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Loss of opportunity (665,-666)

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Keywords: Loss of opportunity
Total judgments found: 20

  • 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 4229


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former staff member of the World Food Programme, challenges the decision to maintain the decision not to renew his contract, and to award him material and moral damages instead of reinstatement.

    Consideration 4

    Extract:

    Notwithstanding the setting aside of the impugned decision, the Tribunal considers that the award of 70,000 euros, which the Organization paid to the complainant for the lost opportunity to be considered for renewal, was reasonable. Accordingly, it will be unnecessary to award him any further sum in this regard. Although in the impugned decision the Director-General purported to “set aside” the decision not to renew the complainant’s fixed-term contract, the fact remains that the complainant was separated from service without a valid reason and was not reinstated. It is perhaps this, above all, that justifies the significant amount of damages awarded to him by the Director-General. There is no other basis for awarding further damages for the invalid 2012 PACE appraisal report and the unlawful decision not to renew the complainant’s appointment.

    Keywords:

    fixed-term; formal flaw; loss of opportunity; material damages; non-renewal of contract; performance report; procedural flaw;



  • 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:

    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 4097


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions to end her participation in the reassignment process and to terminate her fixed-term appointment further to the abolition of her post.

    Consideration 17

    Extract:

    [T]he complainant did lose a valuable opportunity to secure and remain in employment in WHO because of the too narrowly focused reassignment process. While the value of that loss is difficult to quantify, it is nonetheless of value. [...]

    Keywords:

    loss of opportunity; material damages;



  • 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 3970


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to prolong his service beyond the mandatory retirement age.

    Considerations 11-12

    Extract:

    Although the complainant’s request for a prolongation of his service was dismissed on the basis of irrelevant grounds, it cannot be said with certainty that the request would not have been rejected by the Administrative Council for another reason – assuming that the President had submitted a proposal in the complainant’s favour – in view of the broad discretion exercised by that collective body in applying Article 54 of the Service Regulations to members of boards of appeal. Nevertheless, the complainant was indisputably deprived of a valuable opportunity to have his appointment prolonged, which was all the more significant in view of the Selection Committee’s proposal in his favour, and the loss of that opportunity warrants redress.
    In the light of these various considerations, the Tribunal finds, in the circumstances of the case, that the complainant must be awarded a sum equivalent to two years’ remuneration, calculated on the basis of his final net salary before he left the EPO, less the amount of payments from various retirement pensions which he received in respect of the 24 months following his departure and any professional earnings during that same period.
    As this lump sum must be regarded as compensation for all material injury suffered by the complainant as a result of the refusal to prolong his service, there is no reason to grant the complainant’s claims for a recalculation of his net pension benefit from the pension scheme for permanent employees of the Office.

    Keywords:

    age limit; loss of opportunity; material damages;



  • Judgment 3942


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reinstate her in her former position.

    Consideration 12

    Extract:

    The complainant seeks reinstatement but, given the effluxion of time, such an order would be inappropriate. However, in addition to the compensation already paid, the complainant is entitled to material damages for the lost opportunity of future and further employment beyond 12 months with UNESCO, which the Tribunal assesses in the sum of 40,000 dollars.

    Keywords:

    loss of opportunity; material damages; reinstatement;



  • Judgment 3918


    125th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.

    Consideration 5

    Extract:

    [T]he Director-General accepted in her decision of 17 June 2015 that the complainant had lost an opportunity to be reassigned to another position within the Organization because of a failure, in the reassignment process, to consider the complainant for one of two specified positions. This is not contested by WHO in its reply. The Tribunal’s case law establishes that, in such circumstances, a complainant is entitled to material damages (see, for example, Judgments 3756, consideration 14, 3755, consideration 20, 3754, consideration 21, 3753, considerations 15 and 17, and 3752, consideration 17). [...] At the time of the complainant’s termination of appointment, he had approximately five years remaining employment under his continuing appointment, was 55 years old and had served as an official of WHO for a little over 30 years. These factors influence the assessment of the material damages, particularly the fact that the complainant was some considerable time off retiring. The Tribunal assesses the material damages for this lost opportunity in the sum of 80,000 United States dollars.

    Reference(s)

    ILOAT Judgment(s): 3752, 3753, 3754, 3755, 3756

    Keywords:

    abolition of post; loss of opportunity; material damages; termination of employment;



  • 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 3838


    124th Session, 2017
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment.

    Consideration 9

    Extract:

    Although, having regard to all the circumstances, the complainant could have little hope of his appointment being renewed, it cannot be said that his chances of obtaining a renewal were nil.

    Keywords:

    loss of opportunity; renewal of contrat;



  • Judgment 3734


    123rd Session, 2017
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the IAEA’s decision not to pay her compensation for the loss of earning capacity beyond the age of 60.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; loss of opportunity;



  • Judgment 3688


    122nd Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to abolish her post and to separate her from service.

    Consideration 32

    Extract:

    The complainant seeks an order that WHO should reinstate her to her post which was unlawfully abolished. It was however stated, in Judgment 3353, consideration 35, for example, that the reinstatement of a person on a fixed-term contract can be ordered in only exceptional cases. The circumstances in the present case are not of an exceptional character, but the complainant will be awarded 90,000 euros in material damages for the loss of a valuable opportunity to have her contract renewed, the loss of career opportunity as a result of the unlawful abolition of her post, and for WHO’s failure to make reasonable efforts to reassign her under Staff Rule 1050.2.

    Reference(s)

    Organization rules reference: Staff Rule 1050.2
    ILOAT Judgment(s): 3353

    Keywords:

    abolition of post; loss of opportunity; material damages; reinstatement;



  • 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 3587


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to initiate a new selection procedure after the decisions not to select her for a vacant post and to appoint another candidate were set aside due to a flawed selection procedure.

    Judgment keywords

    Keywords:

    complaint allowed; loss of opportunity; procedural flaw; selection procedure;



  • Judgment 3584


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his non-selection for a vacant post, alleging personal prejudice, and contests the transfer of the selected candidate to a commensurate post.

    Judgment keywords

    Keywords:

    complaint allowed; loss of opportunity; moral injury; procedural flaw; selection procedure;



  • Judgment 3494


    120th Session, 2015
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her candidature for a position in Eurocontrol.

    Consideration 19

    Extract:

    "The Tribunal will not award the complainant the compensation she claims for loss of opportunity because, under the provisions of the Staff Regulations in force, Eurocontrol officials may not in principle be promoted to a higher grade bracket except through a competition (see Judgment 3404, under 8)."

    Reference(s)

    ILOAT Judgment(s): 3404

    Keywords:

    loss of opportunity; selection procedure;



  • Judgment 3129


    113th Session, 2012
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; loss of opportunity; selection procedure;


 
Last updated: 23.10.2020 ^ top