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Material damages (693, 665,-666)

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Keywords: Material damages
Total judgments found: 159

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  • Judgment 1313


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

    Consideration 6

    Extract:

    In an earlier judgment the Tribunal ordered the WHO to reinstate the complainant or, failing that, to pay him compensation. The WHO paid him the compensation after stating in a letter to him that it was unable to reinstate him. "The letter [...] does not say why reinstating him proved impossible. It is mere notification, not an explanation [...] its decision not to reinstate him therefore cannot stand."

    Keywords:

    application for execution; duty to substantiate decision; material damages; refusal; reinstatement; subsidiary;



  • Judgment 1246


    74th Session, 1993
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The procedural flaw caused the complainant injury. As to the relief she is entitled to on that account, the Tribunal holds that it is not advisable to grant her the redress that would ordinarily be the consequence of quashing the impugned decision, namely reinstatement. The Tribunal therefore exercises the discretion vested in it by Article VIII of its Statute and instead awards the complainant damages for the breach of procedure. It sets the amount at the equivalent of one year's salary and allowances."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    allowance; compensation; decision; due process; flaw; iloat statute; material damages; procedural flaw; reinstatement; right; salary; tribunal;



  • Judgment 1082


    70th Session, 1991
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    The decision to dismiss [the complainant] is quashed. As reinstatement appears out of the question, an award of damages will be made under Article VIII of the Tribunal's Statute in the amount of eight months' pay over and above the four months' severance pay already paid.

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    amount; decision quashed; material damages; termination of employment;



  • Judgment 1069


    70th Session, 1991
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant seeks an award of damages for unlawful treatment causing him moral and material injury, and for loss of belongings.

    Keywords:

    material damages; moral injury;



  • Judgment 1054


    69th Session, 1990
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    "In these cases the burden of CERN's obligation was at its lightest since the benefits [the complainants were denied] of early departure were conferred ex gratia and the purpose of the scheme was to meet a need for structural reform which the organization is the sole judge of. Yet it did not discharge even that minimal obligation. And its omission is compounded by its failure to keep its explicit promise to give every unsuccessful applicant a written explanation".

    Keywords:

    duty to substantiate decision; early retirement; grounds; material damages; promise; refusal;



  • Judgment 1045


    69th Session, 1990
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Rule 1050.2 provides: 'When a post of indefinite duration, which is filled, is abolished, a reduction in force shall take place, in accordance with procedures established by the Director'. The procedures are set out in detail in the Manual of the WHO, and it is clear that the rules preclude the termination of an appointment until the reduction-in-force procedure has been completed. The notice [given to her] was therefore invalid, and in keeping with the reasoning in Judgment 469 the complainant's contract is renewed by implication and remains in force. She is entitled to payment of the salary and allowances due under her contract less any indemnity of earnings she may have received in the meantime."

    Reference(s)

    Organization rules reference: PAHO STAFF RULE 1050.2
    ILOAT Judgment(s): 469

    Keywords:

    abolition of post; amount; consequence; contract; enforcement; extension of contract; fixed-term; material damages; permanent appointment; post; procedure before the tribunal; staff reduction; termination of employment;



  • Judgment 1043


    69th Session, 1990
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant submitted an application for execution of Judgment 922 that set aside the decision to dismiss him. The UPU subsequently notified the Tribunal that it had reversed the decision and would offer the complainant compensation. The Tribunal took note of the Union's undertaking and awarded him 10,000 Swiss francs in damages for all the forms of injury he sustained and 1,000 francs towards costs.

    Reference(s)

    ILOAT Judgment(s): 922

    Keywords:

    application for execution; case pending; cause of action; costs; injury; material damages; moral injury; no cause of action; settlement out of court;



  • Judgment 1042


    69th Session, 1990
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant objects to a reckoning giving effect to Judgment 922, which set aside the decision to dismiss him and ordered payment of damages, insofar as the amount he got did not allow him the benefit of a further yearly salary increment. As the complainant's performance had not been declared satisfactory and therefore failed to meet the condition set out in the relevant rules, the Tribunal dismisses the claim.

    Reference(s)

    ILOAT Judgment(s): 922

    Keywords:

    amount; application for interpretation; condition; increment; material damages; satisfactory service;



  • Judgment 999


    68th Session, 1990
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Since the breach of due process in the internal appeal proceedings has held up the final determination of the matter and caused the complainant injury whatever the outcome may eventually be, the Tribunal orders the Organization to pay him lump-sum damages in the amount of 500 United States dollars."

    Keywords:

    administrative delay; amount; injury; judgment of the tribunal; material damages; moral injury; procedural flaw;



  • Judgment 986


    67th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    Though the Tribunal "has held that the new scale [of pensionable remuneration] impairs the complainants' rights, it cannot now set the amount of their entitlements." Its ruling will therefore be one of principle.

    Keywords:

    amendment to the rules; amount; injury; material damages; pension; pensionable remuneration; reduction of salary; scale;



  • Judgment 972


    66th Session, 1989
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Decision

    Extract:

    The decision not to renew the complainant's contract is set aside. The Tribunal holds that in the circumstances reinstatement would not be advisable. It orders the organization to pay the complainant the equivalent of two years' salary as damages for material injury, 25,000 Swiss francs for moral injury and 10,000 Swiss francs as costs.

    Keywords:

    amount; contract; costs; fixed-term; material damages; material injury; moral injury; non-renewal of contract;



  • Judgment 939


    65th Session, 1988
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was transferred without prior consultation of the Selection Board as required under Article 4.2(f) of the Staff Regulations. The Tribunal holds that the breach of procedure was minor, though it did cause the complainant injury. The Tribunal will therefore refrain from quashing the impugned decision and will order the organisation to pay the complainant damages and a further sum towards costs.

    Reference(s)

    Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS

    Keywords:

    consultation; costs; flaw; injury; material damages; organisation's duties; procedural flaw; selection board; transfer;



  • Judgment 922


    65th Session, 1988
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    In Judgment 868 the Tribunal quashed the decision to dismiss the complainant on the grounds of unsatisfactory performance and referred the case back to the Union. The organisation having merely confirmed its earlier decision without further inquiry, the new decision is set aside and "the Union shall pay the complainant damages equivalent to the sums he would have been paid had he remained on the staff from the date of his dismissal up to the date of this judgment."

    Reference(s)

    ILOAT Judgment(s): 868

    Keywords:

    amount; confirmatory decision; material damages; termination of employment; unsatisfactory service;



  • 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 888


    64th Session, 1988
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. He claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. The complainant's dismissal was confirmed by the Chief of personnel. That decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. It was made without the complainant's having fully exercised his right to be heard." Because it is tainted with a procedural flaw, the decision is quashed and the Tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.

    Keywords:

    amount; flaw; material damages; medical certificate; misrepresentation; moral injury; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination of employment;



  • Judgment 843


    63rd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal holds that the transfer, later reversed, to a post three grades lower was unlawful. Although the complainant's attitude may not have been beyond reproach, he suffered moral injury and loss of reputation. Under the circumstances, the amount of compensation provided by the impugned decision is too small and the Tribunal increases it from the equivalent of two to six months' take-home salary.

    Keywords:

    conduct; downgrading; material damages; moral injury; professional injury; transfer;



  • Judgment 761


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The refusal by the EPO to return the complainant's documents for the purpose of permitting him to take steps to perfect his claim for reimbursement is unfair and the complainant is entitled to relief on the ground that he was improperly prevented from having an opportunity of submitting the appropriate documents in support of his claim."

    Keywords:

    disclosure of evidence; flaw; material damages; moral injury; organisation; refund; refusal; removal expenses; request by a party;



  • Judgment 756


    59th Session, 1986
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Failing [...] reinstatement the complainant is entitled to be paid for the period during which she has not worked compensation equivalent to the sums she would have been paid if reinstated, the purpose being to safeguard the right to reinstatement."

    Keywords:

    abolition of post; amount; material damages; reinstatement; subsidiary;



  • Judgment 665


    56th Session, 1985
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The reason given for non-renewal of the complainant's contract was unsatisfactory performance. The evaluation report for 1981 was signed long after the time limit laid down in the Staff Rules. Only a few weeks elapsed between the completion of the 1981 report and the processing of the 1982 report. As a result, the impugned decision took no account of the fact that between the complainant's two last performance reports he was not given time to add his objections or to show he could come up to expectation. The decision overlooked an essential fact and drew clearly mistaken conclusions from the evidence. The complainant is entitled to damages.

    Keywords:

    administrative delay; contract; disregard of essential fact; fixed-term; flaw; material damages; mistaken conclusion; moral injury; non-renewal of contract; performance report; right to reply; time limit; unsatisfactory service;



  • Judgment 643


    54th Session, 1984
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The Tribunal had ordered the organisation to pay as compensation a sum equal to "three times the total gross remuneration" paid in respect of a particular time period. "The Tribunal does not accept the organisation's argument that overtime is not part of the total gross remuneration; accordingly the deduction in respect of this item is unjustified."

    Reference(s)

    ILOAT Judgment(s): 507

    Keywords:

    amount; application for interpretation; gross salary; interpretation; judgment of the tribunal; material damages; overtime;

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