Material damages (693, 665,-666)

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Keywords: Material damages
Total judgments found: 159

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• Judgment 2306

  
  96th Session, 2004
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 10-11

  Extract:

  "As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, an employee is entitled, in the case of wrongful termination, to salary and entitlements only up to the date on which the contract would normally have expired. Of course, in some circumstances, material damage may extend beyond the salary and allowances that would otherwise have been paid during the course of the contract. Thus, for example, an employee may be entitled to additional compensation if it is shown that he or she lost a valuable chance of having the contract renewed or extended."

  Keywords:

  abuse of power; allowance; amount; compensation; contract; evidence; exception; extension of contract; general principle; injury; limits; material damages; material injury; misuse of authority; official; reconstruction of career; right; salary; termination of employment;
  

  
  
  

• Judgment 2197

  
  94th Session, 2003
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 33

  Extract:

  "Since compliance with internal appeal procedures is a condition precedent to access to the tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed. Here, while the [Joint Appeals] Board, once the meetings had started, came to its conclusion fairly quickly, there can be no valid excuse to justify the delay of over twenty months between the filing of the internal appeal and the start of the hearings. No doubt some of this was due to the complainant herself and the long convoluted and complicated nature of her pleadings, which frequently contradict themselves, but [the organization] cannot escape responsibility for the inordinate amount of time taken." The Tribunal awards 3 000 euros in damages.

  Reference(s)

  ILOAT Judgment(s): 2072
  

  Keywords:

  administrative delay; delay; internal appeal; internal appeals body; internal remedies exhausted; material damages; moral injury; oral proceedings; organisation's duties; staff member's duties;
  

  
  
  

• Judgment 2190

  
  94th Session, 2003
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "It is incomprehensible that no internal administrative investigation was conducted following an accident which involved a [...] vehicle [of the organization] driven by an employee of the organization in the context of an official mission, and which caused the death of two passengers, one of whom was a [...] staff member [of the organization], as well as the serious injuries suffered by the complainant. The fact that the Namibian authorities opened their own enquiry could not in any way exempt the organization from ascertaining whether the condition of the vehicle, the preparation of the mission and, more generally, the circumstances of the accident revealed any administrative failure, the consequences of which it would have a duty to bear. [...] There is no evidence to suggest that any internal enquiry whatsoever was conducted in connection with this accident. This failure caused the complainant an injury which the Tribunal considers to be equitably compensated by an award of 5,000 United States dollars."

  Keywords:

  injury; inquiry; investigation; material damages; member state; misconduct; moral injury; omission; organisation's duties; professional accident; service-incurred;
  

  
  
  

• Judgment 2116

  
  92nd Session, 2002
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "A staff member who files an appeal is entitled to expect a decision to be taken within a reasonable time. Since an internal appeal is a necessary prelude to judicial review, the organization too must respect the need for expeditious proceedings. In this case more than two-and-a-half years elapsed between the complainant's appeal to the Appeals Committee and the Director-General's decision to reject it. Circumstances and the nature of the case demanded an expeditious appeal procedure. Since, in the internal appeal, the complainant was challenging a decision not to keep her on and claiming reinstatement, she needed to know quickly what the outcome of the appeal would be. Indeed, her future to some extent depended on it. Though it raised some delicate issues, the case was not particularly complex. The conclusion is that the appeal was not sufficiently expeditious. The amount of time usually needed to deal with such a case was far exceeded. As a result the complainant suffered injury warranting redress."

  Keywords:

  contract; delay; exception; internal appeal; internal appeals body; material damages; moral injury; non-renewal of contract; organisation's duties; reasonable time; staff member's interest; time limit;
  

  Consideration 5

  Extract:

  "The [organization] was cavalier in the way in which it informed [the complainant] of what was to become of the selection process. For the complainant it was particularly important that she be informed promptly whether she could expect to be appointed, so that she could start to look for another job if need be. She contends, and the [organization] does not demur, that she had the more reason to be optimistic as she had been told unofficially that of all the applicants, she stood the best chance of being appointed. In these circumstances, the [organization] ought to have [informed] her [...] that reclassification was a serious possibility for the post in question. But it did not [...] thereafter, when a decision was taken [...] to withdraw the vacancy announcement, the organization should have informed the candidates immediately. [...] The complainant was so informed in writing [...] nearly four months later. Even if [...] she was informed by telephone [...] written notification was nonetheless an obligation. The complainant's personal interests have undoubtedly been harmed and some redress for the material and moral injury she suffered is warranted [...]."

  Keywords:

  appointment; assignment; candidate; competition; competition cancelled; date of notification; delay; duty to inform; material damages; material injury; moral injury; organisation's duties; post; post classification; procedure before the tribunal; staff member's interest; time limit; vacancy notice;
  

  
  
  

• Judgment 2096

  
  92nd Session, 2002
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  The complainant seeks her reinstatement, but the Tribunal finds this remedy inappropriate, particularly since the post that she held has been abolished. It is therefore bound to award damages in compensation for the material and moral prejudice arising out of the unlawful decision not to renew her fixed-term contract. Taking into account all the circumstances of the case, and particularly the fact that the complainant was not entitled to the automatic renewal of her contract, the Tribunal sets the compensation due at 40,000 United States dollars.

  Keywords:

  compensation; material damages; reinstatement;
  

  
  
  

• Judgment 1942

  
  88th Session, 2000
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "A general principle of law [...] has it that for a claim for damages to be entertained, the complainant must provide evidence of the actual injury and of a causal link between the unlawful act and the injury suffered."

  Keywords:

  burden of proof; cause; evidence; general principle; injury; material damages; moral injury;
  

  
  
  

• Judgment 1904

  
  88th Session, 2000
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  When the Tribunal gives an organisation the choice to either reinstate a complainant or pay damages, and the organisation chooses to pay damages, it does not have to pay the contributions of the pension fund or the staff health insurance.

  Keywords:

  allowance; contribution rate; contributions; health insurance; illness; insurance; judgment of the tribunal; material damages; pension; reconstruction of career; reinstatement; unjspf;
  

  
  
  

• Judgment 1888

  
  87th Session, 1999
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "The Tribunal's jurisdiction is limited to the review of administrative decisions taken by international organisations affecting the employment conditions of their employees. Where such decisions are found to be reviewable and where they have caused harm, the Tribunal will exercise its jurisdiction to order reparation thereof. The Tribunal is not, however, a civil court of general jurisdiction in matters of delict and contract. Even where they may be causally related to injury suffered by someone, prejudice and malfeasance do not give rise to a claim for damages before the Tribunal unless they can be related to a specific administrative decision which has become final and against which the complainant has exhausted all available internal remedies."

  Keywords:

  bias; compensation; competence of tribunal; contract; decision; injury; internal remedies exhausted; judicial review; limits; material damages; moral injury; staff regulations and rules;
  

  
  
  

• Judgment 1875

  
  87th Session, 1999
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 32

  Extract:

  "An international organisation is liable for the material and moral damages resulting from the injury caused to a staff member by his superior (acting in the course of his duties and not in a private capacity) by treatment that is an affront to the staff member's personal and professional dignity (Judgment 1609 [...]); and for victimisation consequent upon improper treatment (Judgment 1376 [...]). A staff member is entitled to have his good name vindicated by the organisation when a superior makes false allegations against him and to redress for the harm caused ([see] Judgment[s] 1340 [and] 1344 [...]). When a third party makes false allegations against a staff member, the organisation should communicate its view that the allegations are without foundation (Judgment 1376 [...])."

  Reference(s)

  ILOAT Judgment(s): 1340, 1344, 1376, 1609
  

  Keywords:

  abuse of power; burden of proof; compensation; injury; liability; material damages; material injury; misuse of authority; moral injury; organisation's duties; respect for dignity; supervisor;
  

  
  
  

• Judgment 1553

  
  81st Session, 1996
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 24

  Extract:

  UNESCO Staff Regulation 4.4 grants priority to serving staff for appointment to vacant posts. "Despite the unanimous recommendations by the senior personnel advisory boards and by the Appeals Board the Organization failed to give the complainant priority for vacant posts. It put the wrong question to its units and to its bureau of personnel. The right question was not whether there was a post that fitted her qualifications and experience but whether there was a post of which she was capable of fulfilling the duties competently. [...] No instructions went out that she should be given priority for any vacant posts. So the decision to terminate her services rested on a misinterpretation of Regulation 4.4 and so on a mistake of law. That decision must therefore be set aside".

  Reference(s)

  Organization rules reference: UNESCO STAFF REGULATION 4.4
  
  

  Keywords:

  abolition of post; candidate; decision; internal candidate; interpretation; material damages; moral injury; organisation's duties; priority; qualifications; reassignment; reinstatement; staff regulations and rules; termination of employment; vacancy;
  

  
  
  

• Judgment 1551

  
  81st Session, 1996
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "A claim to damages cannot succeed unless the claimant proves the unlawful act and the consequent injury. Since the complainant has not done so, his claim to damages must fail."

  Keywords:

  complainant; condition; evidence; injury; material damages; moral injury; request by a party;
  

  
  
  

• Judgment 1516

  
  81st Session, 1996
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  The complainant seeks "damages for the material and moral injury she has sustained on account of UNESCO's refusal to take up her claim. The Tribunal is satisfied on the evidence that the defendant has been guilty of wrongful dilatoriness and shifts of position. It will award her damages for moral injury on that count, and in the light of all the circumstances of the case it sets the amount ex aequo et bono at 5,000 dollars."

  Keywords:

  administrative delay; internal appeal; material damages; moral injury; procedure before the tribunal;
  

  
  
  

• Judgment 1450

  
  79th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 20

  Extract:

  Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] It may not refuse the complainants access to the appeal procedure on the grounds that they are 'auxiliary' staff, yet say that they ought, in what amounted to preliminary appeal [...] to have demarcated the full ambit of any future litigation."

  Keywords:

  claim; good faith; internal appeal; internal remedies exhausted; material damages; organisation's duties; receivability of the complaint; status of complainant;
  

  Consideration 20

  Extract:

  Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] The organisation must realise, it is precisely in cases like this, about termination of employment, that the Tribunal may [...] itself award damages if it deems reinstatement impossible."

  Keywords:

  application of law ex officio; claim; internal remedies exhausted; material damages; receivability of the complaint; reinstatement; subsidiary;
  

  
  
  

• Judgment 1406

  
  78th Session, 1995
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "The Tribunal dismisses [the complainant's] claims to reinstatement or payment of two years' salary and to further moral damages to cover the injury to her future financial prospects since there was nothing unlawful in the WHO's refusal to reinstate her or extend her appointment."

  Keywords:

  claim; contract; good faith; material damages; moral injury; non-renewal of contract; organisation's duties; reinstatement;
  

  
  
  

• Judgment 1386

  
  78th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 27

  Extract:

  The complainant was wrongfully dismissed following probation. The Tribunal holds that "in material damages the EPO shall pay him an amount equivalent to the emoluments he would have earned from the date of dismissal until the end of the month in which the Tribunal delivers the present judgment. Since he has convincingly shown that he has not been employed since the EPO dismissed him, the organisation may not subtract from that amount any indemnities or other earnings he may have received during that period."

  Keywords:

  compensation; flaw; material damages; material injury; probationary period; reckoning; termination of employment;
  

  Consideration 26

  Extract:

  "The relief the complainant seeks includes reinstatement in his post or, failing that, damages for material and moral injury [...]. The Tribunal holds that reinstatement, which could only mean reinstatement for a further probationary period, would raise insurmountable practical difficulties because of the time that has elapsed since the date of dismissal [...]. [The complainant is] entitled to full compensation for the material and moral injury he sustained."

  Keywords:

  compensation; date; material damages; material injury; moral injury; probationary period; refusal; reinstatement; subsidiary; termination of employment;
  

  
  
  

• Judgment 1383

  
  78th Session, 1995
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 14-15

  Extract:

  The selection process for a vacancy that had been put up for competition was fatally flawed because the successful candidate did not meet the minimum requirements in the vacancy notice. The complainant "admits that she drafted the description to fit her own qualifications and experience [and that she was] endeavouring from the outset to pervert the process to secure her own appointment. [...] In the circumstances she is not entitled to any damages at all. [...] Accordingly, the Tribunal will [not] award the complainant damages for material or moral injury."

  Keywords:

  candidate; compensation; competition; good faith; material damages; moral injury; vacancy notice;
  

  
  
  

• Judgment 1380

  
  78th Session, 1995
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  The complainant is seeking material and moral damages. The Tribunal observes that she made no such claim during the internal appeals proceedings and holds that her claim "is irreceivable under Article VII(1) of the Tribunal's Statute because she has not exhausted the internal means of appeal."

  Reference(s)

  ILOAT reference: ARTICLE VII(1) OF THE STATUTE
  
  

  Keywords:

  claim; iloat statute; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; receivability of the complaint;
  

  
  
  

• Judgment 1365

  
  77th Session, 1994
  World Tourism Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The organization submits that there was no point in resuming the process of appointment as ordered in Judgment 1272. "But there the organization shows misunderstanding about the effect of a judgment. The quashing of [Mr. X's] appointment [...] being res judicata, it had a duty under the judgment to resume the process from the date of the unlawful appointment, regardless of the new situation arising from the expiry of [Mr. X's] appointment and his assignment to [another] post [...]. The complainants are therefore right in contending that the organization was at fault in refusing to carry out the process properly."

  Reference(s)

  ILOAT Judgment(s): 1272
  

  Keywords:

  application for execution; breach; consequence; execution of judgment; flaw; judgment of the tribunal; material damages; organisation's duties; procedure before the tribunal; res judicata;
  

  
  
  

• Judgment 1351

  
  77th Session, 1994
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "The Organisation's failure to have the appraisal of the complainant's performance [...] available when it decided not to renew his contract was a procedural flaw which had the effect of excluding an essential fact from consideration."

  Keywords:

  administrative delay; contract; disregard of essential fact; material damages; non-renewal of contract; performance report; procedural flaw; work appraisal;
  

  
  
  

• Judgment 1319

  
  76th Session, 1994
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "By causing or allowing [a delay of more than one year between the internal appeal and the final decision] and by denying the Board of Appeal the information which would have enabled it to give a timely and complete opinion on the complainant's case the organization fell short of the requirements of due administrative process and of the standards of care it must apply to its staff. In the circumstances, the complainant is entitled to the sum [...] she has claimed in damages and costs."

  Keywords:

  administrative delay; costs; due process; duty to inform; internal appeals body; material damages; moral injury; organisation's duties;
  

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