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Causal link (885,-666)

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Keywords: Causal link
Total judgments found: 1

  • Judgment 3134


    113th Session, 2012
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    [I]t is not disputed that the Secretary of the Provident Scheme gave a positive oral response to the complainant's request and assured him that the transfer would be effected as soon as the agreement had been signed, and there is no doubt that in so doing the Secretary was acting in the exercise of his functions. The complainant could therefore assume in good faith that his rights would be transfered to the UNJSPF without his having to approach the Fund himself, in the manner provided for in Article 4 of the Agreement.
    The Provident Scheme did not, however, effect the expected transfer, as the letter [...] from its Secretary shows, nor does that letter explain why it had omitted to do so. It follows that the UPU has been negligent in this regard. It is clear that there is a sufficient causal link between its negligence and the injury suffered by the complainant, the amount of which remains to be determined.

    Keywords:

    causal link; injury; negligence;


 
Last updated: 15.09.2021 ^ top