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Compensation (585,-666)

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Keywords: Compensation
Total judgments found: 130

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  • Judgment 4395


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of compensation awarded to him for the cessation of his shift work activities following a reorganisation.

    Judgment keywords

    Keywords:

    compensation; complaint dismissed; working hours;



  • 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.

    Considerations 15-17

    Extract:

    According to article 4 of the Staff Compensation Plan:
    ďThe compensation payable under these Rules shall be the sole compensation to which any person shall be entitled as against the Organization in respect of any claim falling within the provisions thereofĒ.
    Contrary to the defendant organizationís submissions, these provisions do not preclude a staff member from claiming compensation for the consequences of negligence on the part of the Organization. Such a claim cannot be regarded as being based on the provisions of this plan (see, for similar cases, Judgments 3689, consideration 5, and 3946, consideration 17).
    [...]
    According to the Tribunalís case law, an organization may incur liability in negligence where it fails to take reasonable steps to prevent a foreseeable risk of injury (see Judgments 2804, consideration 25, 3215, consideration 12, and 3733, consideration 12). In the instant case, it is apparent from the file that the floor of the podium set up for the seminar was defective and should have been repaired or, at least, signposted, as evidenced by the occurrence of the accident.[...]
    According to the Tribunalís case law, an international organization has a duty to provide a safe and adequate environment for its staff, and they in turn have the right to insist on appropriate measures to protect their health and safety (see Judgments 3025, consideration 2, 2403, consideration 16, and 3689, consideration 5).
    In the instant case, the Organization, which had ordered the construction of the podium in which the hole was found, should have ensured that this work was properly carried out. It must therefore be recognized that the Organization is at fault.
    Pursuant to the principle that full compensation is due in respect of injuries caused by negligence on the part of the Administration, the complainant is entitled to compensation for injuries not already compensated under the Staff Compensation Plan.

    Reference(s)

    ILOAT Judgment(s): 2403, 2804, 3025, 3215, 3689, 3689, 3733, 3946

    Keywords:

    allowance; compensation; construction work; negligence; professional accident;



  • Judgment 4217


    129th Session, 2020
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to provide her with the record of the investigation that ensued after she filed a harassment complaint against her supervisor, and the fact that she received no compensation for the moral harassment that she claims to have suffered.

    Consideration 9

    Extract:

    According to the Tribunalís case law, by virtue of the principle that an international organisation must provide its staff members with a safe and healthy working environment, it is liable for all injuries caused to a staff member by a supervisor when the victim is subjected to treatment that is an affront to her or his dignity (see, for example, Judgments 1609, under 16, 1875, under 32, 2706, under 5, or 3170, under 33).

    Reference(s)

    ILOAT Judgment(s): 1609, 1875, 2706, 3170

    Keywords:

    compensation; harassment; moral injury; respect for dignity; working conditions;



  • 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 11

    Extract:

    At this stage in its findings, the Tribunal would normally remit the case to the Organisation for the Director General to take a new decision concerning the disputed competition procedure, this time basing his assessment on a consideration of the exact substance of the findings of the selection board.
    However, the response to the Tribunalís request for further information shows that the complainant retired on 1 January 2019. Since the issue of his possible appointment to the post in question has become moot, it is not advisable to remit the case to Eurocontrol, but the Tribunal will award the complainant compensation for the various injuries caused to him by the contested decisions, as foreseen by Article VIII of the Statute of the Tribunal in cases of this type.

    Keywords:

    compensation; competition; competition cancelled;



  • Judgment 4158


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant submits that WIPO has not fully compensated her for the injury that she suffered as a result of being subjected to harassment.

    Consideration 7

    Extract:

    The amount of compensation must be the subject of a specific examination, which takes into account all relevant factors, such as the seriousness, nature and duration of the injury suffered and also whether or not the organization withdrew the irregular decision and rectified the irregularity.

    Keywords:

    burden of proof; compensation; moral injury;



  • Judgment 4157


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2013 was irregular and contests the partial modification thereof.

    Consideration 9

    Extract:

    The amount of compensation must be the subject of a specific examination, which takes into account all relevant factors, such as the seriousness, nature and duration of the damage suffered and also whether or not the organization withdrew the irregular decision and rectified the irregularity.
    In order to justify increasing the award of compensation, the complainant cites numerous irregularities committed by the reviewing officer, the violation of the adversarial principle owing to the absence of discussion prior to her evaluation, the formal flaw in the evaluation, which was not written in electronic form but handwritten, the lateness of the 2012 evaluation, the absence of dialogue, the clear desire to negate and denigrate her work, misuse of authority, and partiality against her.
    The Appeal Board concluded that the shortcomings in the 2013 evaluation for the complainant were ďobvious and numerousĒ. The Director General shared this view and removed the reviewing officerís comments and rating. Consequently, the complainantís arguments concerning the irregularities committed by the reviewing officer, as set out above, have become moot and there is no need to examine them. Furthermore, the cited irregularities are not, in the present case, such as to aggravate the moral injury suffered by the complainant.

    Keywords:

    claim moot; compensation;



  • Judgment 4156


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2012 was irregular.

    Consideration 6

    Extract:

    The amount of compensation must be the subject of a specific examination, which takes into account all relevant factors, such as the seriousness, nature and duration of the damage suffered and also whether or not the organization withdrew the irregular decision and rectified the irregularity. In this case, the evaluation Ė which, incidentally, was belated Ė contained unjustified and inappropriately worded criticisms. The complainant states that her dignity was hurt by the irregularities committed and that she was shocked at the aggressive and hostile behaviour of the reviewing officer, who expressed her views using excessive language. She emphasizes that, even though the disputed evaluation was withdrawn, this was only done after more than 16 months, during which time she suffered ďsevere stress and anxietyĒ.

    Keywords:

    burden of proof; compensation; moral injury;



  • Judgment 4138


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 50

    Extract:

    It is necessary to consider what is the appropriate relief. In a number of cases in which the complainants have established that a decision to adjust salaries was unlawful, the order of the Tribunal has been to set aside the impugned decision and to remit the matter to the organization to consider the matter afresh and make a new decision (see, for example, Judgments 1821, consideration 11, and 3324, considerations 22 and 23). However, in the present case, the unlawfulness of the administrationís decision flowed from the unlawfulness of the decision of the ICSC. The decisions to implement ICSC/CIRC/PAC/518 and ICSC/CIRC/PAC/522 are unlawful. WIPO cannot, by a new decision, render the ICSCís decisions lawful. Accordingly, WIPO should be ordered to reinstate the applicable PAM in place immediately before the decision to reduce salaries was taken and pay the complainants the salary lost between then and the time the PAM is reinstated, together with interest.

    Reference(s)

    ILOAT Judgment(s): 1821, 3324

    Keywords:

    compensation; icsc decision; material damages; post adjustment;



  • Judgment 4137


    128th Session, 2019
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 42

    Extract:

    It is necessary to consider what is the appropriate relief. In a number of cases in which the complainants have established that a decision to adjust salaries was unlawful, the order of the Tribunal has been to set aside the impugned decision and to remit the matter to the organization to consider the matter afresh and make a new decision (see, for example, Judgments 1821, consideration 11, and 3324, considerations 22 and 23). However, in the present case, the unlawfulness of the administrationís decision flowed from the unlawfulness of the decision of the ICSC. The decisions to implement ICSC/CIRC/PAC/518 and ICSC/CIRC/PAC/522 are unlawful. The ITU cannot, by a new decision, render the ICSCís decisions lawful. Accordingly, the ITU should be ordered to reinstate the applicable PAM in place immediately before the decision to reduce salaries was taken and pay the complainants and interveners the salary lost between then and the time the PAM is reinstated, together with interest.

    Reference(s)

    ILOAT Judgment(s): 1821, 3324

    Keywords:

    compensation; icsc decision; material damages; post adjustment;



  • Judgment 4136


    128th Session, 2019
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 42

    Extract:

    It is necessary to consider what is the appropriate relief. In a number of cases in which the complainants have established that a decision to adjust salaries was unlawful, the order of the Tribunal has been to set aside the impugned decision and to remit the matter to the organization to consider the matter afresh and make a new decision (see, for example, Judgments 1821, consideration 11, and 3324, consideration 22). However, in the present case, the unlawfulness of the administrationís decision flowed from the unlawfulness of the decision of the ICSC. The decisions to implement ICSC/CIRC/PAC/518 and ICSC/CIRC/PAC/522 are unlawful. IOM cannot, by a new decision, render the ICSCís decisions lawful. Accordingly, IOM should be ordered to reinstate the applicable PAM in place immediately before the decision to reduce salaries was taken and pay the complainants and interveners the salary lost between then and the time the PAM is reinstated, together with interest.

    Reference(s)

    ILOAT Judgment(s): 1821, 3324

    Keywords:

    compensation; icsc decision; material damages; post adjustment;



  • Judgment 4135


    128th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 49

    Extract:

    It is necessary to consider what is the appropriate relief. In a number of cases in which the complainants have established that a decision to adjust salaries was unlawful, the order of the Tribunal has been to set aside the impugned decision and to remit the matter to the organization to consider the matter afresh and make a new decision (see, for example, Judgments 1821, consideration 11, and 3324, considerations 22 and 23). However, in the present case, the unlawfulness of the administrationís decision flowed from the unlawfulness of the decision of the ICSC. The decisions to implement ICSC/CIRC/PAC/518 and ICSC/CIRC/PAC/522 are unlawful. WHO cannot, by a new decision, render the ICSCís decisions lawful. Accordingly, WHO should be ordered to reinstate the applicable PAM in place immediately before the decision to reduce salaries was taken and pay the complainants and interveners the salary lost between then and the time the PAM is reinstated, together with interest.

    Reference(s)

    ILOAT Judgment(s): 1821, 3324

    Keywords:

    compensation; icsc decision; material damages; post adjustment;



  • Judgment 4134


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 50

    Extract:

    It is necessary to consider what is the appropriate relief. In a number of cases in which the complainants have established that a decision to adjust salaries was unlawful, the order of the Tribunal has been to set aside the impugned decision and to remit the matter to the organization to consider the matter afresh and make a new decision (see, for example, Judgments 1821, consideration 11, and 3324, considerations 22 and 23). However, in the present case, the unlawfulness of the administrationís decision flowed from the unlawfulness of the decision of the ICSC. The decisions to implement ICSC/CIRC/PAC/518 and ICSC/CIRC/PAC/522 are unlawful. The ILO cannot, by a new decision, render the ICSCís decisions lawful. Accordingly, the ILO should be ordered to reinstate the applicable PAM in place immediately before the decision to reduce salaries was taken and pay the complainants and interveners the salary lost between then and the time the PAM are reinstated, together with interest.

    Reference(s)

    ILOAT Judgment(s): 1821, 3324

    Keywords:

    compensation; icsc decision; material damages; post adjustment;



  • Judgment 4091


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant primarily challenges the amount of compensation offered to her by the IAEA in respect of a harassment complaint.

    Judgment keywords

    Keywords:

    compensation; complaint dismissed; harassment; settlement out of court;



  • 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 4012


    126th Session, 2018
    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 compensation for the harm allegedly caused to him by the fact that emails that he considers to be defamatory were stored in a folder accessible to all users of the FAOís IT network.

    Judgment keywords

    Keywords:

    compensation; complaint dismissed; defamation;



  • Judgment 4003


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks compensation for damages related to her arrest and detention in Libya while on an official mission.

    Judgment keywords

    Keywords:

    compensation; complaint allowed; official travel; service-incurred;



  • Judgment 3998


    126th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant her compensation pending a determination by a medical expert as to whether her illness in 2012 through 2014 was service-incurred.

    Judgment keywords

    Keywords:

    compensation; complaint dismissed; illness; service-incurred;



  • Judgment 3995


    126th Session, 2018
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the measures taken by IFAD following its investigation into his allegations of harassment.

    Consideration 9

    Extract:

    Contrary to the view expressed by [the organisation] in its written submissions, in this case, the fact that disciplinary action was taken against the complainantís supervisors at the end of the investigation on account of their misconduct did not by any means suffice to redress the injury caused to the complainant. Since the conditions for applying the case law cited above were indubitably met, even though the complainant was not the sole victim of some of the improper behaviour in question, it was incumbent upon the organisation to grant him monetary compensation under this head. By refusing to do so, the President of [the organisation] committed an error of law which constitutes an additional flaw in the impugned decision.

    Keywords:

    compensation; damages;



  • Judgment 3984


    126th Session, 2018
    African, Caribbean and Pacific Group of States
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The ACP Group has filed an application for review and interpretation of Judgment 3845.

    Consideration 7

    Extract:

    [T]here is no contradiction between setting aside an unlawful decision and compensating the injury caused by it.

    Keywords:

    compensation; decision quashed; injury;



  • Judgment 3919


    125th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director-Generalís decision to reject her claim for compensation for service-incurred illness.

    Considerations 13 & 14

    Extract:

    Contrary to WHOís assertion, there is no evidence to support its contention of the ACCC having made a thorough analysis. [...]
    [I]t is observed that in arriving at the conclusion that there were no valid reasons for the claim to be accepted for consideration, the Director-General did not take into consideration that the progressive nature of the complainantís illness and all of her relevant surrounding personal circumstances presented valid reasons for making the claim for compensation on the date that she did.

    Keywords:

    compensation; evidence; illness;

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Last updated: 28.09.2021 ^ top