Compensation (585,-666)
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Keywords: Compensation
Total judgments found: 139
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Judgment 1159
72nd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As to the lack of proper notice, the Director-General's decision [...] to grant him another two years' appointment affords ample compensation".
Keywords:
compensation; contract; fixed-term; non-renewal of contract; notice;
Judgment 1112
71st Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant contends that her salary was unlawfully withheld and she seeks compensation for the financial injury caused to her by the FAO.
Keywords:
compensation; material injury; salary;
Judgment 990
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Having put the scale of pensionable remuneration into its own Staff Regulations, the ILO has a duty to ensure the payment of the corresponding benefits. The sole purpose of pensionable remuneration is the reckoning of the pension, and if the pension discounts the scale in the Staff Regulations because the organisation has entrusted the matter to another body, the ILO must make good the loss to its staff, who are entitled to have the regulations applied. Any difference of opinion there may be between the ILO and the fund is of no concern to the staff."
Keywords:
compensation; enforcement; injury; organisation's duties; pension; pensionable remuneration; staff regulations and rules; unjspf;
Judgment 971
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"Besides an annual invalidity pension, an employee is entitled under Rule 14 of the compensation rules to lump-sum compensation for permanent loss of a member or function [thereof]".
Keywords:
compensation; incapacity; invalidity; lump-sum;
Consideration 18
Extract:
"According to the Organization's own interpretation of Rule 14, the sum awarded in compensation for permanent loss of function is intended to cover loss of enjoyment of life as well and the percentages should be considered to reflect such loss in the 'normal situation'. The Tribunal considers that the complainant's case goes beyond the 'normal situation'. [...] The Tribunal accordingly awards him a further 5 per cent of the basic figure".
Keywords:
compensation; incapacity; invalidity; loss of enjoyment of life;
Judgment 907
64th Session, 1988
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant "is not entitled to damages for his wife's loss of salary and pension rights. Even if proven, the injury would not be directly attributable to the unlawful decisions."
Keywords:
compensation; consequence; decision; injury; material damages; moral injury; termination of employment;
Judgment 896
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"When his post is abolished someone with a fixed-term appointment is ordinarily entitled to fair compensation or other redress. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation, and seniority, record of service and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."
Keywords:
abolition of post; amount; compensation; contract; elements; fixed-term; organisation's duties; terminal entitlements; termination of employment;
Judgment 873
63rd Session, 1987
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Staff Regulations do not say what notice shall be given or how much shall be paid in compensation to the redundant staff member. [...] When his post is abolished someone with a fixed-term appointment is ordinarily entitled to notice and to fair and reasonable compensation. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation and seniority and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
abolition of post; amount; compensation; elements; moral injury; no provision; notice; organisation's duties; terminal entitlements;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant was inconsiderately left idle. The organisation ought to have done its utmost to set the situation right. "The Tribunal holds that the ilo caused serious injury to the complainant's feelings and reputation and was in breach of its obligations. It shall pay her compensation for moral injury. Inasmuch as it finds the ILO at fault the present judgment itself affords a remedy, but she is also entitled to damages for the serious prejudice she has suffered [...]."
Keywords:
allowance; breach; compensation; misconduct; moral injury; organisation; organisation's duties; professional injury; refusal to assign work;
Consideration 3
Extract:
"The complainant argues that the unfair treatment lies in her being kept idle for so long. Accordingly the time limit for filing an appeal did not begin on the date on which her supervisor decided, while keeping her on her post, to give her no more work: the injury occurred only with the passage of time. Thus, although it was only after being kept idle for a considerable lapse of time that the complainant appealed to the Director-General, and then to the Tribunal, for compensation for the injury she alleged, her claims are not time-barred and her complaint is receivable."
Keywords:
compensation; complaint; date; executive head; iloat; injury; internal appeal; period; post; receivability of the complaint; refusal to assign work; request by a party; start of time limit; supervisor; time bar;
Judgment 402
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
As to loss of earning capacity on account of long-term invalidity, "there is no general principle by which compensation is restricted to the period of the employee's contract with the employer who is liable. It is quite usual for persons of pensionable age to seek further employment and there is no reason why a loss of earning capacity should not apply to that."
Keywords:
compensation; duration of appointment; incapacity; invalidity; material damages; period; professional accident; retirement; service-incurred;
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 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 250
34th Session, 1975
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
A clause in the complainant's contract provides for compensation in the event of "illness". It is unclear whether the term applies to all cases of illness or only to cases of illness which were due to performance of duties. Under the second interpretation, the person concerned would be entitled to full compensation for the prejudice suffered and its direct consequences, for example disability. "Without settling that question, and assuming in the complainant's favour that the second interpretation is correct", the Tribunal notes that the illness was not related to the performance of his duties.
Keywords:
compensation; condition; contract; illness; injury; interpretation; provision; service-incurred;
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. 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 175
26th Session, 1971
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
According to the dossier, at least some of the ailments affecting the complainant can be attributed exclusively to his age and not to the sequelae of a service-incurred accident. He cannot be regarded as having a disability affecting his earning capacity which results from that accident. He does not therefore meet the conditions laid down by the material provision. The Director-General was justified in refusing to apply the provision to his case.
Keywords:
cause; compensation; condition; incapacity; professional accident; service-incurred;
Judgment 88
15th Session, 1965
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Both parties having agreed to the settlement of the complainant's claims by means of the payment of compensation, the Tribunal's task is confined to fixing the amount of such compensation. In any event, the complainant is entitled only to compensation for the injury actually caused to him by the rescinded decision."
Keywords:
amount; compensation; competence of tribunal; complainant; offer; organisation; reckoning; right; settlement out of court;
Judgment 70
12th Session, 1964
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration II (3)
Extract:
General principle concerning the rights of the international civil service: it is the duty of the organisation to protect and assist its officials in the performance of their functions or in connection therewith (cf. International Court of Justice: reparation for injuries suffered in the service of the United Nations; Advisory Opinion, I.C.J. reports, 1949, page 174).
Keywords:
advisory opinion of icj; compensation; icj; injury; international civil service principles; organisation's duties;
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;
Consideration 9
Extract:
The complainant's claim for damages was well-founded. Compensation was paid to him after filing, but before the complaint was heard by the Tribunal. The complainant is entitled to costs. "As the Tribunal does not award costs to defendant organizations, the above-mentioned costs cannot be set off against costs in respect of the mistaken claim for transportation expenses withdrawn by the complainant after the submission of the organization's reply."
Keywords:
case pending; compensation; costs; exception; offer; organisation; settlement out of court;
Judgment 33
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The offer to pay the complainant compensation for the moral and material prejudice he suffered equivalent to six months' salary together with allowances has been maintained before the Tribunal; "the fact that the Director-General admitted the principle of granting compensation to the complainant in respect of the prejudice caused to him was such as to lead the complainant to file his complaint; [...] taking into account the particular circumstances of the case it appears justified that, as an exceptional measure, the complainant be granted compensation by way of participation in his costs."
Keywords:
acceptance; compensation; costs; exception; injury; material injury; moral injury; offer; organisation; settlement out of court; tribunal;
Judgment 28
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
"The complainant, by accepting on several occasions and without reservation the payments made to him by the organisation [...], may be considered under general principles of law as having acquiesced in the actual offers which were made to him and as having relinquished the remainder of his claims."
Keywords:
acceptance; acquiescence; cause of action; compensation; no cause of action; offer; waiver of right of appeal;
Judgment 26
6th Session, 1957
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The accident occurred in the course of employment and must consequently be deemed to have arisen out of employment [and] reasonable compensation must therefore be paid to the complainant".
Keywords:
compensation; consequence; definition; presumption; professional accident; right; service-incurred;
Consideration 4
Extract:
"The complainant adduces no satisfactory evidence that she suffered any working incapacity [...]. No satisfactory evidence has been adduced to prove that the payment of the sum recommended by the Medical Commission does not fully and generously compensate the complainant for the injury sustained".
Keywords:
advisory opinion; amount; compensation; evidence; incapacity; lack of evidence; medical board;
Consideration 2
Extract:
The complaint is tardy and irreceivable. The complainant, recruited for one month, suffered an accident. "The [...] organization has offered, and maintained its offer in the course of the oral proceedings, to pay the complainant [a] sum [...] amounting to six weeks' salary in fulfillment of its obligations to the complainant. Notwithstanding the fact that the complaint is irreceivable [...], the Tribunal, [...] noting that such payment is offered to the complainant [by the organization], rejects the complaint."
Keywords:
acceptance; compensation; complaint; offer; organisation; professional accident; receivability of the complaint; service-incurred; time bar; tribunal;
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