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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 640


    54th Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1 and 4

    Extract:

    "The complainant was dismissed on the grounds of attempted theft of four wooden chairs from the organization. [...] In sum, the arguments in favour and against cancel each other out. The charge of attempted theft cannot therefore be taken as proven and the impugned decision is unlawful. The Tribunal will not order the reinstatement of the complainant, who has left the FAO. Instead it will award him compensation".

    Keywords:

    lack of evidence; material damages; moral injury; serious misconduct; termination of employment;



  • Judgment 628


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The decision not to renew the complainant's contract suffers from no procedural defects. The organisation concedes that the complainant's case was mishandled. The chairwoman of the staff union made a strong protest against the treatment of the complainant. The organisation acknowledged that the complainant had been put to unnecessary hardship and it offered him an indemnity equal to six months salary. The complainant claims 20,000 dollars as material compensation for moral damages and grave defamation of character. "This is quite disproportionate to the damage suffered by him. [...] The ILO's offer is fair, and a sum equivalent to six months' salary and family allowance [...] is reasonable compensation."

    Keywords:

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



  • Judgment 620


    53rd Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant suffers from angina pectoris; he did not receive regular medical examinations. The organization's breach of its duty deprived him of an opportunity to take precautions against an illness which has impaired his work capacity. The complainant is entitled to damages. "The award cannot be the full amount which would have been due had [the illness] been attributable beyond peradventure to the performance of official duties. But the FAO is liable in damages for injury the complainant may have suffered."

    Keywords:

    illness; injury; material damages; medical examination; organisation's duties; service-incurred;



  • Judgment 609


    52nd Session, 1984
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1, 2 and 4

    Extract:

    "By [its] judgment, the Tribunal ordered the organization to pay to the complainant $40,000 as 'compensation for the unlawful termination of his contract' and also $6,000 as costs." The organization paid that sum to the complainant in execution of the said judgment. The complainant seeks reimbursement for any taxes he might have to pay on the sum. "No obscurity in the judgment is alleged or identified. [...] The argument does not attempt to bring the case within the very limited grounds on which the tribunal permits reconsideration or review." The complaint is dismissed.

    Reference(s)

    ILOAT Judgment(s): 523

    Keywords:

    application for interpretation; application for review; execution of judgment; inadmissible grounds for review; judgment of the tribunal; material damages; refund; tax;



  • Judgment 541


    49th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    When rendering his opinion, the organization's doctor took insufficient account of essential facts. "The complainant is therefore entitled to relief. The relief can take the form of re-instatement, which is one of the remedies sought by the complainant, or the payment of compensation, which is an alternative remedy sought. In the circumstances of this case, the latter solution appears more desirable [...]."

    Keywords:

    health reasons; material damages; reinstatement; subsidiary; termination of employment; termination of employment for health reasons;



  • Judgment 503


    48th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant, a dutyman, was dismissed at the end of the probationary period. The director took the view that there was personal incompatibility: there was no mistake of law. But there is no evidence that personal incompatibility made the team's work impossible. As the complainant has not asked for reinstatement, he shall receive compensation of 4,000 Deutschmarks with interest at the rate of 10 per cent from the date on which the complaint was filed.

    Keywords:

    material damages; mistaken conclusion; probationary period; termination of employment; working relations;



  • Judgment 480


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "As the Tribunal has said [...] in Judgment No. 431, the compensation generally awarded [upon non-renewal of contract] is less than the remuneration which the complainant would have received had he been reinstated. This is because he is not necessarily deprived of all means of livelihood."

    Reference(s)

    ILOAT Judgment(s): 427, 431

    Keywords:

    amount; application for execution; contract; fixed-term; material damages; non-renewal of contract; reckoning; salary;



  • Judgment 470


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8-9

    Extract:

    The applicable provision "does not state that the official whose post has been abolished shall be entitled to full compensation for the prejudice he has suffered. Instead it contains a schedule setting out the lump sums to be paid in compensation scaled according to years of service." As to the loss of pension rights, the material provision "does not grant the official who has lost his post any compensation over and above that which is prescribed in the schedule".

    Reference(s)

    Organization rules reference: ARTICLE 1050.4 F THE PAHO STAFF RULES

    Keywords:

    abolition of post; material damages; pension; pension entitlements; reduction of salary; scale;



  • Judgment 469


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "It is true that the abolition of a post does not automatically terminate the holder's appointment and therefore does not automatically attract an indemnity under [the applicable rule]. Does this give the organization the option of terminating the appointment under another rule ? In the circumstances of this case it is unnecessary for the Tribunal to answer that question." It is the provision establishing an indemnity in the event of post abolition that is applicable in the instant case.

    Keywords:

    abolition of post; applicable law; contract; fixed-term; material damages; non-renewal of contract;



  • Judgment 465


    47th Session, 1982
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    At the end of each period of employment there should be an opportunity to review the terms of the expiring contract. "A radical recasting of the terms might be treated as constituting a break of a kind warranting the grant of an allowance. Subject to review by the Tribunal, however, the organisation may, with due regard to its own interests and to the staff member's rights, offer new contractual terms [...] not every offer will be such that the staff member who declines it and leaves may claim the indemnity: it is all a matter of degree."

    Keywords:

    amendment to the rules; consequence; contract; material damages;



  • Judgment 448


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Because of the flaws in the decision [not to renew her contract] the Tribunal may either set it aside or award the complainant compensation. The former would mean reinstating her. From the written evidence it is clear that mutual trust between the complainant and the [Organization] has diminished to the point where it is unlikely that she can again be usefully employed. Her reinstatement is therefore inadvisable and the Tribunal will accordingly award compensation".

    Keywords:

    contract; fixed-term; flaw; material damages; non-renewal of contract; reinstatement;



  • Judgment 436


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Under Article VIII of its Statute the Tribunal is entitled to award the complainant compensation for the injury caused to him. "For this purpose the Tribunal may under Article 11 of its Rules order such measures of investigation as it considers desirable. But it will not order an investigation merely for the sake of ascertaining the facts; the investigation must be in aid of some relief, such as reinstatement or compensation, which it is within the jurisdiction of the Tribunal to grant."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE;
    ARTICLE 11 OF THE RULES


    Keywords:

    competence of tribunal; condition; further submissions; iloat statute; injury; inquiry; investigation; material damages; moral injury; submissions;



  • Judgment 435


    45th Session, 1980
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2(A)

    Extract:

    The complainant claimed compensation for bodily injury in an appeal submitted to the internal appeals board. He claims compensation for loss of earning capacity resulting from the same injury in his claim to the Tribunal. The principle that the facts relied on in the internal proceedings should be the same as those relied on in the complaint to the Tribunal has not been infringed. However, in the internal appeal he claimed compensation of 18,000 francs but is now asking the Tribunal to grant him a larger sum. Insofar as he is seeking compensation exceeding 18,000 francs his complaint is irreceivable.

    Keywords:

    amount; complaint; difference; incapacity; internal appeal; invalidity; material damages; new claim; receivability of the complaint;



  • Judgment 431


    45th Session, 1980
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Where a decision not to extend an appointment is improper the Tribunal generally awards compensation less than the amount of remuneration which the complainant would have received up to the end of a further appointment."

    Keywords:

    amount; contract; fixed-term; material damages; non-renewal of contract;



  • Judgment 427


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19(B)

    Extract:

    The complainant's appointment was not renewed, that decision being contrary to the organization's interests. The Tribunal awards compensation in full based on the amount he would have earned through regular contract renewal. "The complainant asks also 'that the wrongful suspension from duty should not affect his pension rights.' The Tribunal is not competent to make an order in that form, but the complainant may claim compensation for loss or diminution of pension rights as for loss of salary and emoluments."

    Keywords:

    bias; competence of tribunal; contract; fixed-term; injury; material damages; non-renewal of contract; pension; pension entitlements; suspension;



  • Judgment 411


    44th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The chief element in the compensation to which complainant is entitled is the loss of the enjoyment of his job. "True, the new job was a 'comedown' and as such might have damaged him professionally if the damage had not already been done by the events recorded in Judgment No. 361: for such damage compensation has been paid."

    Reference(s)

    ILOAT Judgment(s): 361

    Keywords:

    injury; material damages; professional injury; transfer;



  • 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 396


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Under any contract of appointment the organization, even in the absence of express provision, is bound to respect an official's dignity and reputation - in other words to beware of putting him needlessly in a difficult personal position. If the organization fails in that duty it may be ordered to pay compensation, even if there is no decision to be set aside [...] however, only for serious wrong likely to prove damaging to a staff member's career."

    Keywords:

    material damages; moral injury; no provision; organisation's duties; professional injury; respect for dignity;



  • Judgment 374


    42nd Session, 1979
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "It is clear from the wording of [Judgment 306] that the 'one year's salary' to be paid in lieu of reinstatement is equivalent in the present instance to the salary which the complainant was receiving at the date when his appointment ended, i.e. the net salary which he was paid after deduction of tax at the source but including incidental allowances, and in particular post adjustment. There is no reason however to take account of any increment which he might have received had he remained on the staff."

    Reference(s)

    ILOAT Judgment(s): 306

    Keywords:

    allowance; amount; application for interpretation; definition; increment; material damages; net salary; post adjustment; salary;



  • Judgment 359


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant's claims for damages are excessive. Since he had been informed that an extension of his contract gave him one "last chance", "he must have known that his position in [the organization] was precarious. The extensions of his appointment [...] were so short that he should have realised that he stood to lose his employment in a few months' time and that it would therefore be reasonable to look for employment outside [the organization]."

    Keywords:

    amount; contract; extension of contract; fixed-term; material damages; non-renewal of contract; successive contracts;

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