Compensation (585,-666)

You searched for:
Keywords: Compensation
Total judgments found: 139

< previous | 1, 2, 3, 4, 5, 6, 7 | next >

• Judgment 2861

  
  107th Session, 2009
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 91 and 93

  Extract:

  "[T]he complainant seeks damages for the publication in the [Organization] monthly information bulletin that she had been separated from service, in the English version, and dismissed from service ('démise de ses fonctions') in the French version. The publication of this information was contrary to the Secretary-General's instructions but, even if published negligently, [the Organization] is liable for the damage occasioned to the complainant's reputation and dignity. In this regard, it was said in Judgment 2720 that 'international organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members' (see also Judgments 396, 1875, 2371 and 2475). It was also pointed out in Judgment 2720 that that obligation extends to former staff members."
  "There will be an award of material and moral damages in relation to the publication [...]. However, account will be taken of the facts that the publication resulted from negligence, not malice, that it was speedily withdrawn and that the Secretary-General apologised to the complainant. In Judgment 2720 mentioned above the Tribunal held that, in the case of a continuing duty of an organisation to refrain from any type of conduct that may harm the reputation or dignity of its staff members, the Tribunal may order performance of that duty, including by ordering the publication of material to restore a person's reputation. The complainant seeks an order of that kind in the present case. However, the Tribunal is satisfied that her honour and reputation will be sufficiently vindicated by this judgment and by an award of damages."

  Reference(s)

  ILOAT Judgment(s): 396, 1875, 2371, 2475, 2720
  

  Keywords:

  compensation; damages; judgment of the tribunal; material injury; moral injury; negligence; organisation's duties; respect for dignity;
  

  
  
  

• Judgment 2854

  
  107th Session, 2009
  International Federation of Red Cross and Red Crescent Societies
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 23

  Extract:

  The complainant asserts that the decision to terminate his contract is tainted with procedural irregularities and amounts to a disguised disciplinary measure.
  "In a case such as the present one where termination constitutes a hidden disciplinary sanction and reinstatement is not appropriate, compensation should be assessed on the basis of what would have occurred if proper procedures had been followed."

  Keywords:

  compensation; disciplinary measure; hidden disciplinary measure; judicial review; reinstatement; termination of employment;
  

  
  
  

• Judgment 2851

  
  107th Session, 2009
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "It took [...] almost two and a half years before the complainant received the final decision impugned in her complaint. The internal appeal procedure was much too long and consequently the complainant was deprived of her right to a speedy resolution of her grievances (see Judgment 2196, under 9), for which she is entitled to an award of moral damages in the amount of 1,000 euros."

  Reference(s)

  ILOAT Judgment(s): 2196
  

  Keywords:

  compensation; delay; internal appeal; moral injury;
  

  
  
  

• Judgment 2848

  
  107th Session, 2009
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 34

  Extract:

  "[I]n relation to the delay in the internal appeal proceedings, the Tribunal observes that the complainant has been reasonably compensated for this delay with the Director General's award of 8,000 euros."

  Keywords:

  amount; compensation; delay; internal appeal;
  

  
  
  

• Judgment 2829

  
  107th Session, 2009
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 3 and 5

  Extract:

  The complainant filed an appeal with the WIPO Appeal Board challenging the decision to suspend him from duty. The Board held that the appeal was irreceivable pursuant to the res judicata rule, inasmuch as it had already issued an opinion on the measure of suspension and no new administrative decision had been taken on this matter. The Director General also deemed the appeal irreceivable pursuant to the res judicata rule.
  The Tribunal considers that "[t]he res judicata rule applies to decisions of judicial bodies, but not to opinions or recommendations issued by administrative bodies. The Director General was therefore obviously wrong to cite this rule as the basis for declaring the internal appeal irreceivable on the grounds that the Appeal Board had already given an opinion on the suspension and that no new administrative decision had been taken on this matter."
  [...]
  "The Organization shall pay the complainant 3,000 Swiss francs in compensation for the moral injury which he suffered owing to the fact that the merits of his internal appeal were not examined."

  Keywords:

  advisory opinion; allowance; compensation; executive head; general principle; grounds; internal appeal; internal appeals body; judgment of the tribunal; moral injury; receivability of the complaint; recommendation; res judicata;
  

  
  
  

• Judgment 2796

  
  106th Session, 2009
  International Federation of Red Cross and Red Crescent Societies
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant asks that the defendant provide him with a positive work reference and that information concerning the issues raised in his complaint be given to some delegates.
  "None of these matters was the subject of his internal appeals. Accordingly, those claims are irreceivable (see Judgments 899, 1263, 1443 and 2213). Further and save in exceptional cases where an international organisation has a continuing duty to undo damage caused by its own communications to a third party, as in Judgment 2720, the Tribunal is not competent to issue orders of the kind sought (see Judgments 126, 1591 and 2058)."

  Reference(s)

  ILOAT Judgment(s): 126, 899, 1263, 1443, 1591, 2058, 2213, 2720
  

  Keywords:

  claim; communication to third party; compensation; competence of tribunal; exception; injury; internal appeal; internal remedies exhausted; new claim; organisation's duties; receivability of the complaint;
  

  
  
  

• Judgment 2792

  
  106th Session, 2009
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "Having launched an internal appeal, a staff member is entitled to know whether the appeal is allowed or dismissed. The fact that certain aspects of the relief sought may have become moot does not absolve the head of an organisation from making a determination on the merits of the appeal."

  Keywords:

  compensation; executive head; internal appeal; no cause of action; official; organisation; organisation's duties; refusal; request by a party; right;
  

  
  
  

• Judgment 2779

  
  106th Session, 2009
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "As the Tribunal has found, even though he was not competent to make the representation, Mr [...] made a promise to the complainant that his appointment would be extended beyond statutory retirement age. Mr R. also fostered the complainant's false belief that the promise would be honoured. Despite the complainant's numerous requests over a period of approximately 18 months clearly explaining his belief that a promise had been made, the Secretary-General chose to ignore the opportunities to correct the complainant's misapprehensions and permitted him to act on his mistaken belief. Lastly, the Secretary-General failed to make a decision on the complainant's request for an extension in a timely fashion. This conduct constitutes a breach of the duty to respect the complainant's dignity. At the very least, the Secretary-General should have notified the complainant that the Union did not accept the obligation when the matter was first brought to his attention. This conduct has caused the complainant moral injury for which he must be compensated in the form of moral damages."

  Keywords:

  compensation; decision-maker; duration of appointment; extension beyond retirement age; good faith; injury; moral injury; organisation's duties; promise; respect for dignity; retirement; staff member's interest;
  

  
  
  

• Judgment 2751

  
  105th Session, 2008
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "The intention with which a statement is made is not necessarily determinative of the question whether a statement that is wholly irrelevant is also one that can serve no proper purpose." The complainant represented three colleagues whose complaints were considered by the Tribunal in Judgment 2514. In its replies the Organisation had stated that, by reason of the time he had spent providing legal assistance to staff members, the complainant's work as an examiner had been less satisfactory than it should have been. "That was defamatory. It was also inconsistent with the duty of the EPO to respect the complainant's dignity. In the context of the other comments that were within the limits of the privilege that attaches to proceedings before the Tribunal, it carried the threat of possible administrative consequences for the complainant's employment. Such a remark can serve no proper purpose. Accordingly, it was not privileged and the complainant is entitled to seek relief with respect to it."

  Reference(s)

  ILOAT Judgment(s): 2514
  

  Keywords:

  breach; compensation; consequence; counsel; iloat; intention of parties; organisation; organisation's duties; privileges and immunities; procedure before the tribunal; purpose; request by a party; respect for dignity; right; security of tenure; staff representative;
  

  
  
  

• Judgment 2720

  
  105th Session, 2008
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "The complainant [...] requests the Tribunal to order the ITU to send a new e-mail to all staff, after delivery of the present judgment, retracting the content of the e-mail circulated on 26 July 2006. As the circulation of such an e-mail does indeed appear to be the only way of ensuring that the present judgment fully serves the purpose of safeguarding the complainant's honour and reputation vis-à-vis the ITU staff, the Tribunal considers that, under the circumstances, this request should be granted."

  Keywords:

  claim; compensation; judgment of the tribunal;
  

  
  
  

• Judgment 2706

  
  104th Session, 2008
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The complainant, who was sexually harassed by her supervisor, wants the Tribunal to order that she be promoted. "[T]he Organization is of course right in saying that the compensation for her injuries should not take the form of being granted a higher grade. The advancement of an official naturally obeys its own logic related to the classification of the job done and the professional merit of the person in question, which has nothing to do with the logic behind compensation for injuries which may have been caused to this person by the international organisation employing him or her."

  Keywords:

  allowance; compensation; definition; difference; harassment; injury; organisation; organisation's duties; post classification; promotion; qualifications; request by a party; respect for dignity; sex discrimination; supervisor;
  

  
  
  

• Judgment 2698

  
  104th Session, 2008
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 13-14

  Extract:

  The complainant was notified of a number of serious charges against him and was informed that he would be suspended from duty with pay until the end of the investigation into the charges. "The Director General did not [...] implement the Appeal Board's recommendation that he should conclude with all due speed the investigation into the allegations of serious misconduct against the complainant and should take a decision within a reasonable time. In fact he did not conduct the investigation with the dispatch required by the Tribunal's case law and by the circumstances of the case, and he thus caused an unjustified delay in the handling of the case. The explanations given by the Organization in its submissions are irrelevant, particularly because they do not indicate that the completion of the investigation was delayed through any fault on the part of the complainant.
  By prolonging an essentially temporary measure beyond a reasonable time, without any valid grounds, thereby placing the complainant in a situation of uncertainty as to his further career, the Organization caused him moral injury which must be redressed by awarding him the amount of 10,000 United States dollars."

  Keywords:

  allowance; breach; career; case law; compensation; consequence; decision; delay; executive head; grounds; injury; inquiry; internal appeals body; investigation; moral injury; organisation's duties; provisional measures; reasonable time; recommendation; serious misconduct; suspensive action;
  

  
  
  

• Judgment 2678

  
  104th Session, 2008
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "Although the impugned decision must be set aside, it does not follow, as claimed by the complainant, that he is entitled to material damages on the basis that his contract should have been renewed [...]. A fixed-term contract carries no right to renewal. Moreover, there is no basis for assuming that a proper evaluation and review of the complainant's performance [...] would have resulted in any extension of his contract. However, he lost a valuable opportunity to have the question of renewal considered on the basis of a proper review of his performance [...]. The loss of that opportunity warrants an award of material damages in the amount of 7,500 euros."

  Keywords:

  compensation; condition; contract; decision; extension of contract; fixed-term; injury; legitimate expectation; material damages;
  

  
  
  

• Judgment 2467

  
  99th Session, 2005
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "The complainants [...] claim compensation for the injury resulting from the delay with which their internal appeals were considered. [...] On this point, the Tribunal must recall that international organisations are fully responsible for the way their internal appeal bodies operate. In the cases in hand, however, it is worth noting that the long delay between the filing of the appeals and the reply given to them is to a large extent due to the fact that the complainants themselves waited until June 2003, and in some cases until August or October 2003, to file a rejoinder to the replies sent on behalf of the Director-General between June and August 2001. Even though their rejoinders were not mandatory from a legal point of view, these long delays show that the complainants did not pursue their appeals as diligently as precedent would require (see Judgment 1970 on this point). The Tribunal takes the view, therefore, that given the circumstances, the duration of the internal appeal procedure was not such as to amount to wrongdoing on the part of the Organization warranting redress."

  Reference(s)

  ILOAT Judgment(s): 1970
  

  Keywords:

  breach; case law; claim; compensation; complainant; consequence; date; delay; executive head; injury; internal appeal; internal appeals body; liability; misconduct; organisation; organisation's duties; procedure before the tribunal; rejoinder; reply; right; staff member's duties; time limit;
  

  
  
  

• Judgment 2457

  
  99th Session, 2005
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant argues that the competition procedure was flawed owing to the fact that one of the members of the Selection Board was not present at the pre-selection meeting. The Organisation does not deny this fact but considers that this procedural flaw could not invalidate the pre-selection since the Selection Board, which decided unanimously, would not have reached a different conclusion even if all Board members had been present.
  Basing itself on the applicable rules the Tribunal considers that "the absence of one member of the Board did constitute a flaw, despite the fact that the Board's opinion was unanimous. Since the flawed composition of the Selection Board could not be corrected through subsequent consultation of the absent member, the competition procedure, which is tainted with a formal flaw, must be set aside where the complainant is concerned [...]. The complainant must therefore be restored to the position in which he was prior to the [pre-selection] meeting [...], and his application must be reviewed in accordance with the applicable rules."

  Keywords:

  candidate; claim; compensation; competition; complainant; composition of the internal appeals body; consequence; consultation; decision; difference; enforcement; flaw; formal flaw; identical claims; procedural flaw; procedure before the tribunal; provision; selection board; written rule;
  

  
  
  

• Judgment 2417

  
  98th Session, 2005
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "The Appeals Committee accepted that the whole of the complainant's appeal was receivable. The essence of his grievance was contained in his original appeal and his reply was simply an expansion on the relief requested but did not raise a new ground of appeal. That finding was correct and the Tribunal endorses it." (see Judgment 2416, under 11)

  Reference(s)

  ILOAT Judgment(s): 2416
  

  Keywords:

  claim; compensation; internal appeal; internal appeals body; new claim; new plea; receivability of the complaint; report;
  

  
  
  

• Judgment 2414

  
  98th Session, 2005
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 25

  Extract:

  [T]he Secretary-General’s decision [...] and the earlier decisions [...] which were thereby confirmed must be set aside. Given that the complainant’s post has now been abolished, it does not appear that her reinstatement is feasible. She is, however, entitled to compensation which should be assessed by reference to the decision not to convert her contract to a permanent one. Accordingly, compensation should be assessed in a sum equal to 18 months of her net base salary.

  Keywords:

  compensation; reinstatement;
  

  
  
  

• Judgment 2371

  
  97th Session, 2004
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  One of the complainant's subordinates submitted a grievance for moral harassment against him. The Ombudsperson circulated her report thereby disclosing the accusations against the complainant to persons who were not entitled to be informed of them. "Had this report been seen only by the persons entitled to receive it, it might not have injured the complainant's reputation, given that it was issued by an authority of the Organization which had no power of decision. However, as pointed out above, the whole of the report was communicated to persons who were not entitled to see it and there is no doubt that this disclosure, which was contrary to the obligation of confidentiality by which the Ombudsperson is bound pursuant to Article 13.15, paragraph 9, of the Staff Regulations, caused the complainant injury warranting compensation, even though the report was circulated 'on a confidential basis'."

  Reference(s)

  Organization rules reference: Article 13.15, paragraph 9, of the Staff Regulations
  
  

  Keywords:

  advisory body; breach; communication to third party; compensation; confidential evidence; harassment; injury; internal appeals body; moral injury; official; organisation's duties; report; request by a party; staff regulations and rules; supervisor;
  

  
  
  

• Judgment 2360

  
  97th Session, 2004
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The Organization considers that the claims for compensation for certain heads of injury were not submitted during the internal appeal proceedings and must therefore be dismissed as irreceivable. "[T]he claims to compensation for moral injury and for breach of the complainant's rights were put forward in the internal appeal, though in a different form, and are certainly receivable, even though some heads of injury, concerning the complainant's state of health in particular, had not been enlarged upon, since the complainant had stated in his appeal [...] that the decision he contested caused him 'undoubted material and moral injury'."

  Keywords:

  breach; claim; compensation; decision; difference; formal requirements; injury; internal appeal; internal remedies exhausted; material injury; moral injury; procedure before the tribunal; receivability of the complaint; right;
  

  
  
  

• Judgment 2354

  
  97th Session, 2004
  World Customs Organization (Customs Co-operation Council)
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  In the particular circumstances of this case, the Tribunal does not consider the reinstatement of the complainant to be appropriate. However, availing itself of its powers under Article VIII of its Statute, and in view of the unlawful actions of the Organization, it shall order the latter to pay the complainant, in compensation for injury under all heads, an amount equivalent to two years’ salary and allowances, without deducting the terminal allowance he has already received. The claim for compensation for the injury arising from the excessive delay of the internal appeal procedure is deemed by the Tribunal to be unjustified.

  Reference(s)

  ILOAT reference: Article VIII of the Statute
  
  

  Keywords:

  compensation; reinstatement;
  

< previous | 1, 2, 3, 4, 5, 6, 7 | next >