No deductions shall be made for health insurance contributions, as the complainant was not covered by the Organization’s health insurance scheme during that period. Equally, no deductions shall be made for the official’s contributions to the UNJSPF. These material damages shall also include an amount corresponding to the pension contributions that the Organization would have made on the complainant’s behalf had she continued to participate in the UNJSPF for the remaining 16 months of her contract. The complainant must give credit for any income from other employment during that period.

    Keywords:

    material injury;



  • Judgment 4405


    132nd Session, 2021
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.

    Consideration 10

    Extract:

    [T]he complainant is entitled to compensation for the material injury caused to her by the [...] decisions set aside by the Tribunal. She will therefore be awarded, under this head, a lump sum calculated on the basis of her gross salary and the allowances which she would have received until her death, during the term of her contract, on 28 October 2019 and the sum of the contributions which the Court would have paid, in the same period, to the United Nations Joint Staff Pension Fund, less the amount of any indemnities the complainant received on the termination of her appointment.
    In the light of the evidence, the Tribunal considers that the material injury suffered by the complainant will be fairly redressed by setting the amount of this lump sum at 160,000 euros.

    Keywords:

    death; material injury;



  • Judgment 4399


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to transfer him from a manager position to a non-managerial post.

    Consideration 13

    Extract:

    As the complainant has not established that his unlawful transfer caused him material injury, he will not be awarded compensation for the loss of career opportunities which he seeks.

    Keywords:

    loss of opportunity; material injury;



  • Judgment 4305


    130th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment due to the abolition of his post and the failure to reassign him to another suitable vacant position.

    Consideration 14

    Extract:

    There was a flaw in the reassignment process and the complainant lost a valuable opportunity to secure another position within UNAIDS and thus lost the opportunity of maintaining continuing employment (see, for example, Judgement 3754, consideration 21). It is inappropriate, in the circumstances, to make an order reinstating the complainant. The complainant seeks, by way of monetary relief, lost salary and moral damages. He is entitled to material damages for the lost opportunity [...].

    Reference(s)

    ILOAT Judgment(s): 3754

    Keywords:

    loss of opportunity; material injury;



  • Judgment 4249


    129th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the implementation of the 2013 comprehensive local salary survey for New Delhi, India.

    Judgment keywords

    Keywords:

    complaint dismissed; general service category; material injury; salary;



  • Judgment 4232


    129th Session, 2020
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to stop paying his salary while he was on sick leave.

    Consideration 8

    Extract:

    The Tribunal considers that the material injury suffered by the complainant shall be fairly redressed by ordering the OIE to pay him the equivalent of the salary and various indemnities which he would have received if he had been in service from 19 July 2015 until his dismissal on 1 October 2015, net of any substitute income received during that period. The Organisation will also be required to pay him the equivalent of the pension contributions that it would have had to pay for him during the same period. All these amounts shall bear interest at the rate of 5 per cent per annum as from the date on which they fell due until the date of their payment, but an order for the payment of compound interest is not warranted.

    Keywords:

    material injury;



  • Judgment 4222


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.

    Consideration 18

    Extract:

    The complainant alleges various material injuries involving costs incurred in relation to the accident. However, it must be noted that she does not produce any invoices substantiating the actual amounts concerned and does not provide any reasons why those documents might not be in her possession. The Tribunal cannot therefore award compensation for the injuries in question.

    Keywords:

    burden of proof; material injury;

    Consideration 18

    Extract:

    While the complainant also alleges that she has lost the opportunity to be offered a consultancy contract by the Organization after her retirement, this injury, which is purely hypothetical, cannot give rise to compensation.

    Keywords:

    loss of opportunity; material injury;



  • Judgment 4216


    129th Session, 2020
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lawfulness of the decision to cancel a competition procedure in which he took part.

    Consideration 12

    Extract:

    The complainant, who [...] was ranked first on the list of suitable candidates drawn up by the selection board for the competition, was deprived, by the flaws in the decisions in question, of a valuable opportunity to be appointed to the advertised post, the loss of which constitutes material injury. That appointment would have entailed his promotion to a higher grade and thus a pay rise from December 2015 or January 2016 until his retirement, a period of around three years.

    Keywords:

    competition cancelled; loss of opportunity; material injury;



  • Judgment 4215


    129th Session, 2020
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to confirm his appointment at the end of his probation period.

    Consideration 22

    Extract:

    In respect of material injury, the unlawfulness of the decision [...] which in particular made it impossible for the complainant to improve his performance in a timely manner, denied him a valuable opportunity to have his appointment confirmed at the end of his probation period and to receive in consequence the remuneration specified in his letter of appointment for the remaining 30 months of that appointment.

    Keywords:

    loss of opportunity; material injury;



  • Judgment 4149


    128th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish his post and to place him on special leave with pay until the expiry of his fixed-term appointment.

    Consideration 14

    Extract:

    As a result of this flaw in the reassignment process, the complainant lost the opportunity of appointment to another position within WHO with the prospect that he could secure ongoing employment, even after his then existing contract expired. This amounts to a loss of a valuable opportunity. Quantification of the value is difficult and necessarily imprecise. The Tribunal is, nevertheless, satisfied that the complainant’s loss entitles him to material damages assessed in the sum of 60,000 Swiss francs.

    Keywords:

    loss of opportunity; material injury;



  • Judgment 4139


    128th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term contract as a result of her post having been abolished.

    Consideration 10

    Extract:

    [I]t is an established principle that a staff member is required to limit, to the extent possible, the damage that may be caused to him by an administrative decision (see, for example, Judgment 3107, consideration 9).

    Reference(s)

    ILOAT Judgment(s): 3107

    Keywords:

    material injury; mitigation of loss;

    Consideration 10

    Extract:

    [T]he Tribunal cannot accept the complainant’s argument that compensation for the injury in question should take into account a possible renewal of her contract, since such a prospect was purely hypothetical and even, in this case, highly unlikely, in view of the magnitude of the threat to her post.

    Keywords:

    material injury;



  • Judgment 4019


    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 not to grant her a promotion in the 2013 promotion exercise.

    Consideration 11

    Extract:

    The setting aside of this decision does not, in itself, imply that the complainant would actually have been promoted if the proper procedure had been followed. Nevertheless, as her immediate supervisor had submitted a very complimentary promotion proposal, which would normally have been supported by her second-level supervisor, the procedural flaw identified above unduly deprived her of a promotion opportunity. This lost opportunity constitutes material injury which, as the complainant rightly submits, entitles her to compensation (see, for example, Judgments 2869, under 10, or 3084, under 21).

    Reference(s)

    ILOAT Judgment(s): 2869, 3084

    Keywords:

    loss of opportunity; material injury; promotion;



  • Judgment 3884


    124th Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to extend her appointment beyond the mandatory retirement age.

    Consideration 21

    Extract:

    Although the complainant’s request for an extension of her appointment was rejected [...] on a ground tainted with an error of law, it cannot be assumed, in view of the Director-General’s broad discretion [...], that the request would have been granted had it been lawfully examined. Nevertheless, the complainant was indisputably deprived of a valuable opportunity to have her appointment extended, the loss of which warrants compensation.

    Keywords:

    loss of opportunity; material injury;



  • Judgment 3670


    122nd Session, 2016
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her Staff Performance Appraisal report, as well as the decision not to renew her fixed-term contract.

    Consideration 14

    Extract:

    [T]he overall assessment of her performance originally was and remained, after considered and detailed internal review, unsatisfactory. In the circumstances it would be inappropriate to award material damages on the basis that the complainant lost the opportunity of securing a contract renewal.

    Keywords:

    loss of opportunity; material injury;



  • Judgment 3594


    121st Session, 2016
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish her post and not to renew her fixed-term appointment.

    Consideration 12

    Extract:

    "[T]he Tribunal recognises that [the complainant] lost a valuable opportunity to have the question of her contract renewal properly considered on the basis of a decision on her application for a P-2 field post. Accordingly, the complainant is entitled to material damages for the loss of opportunity to be considered for a contract renewal (see Judgments 2678, under 16 and 17, and 2873, under 10)."

    Reference(s)

    ILOAT Judgment(s): 2678, 2873

    Keywords:

    material damages; material injury;



  • Judgment 3588


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of damages awarded by WHO following his internal appeal against the decision not to match him to a new position after the abolition of his post and to terminate his appointment.

    Consideration 10

    Extract:

    "[T]he HBA’s recommendation that the complainant be awarded his P5 salary, including all benefits, entitlements and compensation for home leave as of [...] until the expiration of his P5 fixed-term contract [...] was an appropriate approach to the material damages which should have been awarded to the complainant. From that amount should be deducted any monies earned from other employment during that period. The complainant says there was none. However this assessment of the material damages would not include the WHO component of the health insurance contribution payable over that period nor the amounts which otherwise would have been payable by way of pension contributions (see, for example, Judgment 3153, under 4-6)."

    Reference(s)

    ILOAT Judgment(s): 3153

    Keywords:

    material damages; material injury;

    Consideration 11

    Extract:

    "[B]ecause the complainant was not appointed to the new P4 position, he lost the valuable benefit of furthering his career in WHO for which he is entitled to material damages."

    Keywords:

    material damages; material injury;



  • Judgment 3566


    121st Session, 2016
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution of Judgment 3239.

    Consideration 13

    Extract:

    "Contrary to what the complainant states incorrectly in her submissions,[...] the Tribunal did not award her an amount equivalent to “five years of her last salary”, but rather the salary “which she would have received if the execution of her contract had continued […] for five years [...].” The CDE therefore had to reconstruct the salary that the complainant would have received had she actually continued her employment during that period, subject to the sole condition that, as the consideration stipulates, this reconstruction should be performed “at the same level of emoluments”, i.e. disregarding any salary increases – resulting, for example, from a promotion – which the complainant might have received during that period.
    However, the allowances and other financial benefits linked to the complainant’s family situation, which formed one element of her salary, were naturally subject under the applicable internal rules to conditions relating to, inter alia, the age and educational arrangements of her dependent children which, by definition, might have been fulfilled for only part of the five years in question."

    Keywords:

    execution of judgment; material injury;



  • Judgment 3436


    119th Session, 2015
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Following the abolition of her post in the context of the CTA restructuring, the complainant successfully impugns the decision to terminate her appointment.

    Consideration 12

    Extract:

    [I]f the CTA considers, in view of its staff complement and budgetary resources, that it cannot actually reinstate the complainant, it shall have to pay her material damages for her unlawful removal from her post. [...] The CTA will [...] be ordered to pay the complainant the equivalent of the salary and allowances of all kinds which she would have received had her contract remained in force for a period of five years [...], less the compensation she received on termination of her contract and any remuneration she may have received during this period. The Centre must also pay the complainant the equivalent of the contributions to pension, provident or social security schemes which it would have had to bear during the same period.

    Keywords:

    material damages; material injury; reinstatement;



  • Judgment 3409


    119th Session, 2015
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal awarded the complainants material and moral damages stemming from IFAD's unlawful decisions and violation of its duty of care.

    Consideration 13

    Extract:

    "As the complainants lost a valuable opportunity to have their contracts renewed in positions other than the abolished positions, the Tribunal awards them material damages in the amount they would have earned at their respective grades for one year [...] including all allowances, benefits and entitlements, less any amounts already received by way of salary and emoluments from any other employment for that period, plus monthly interest of 5 per cent from the date of separation to the date of final payment. The Tribunal awards them moral damages stemming from the unlawful decisions and IFAD’s violation of its duty of care and failure to respect their dignity [...]. The Tribunal does not see any justification for an award of exemplary damages so that claim is dismissed."

    Keywords:

    material injury; moral injury; respect for dignity;

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Last updated: 15.07.2021 ^ top