Injury (46, 47, 48, 49, 50, 51,-666)
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Keywords: Injury
Total judgments found: 183
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Judgment 1441
79th Session, 1995
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant relies on a rule which says that members of the Disciplinary Committee [composed in this instance of staff members from headquarters and constituted there] should come from the staff of the Regional Office and have been locally recruited. The Tribunal considers that "the rule [in question] is not binding" and states that "in any event the complainant has failed to show how the membership of the committee [composed in this instance of staff members from headquarters and constituted there] might have proved prejudicial to the proper and independent consideration of his case."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 110.2(D)
Keywords:
advisory body; burden of proof; composition of the internal appeals body; disciplinary procedure; duty station; injury; lack of injury; safeguard;
Judgment 1423
79th Session, 1995
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Since the complainant's grade is P.2 he "has no locus standi in challenging any new salary scales applicable to the general service category of staff. Because he belongs to another category of staff the revision of those scales cannot cause him injury."
Keywords:
cause of action; claim; complainant; general service category; injury; lack of injury; professional category; receivability of the complaint; salary; scale;
Judgment 1419
78th Session, 1995
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"The second sentence of [Article VIII of the Tribunal's Statute] does no more than allow an alternative, to which the Tribunal may resort as it deems fit, in the particular case where there is difficulty over discharging some non-financial obligation. The reference in the article to the possibility of awarding 'compensation for the injury caused' does not preclude the Tribunal's determining, in exercise of the competence conferred by the first sentence, the financial consequences of an organisation's failure to abide by its staff regulations or to discharge its contractual obligations."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
allowance; compensation; iloat statute; injury; judicial review; organisation's duties; staff regulations and rules;
Judgment 1407
78th Session, 1995
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant challenges the change in her title from "assistant" to "secretary". The WTO argues that she has no cause of action but the Tribunal holds that "the title forms part of an official's status and so any change in the title is challengeable."
Keywords:
amendment to the rules; injury; receivability of the complaint; staff regulations and rules; title of post;
Judgment 1406
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal is quite satisfied on the evidence that the complainant was not treated as she ought to have been. It is true that the French government was to blame for the shilly-shallying and shifts of attitude she had to put up with [...] but the organization's fault, though limited, is beyond dispute."
Keywords:
injury; liability; member state; organisation's duties; staff member's interest;
Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"The damage caused to the complainant's career and reputation is so grave that no form of redress short of reinstatement and the grant of a further contract of employment will suffice."
Keywords:
career; compensation; contract; injury; material injury; moral injury; reinstatement;
Judgment 1370
77th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Judgment 1317 [...] brought out the need for a properly functioning internal appeal procedure, of which the Appeal Board is an essential part. In this case the Board took far too long to report and failed to perform its function properly. Although in the circumstances the shortcomings of the appeal procedure may not be deemed to constitute bad faith, the ITU was negligent and caused the complainant injury. On that account it must afford him redress."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
case law; compensation; delay; flaw; good faith; injury; internal appeal; internal appeals body; moral injury; negligence; organisation's duties; procedure before the tribunal; report; staff member's interest;
Judgment 1362
77th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[S]ince the dispute arose out of the decision not to renew [the complainant's] two-year appointment, the organization is right as a matter of principle to refuse his claim to damages for loss of a full career. The two consecutive awards of one year's salary afford sufficient redress to someone who had a rightful expectation of renewal for no more than two years. His claims under this head fail."
Keywords:
amount; application for execution; career; compensation; contract; fixed-term; injury; legitimate expectation; non-renewal of contract;
Judgment 1344
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The complainant learned that reports bearing his signature had been changed without his knowledge. The EPO gives "pressure of time" as a reason for not consulting him. "Whatever the truth of the matter may be, even if the EPO was short of time it was not justified in changing his reports, in not even discussing the changes with him afterwards nor giving him an opportunity to comment on any amendments, and in publishing them under his name."
Keywords:
amendment to the rules; injury; organisation's duties; report; right to reply; staff member's interest;
Judgment 1340
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Subordinates are vulnerable to criticism by superiors and if criticism is untrue must be protected from unjust attack. In this case there was a duty on the organisation to make an investigation. Since it failed to take any such action the complainant is awarded moral damages for its failure to protect and vindicate his good name."
Keywords:
bias; injury; inquiry; investigation; moral injury; organisation's duties; staff member's interest; supervisor;
Judgment 1330
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the Tribunal's case law, receivability does not depend on proving actual and certain injury. All that a complainant need show is that the decision under challenge may impair the rights and safeguards that an international civil servant claims under staff regulations or contract of employment."
Keywords:
case law; cause of action; complaint; contract; injury; receivability of the complaint; safeguard; staff member's interest; staff regulations and rules;
Judgment 1306
76th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant is challenging the UPU's interpretation and execution of Judgment 1235 in which the Tribunal quashed the Director-General's decision confirming his refusal to appoint him to a specific post and offering him compensation for moral injury. "The award of moral damages affords him redress for the injury the Union's unlawful act caused him up to the date of Judgment 1235; it does not relieve the Union of remedying that unlawful act by reviewing the matter of his rights, and this time doing it properly."
Reference(s)
ILOAT Judgment(s): 1235
Keywords:
application for interpretation; execution of judgment; flaw; injury; judgment of the tribunal; moral injury; organisation's duties; purpose;
Judgment 1289
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"As the Tribunal has said before, many decisions by international organisations that prompt complaints are unsubstantiated. Yet the staff member is still able to defend his rights. Though not stated in the actual text, the reasons for the decision may be discerned from earlier correspondence between the parties or in the last resort from the organization's brief in reply to the complaint, which the staff member may comment on in his rejoinder. Unless there is express derogation the rule is that the organization need not, if that is not its practice, state the reasons for all its decisions: what matters is that the absence of a statement should not be to the staff member's detriment."
Keywords:
case law; complaint; decision; duty to substantiate decision; injury; motivation; motivation of final decision; organisation's duties; practice; rejoinder; reply; right to reply;
Judgment 1220
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant is challenging a decision whereby another official, he alleges, was wrongfully granted or allowed to keep financial and other benefits. The complainant was no longer in the WHO's employ when the impugned decision was taken. "As the Tribunal held in Judgment 732 [...], a complaint 'would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury'; and again, in Judgment 764 [...] 'a decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury'. the complainant having suffered no injury and being therefore unable to show any cause of action, his application is irreceivable and must fail."
Reference(s)
ILOAT Judgment(s): 732, 764
Keywords:
application for execution; case law; cause; cause of action; complaint; injury; lack of injury; receivability of the complaint; status of complainant;
Judgment 1204
74th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainants were refused the grant of a promotion. The impugned decisions are set aside and the complainants sent back to CERN for proper determination of their entitlement to promotion. They are claiming awards of damages. But "they fail to show any particular injury. If they get promotion, that, and the financial consequences, will afford them sufficient redress. If they are not promoted they will not have suffered any injury unless the new decisions are again unlawful. For the time being there is no actual injury and they have no right to compensation."
Keywords:
allowance; compensation; injury; lack of injury; promotion; refusal; vexatious complaint;
Judgment 1157
72nd Session, 1992
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
"The first factor of material damages is the complainant's administrative and financial status at the date of dismissal. [...] the second factor is how he has fared since dismissal: else he may obtain unjust enrichment."
Keywords:
compensatory allowance; injury; material injury; termination of employment; unjust enrichment;
Consideration 8
Extract:
it is "the duty of someone who alleges material injury to prove it or offer at least some cogent evidence of it".
Keywords:
burden of proof; evidence; injury; material injury;
Judgment 1156
72nd Session, 1992
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
It is "the duty of someone who alleges material injury to prove it or offer at least some cogent evidence of it".
Keywords:
burden of proof; evidence; injury; material injury;
Considerations 7-8
Extract:
"The first factor of material damages is the complainant's administrative and financial status at the date of dismissal. [...] The second factor is how she has fared since dismissal: else she may obtain unjust enrichment."
Keywords:
compensatory allowance; injury; material injury; termination of employment; unjust enrichment;
Judgment 1155
72nd Session, 1992
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The first factor of material damages is [the complainant's] administrative and financial status at the date of dismissal [...]. Information is [also] needed on what he has been doing since leaving the organization: else he may obtain unjust enrichment. Interpol sought information from him on that score but he refused to give it. That being his attitude, any claim from him for loss of earnings cannot but fail."
Keywords:
compensatory allowance; injury; material injury; staff member's duties; termination of employment; unjust enrichment;
Judgment 1104
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant having refused to undergo examination by a medical expert to determine whether he was fit for shift work, the organization ordered him to undergo examination or incur the risk of disciplinary sanction. The appeals body took the same view and the Director-General endorsed its recommendation. That is the decision under challenge. CERN submits that the complaint shows no cause of action because the impugned decision does not directly affect the complainant. Though merely preparatory decisions are not ordinarily actionable, the Tribunal treats this case as an exception: the complainant has been issued a warning which in itself causes him injury.
Keywords:
cause of action; injury; provisional decision; receivability of the complaint;
Judgment 1090
70th Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant says that the Executive Director of the World Food Programme assured him in an interview that he could be sent to Tunisia for one term. The evidence shows that the organization took ten months before making its position clear without however denying outright that the Executive Director had made such a promise. The complainant therefore had good reason to expect up to then that he would get what he wanted. The FAO's behaviour could but cause the complainant at least moral injury for which he is entitled to redress.
Keywords:
injury; legitimate expectation; moral injury; promise; transfer;
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