Compensation (585,-666)
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Keywords: Compensation
Total judgments found: 139
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Judgment 4134
128th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.
Consideration 50
Extract:
It is necessary to consider what is the appropriate relief. In a number of cases in which the complainants have established that a decision to adjust salaries was unlawful, the order of the Tribunal has been to set aside the impugned decision and to remit the matter to the organization to consider the matter afresh and make a new decision (see, for example, Judgments 1821, consideration 11, and 3324, considerations 22 and 23). However, in the present case, the unlawfulness of the administration’s decision flowed from the unlawfulness of the decision of the ICSC. The decisions to implement ICSC/CIRC/PAC/518 and ICSC/CIRC/PAC/522 are unlawful. The ILO cannot, by a new decision, render the ICSC’s decisions lawful. Accordingly, the ILO should be ordered to reinstate the applicable PAM in place immediately before the decision to reduce salaries was taken and pay the complainants and interveners the salary lost between then and the time the PAM are reinstated, together with interest.
Reference(s)
ILOAT Judgment(s): 1821, 3324
Keywords:
compensation; icsc decision; material damages; post adjustment;
Judgment 4091
127th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant primarily challenges the amount of compensation offered to her by the IAEA in respect of a harassment complaint.
Judgment keywords
Keywords:
compensation; complaint dismissed; harassment; settlement out of court;
Judgment 4032
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to accept for consideration on the merits her compensation claim for service-incurred injury.
Judgment keywords
Keywords:
compensation; complaint dismissed; injury; service-incurred;
Judgment 4012
126th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant him compensation for the harm allegedly caused to him by the fact that emails that he considers to be defamatory were stored in a folder accessible to all users of the FAO’s IT network.
Judgment keywords
Keywords:
compensation; complaint dismissed; defamation;
Judgment 4003
126th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks compensation for damages related to her arrest and detention in Libya while on an official mission.
Judgment keywords
Keywords:
compensation; complaint allowed; official travel; service-incurred;
Judgment 3998
126th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant her compensation pending a determination by a medical expert as to whether her illness in 2012 through 2014 was service-incurred.
Judgment keywords
Keywords:
compensation; complaint dismissed; illness; service-incurred;
Judgment 3995
126th Session, 2018
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the measures taken by IFAD following its investigation into his allegations of harassment.
Consideration 9
Extract:
Contrary to the view expressed by [the organisation] in its written submissions, in this case, the fact that disciplinary action was taken against the complainant’s supervisors at the end of the investigation on account of their misconduct did not by any means suffice to redress the injury caused to the complainant. Since the conditions for applying the case law cited above were indubitably met, even though the complainant was not the sole victim of some of the improper behaviour in question, it was incumbent upon the organisation to grant him monetary compensation under this head. By refusing to do so, the President of [the organisation] committed an error of law which constitutes an additional flaw in the impugned decision.
Keywords:
compensation; damages;
Judgment 3984
126th Session, 2018
African, Caribbean and Pacific Group of States
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The ACP Group has filed an application for review and interpretation of Judgment 3845.
Consideration 7
Extract:
[T]here is no contradiction between setting aside an unlawful decision and compensating the injury caused by it.
Keywords:
compensation; decision quashed; injury;
Judgment 3919
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Director-General’s decision to reject her claim for compensation for service-incurred illness.
Considerations 13 & 14
Extract:
Contrary to WHO’s assertion, there is no evidence to support its contention of the ACCC having made a thorough analysis. [...]
[I]t is observed that in arriving at the conclusion that there were no valid reasons for the claim to be accepted for consideration, the Director-General did not take into consideration that the progressive nature of the complainant’s illness and all of her relevant surrounding personal circumstances presented valid reasons for making the claim for compensation on the date that she did.
Keywords:
compensation; evidence; illness;
Judgment 3726
123rd Session, 2017
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her claim for compensation on account of labour exploitation and compulsory labour.
Judgment keywords
Keywords:
compensation; complaint allowed; forced labour;
Judgment 3724
123rd Session, 2017
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed applications for execution of Judgments 2551 and 3637.
Consideration 4
Extract:
The complainant submits various other claims for compensation. Contrary to her submissions, there is nothing in Judgments 2551 and 3637 to justify a request for compensation over and above the amounts stated in the decision of Judgment 3637. This is merely an indirect means of seeking a review of all the previous judgments concerning her.
Reference(s)
ILOAT Judgment(s): 2551, 3637
Keywords:
compensation;
Judgment 3684
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Director-General's decision to have his compensation claim for service-incurred illness reviewed and to award him costs but not to award him moral damages.
Judgment keywords
Keywords:
compensation; complaint dismissed; illness; service-incurred;
Judgment 3647
122nd Session, 2016
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the validity of a competition process in which he participated and the lawfulness of the ensuing appointment.
Consideration 15
Extract:
The unlawfulness of the Director General’s decision to end the initial selection process clearly renders unlawful the subsequent decision to open the new competition for the same post and, by extension, the decisions to reject the complainant’s application and to appoint Ms M. at the end of the second competition.
Keywords:
compensation;
Judgment 3450
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal set aside the contested appointment because the complainant's right to a fair and open competition was violated.
Judgment keywords
Keywords:
compensation; complaint allowed; decision quashed; failure to exhaust internal remedies; injury; medical board;
Judgment 3314
117th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant requests compensation for the injury arising from inaction and delay by the Administration in pursuing her harassment complaint.
Judgment keywords
Keywords:
compensation; complaint allowed; decision quashed; delay; harassment;
Judgment 3307
117th Session, 2014
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After being removed from his post consecutively to a judgment of the Tribunal declaring his appointment invalid, the complainant seeks compensation for moral injury.
Judgment keywords
Keywords:
compensation; complaint dismissed; moral injury;
Judgment 3287
116th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who reported his suspicions that someone was unlwafully accessing his professional email account, impugned the decision to deny him access to the investigation report.
Judgment keywords
Keywords:
compensation; complaint allowed; delay; inquiry; investigation; moral injury; right;
Judgment 3282
116th Session, 2014
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.
Judgment keywords
Keywords:
breach; compensation; complaint allowed; contract; decision quashed; duty of care; flaw; material injury; moral injury; non-renewal of contract;
Judgment 3262
116th Session, 2014
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who applied for the position of Legal Advisor, was offered the post, but at a grade lower than that at which it was advertised.
Judgment keywords
Keywords:
acceptance; appointment; candidate; compensation; contract; grade; moral injury; offer; offer withdrawn; post; respect for dignity;
Judgment 3258
116th Session, 2014
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants argued that their rights of staff representatives had been violated, but their claim for pecuniary compensation was dismissed by the Tribunal.
Considerations 4-5
Extract:
The complainants challenge final decisions maintaining earlier decisions not to grant the compensation claims submitted by the complainants, who considered that they had suffered injury on account of violations of the rights of staff representatives.
"By their very nature, such violations of the rights of staff representatives cannot, under any circumstances, give rise to any right to financial compensation in favour of an individual staff member or his or her successors in title."
Keywords:
compensation; decision; injury; right; staff representative;
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