Compensation (585,-666)
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Keywords: Compensation
Total judgments found: 139
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Judgment 2324
97th Session, 2004
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"A decision to place a senior officer on leave with or without pay pending a review of his or her performance is one that inevitably affects that person's dignity and good name and, moreover, it is one that will almost certainly carry adverse consequences for his or her career. Where, as here, the decision is unlawful, the person concerned is entitled to compensation. However, the measure of compensation may vary according to whether, on the one hand, the decision might otherwise properly have been taken in the circumstances or, on the other, whether it appears to have been taken for an improper purpose." [See consideration 18 for the Tribunal's appreciation of the purpose.]
Keywords:
abuse of power; amount; career; compensation; grounds; misuse of authority; moral injury; proportionality; respect for dignity; special leave; unpaid leave; work appraisal;
Judgment 2306
96th Session, 2004
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
"As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, an employee is entitled, in the case of wrongful termination, to salary and entitlements only up to the date on which the contract would normally have expired. Of course, in some circumstances, material damage may extend beyond the salary and allowances that would otherwise have been paid during the course of the contract. Thus, for example, an employee may be entitled to additional compensation if it is shown that he or she lost a valuable chance of having the contract renewed or extended."
Keywords:
abuse of power; allowance; amount; compensation; contract; evidence; exception; extension of contract; general principle; injury; limits; material damages; material injury; misuse of authority; official; reconstruction of career; right; salary; termination of employment;
Considerations 10 and 15
Extract:
As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, in the case of wrongful termination, an employee is entitled to material damages consisting of salary and entitlements up to the date on which the contract would normally have expired. In this case "the Appeals Committee found that 'the [complainant's] dignity had been harmed by the administrative procedure leading to termination and that some redress for the material and moral injury he suffered [was] warranted' [...]. Notwithstanding that finding, the Committee only recommended payment of an amount equivalent to salary and allowances until the end of the complainant's fixed-term contract. As already explained, he was entitled to that amount for material damage. Thus, the effect of the recommendation of the Appeals Committee was to deny the complainant compensation for moral injury notwithstanding its finding that his dignity had been harmed. That was an error of law and, as the Director-General's decision was based on the recommendations of the Appeals Committee, it necessarily involves the same error of law."
Keywords:
abuse of power; allowance; amount; breach; compensation; consequence; contract; decision; effect; executive head; fixed-term; general principle; internal appeals body; material injury; misuse of authority; moral injury; official; procedure before the tribunal; recommendation; reconstruction of career; respect for dignity; right; salary; termination of employment;
Judgment 2096
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The complainant seeks her reinstatement, but the Tribunal finds this remedy inappropriate, particularly since the post that she held has been abolished. It is therefore bound to award damages in compensation for the material and moral prejudice arising out of the unlawful decision not to renew her fixed-term contract. Taking into account all the circumstances of the case, and particularly the fact that the complainant was not entitled to the automatic renewal of her contract, the Tribunal sets the compensation due at 40,000 United States dollars.
Keywords:
compensation; material damages; reinstatement;
Judgment 2025
90th Session, 2001
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complaint was transferred to the field against his liking. At the end of the internal procedure, the organisation decided to reassign him to Headquarters. "It thereby admitted [...] that it had failed to assess the complainant's circumstances with the care required by administrative decisions that affect its staff. That in itself warrants the conclusion that, even though his assignment [to Headquarters] met the complainant's wishes in part, it did not fully make up for the injury caused by his transfer [to the field]. Consequently [...] the Director-General was wrong not to award him the compensation he had claimed."
Keywords:
compensation; executive head; field; headquarters; injury; internal appeal; organisation's duties; reassignment; refusal; request by a party; transfer;
Judgment 1981
89th Session, 2000
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant was placed on leave without pay. Although she was included in a reduction-in-force exercise, she was not successful and she was paid damages in lieu of reinstatement. She argues that her termination indemnity should be recalculated to take into account the period of leave. "The issue is therefore whether service time continued to accrue. the answer is that it did not accrue, since the organization opted to pay damages in lieu of reinstatement. As there was no reinstatement, service time did not occur."
Keywords:
abolition of post; compensation; leave; reinstatement; separation from service; terminal entitlements; unpaid leave;
Judgment 1888
87th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal's jurisdiction is limited to the review of administrative decisions taken by international organisations affecting the employment conditions of their employees. Where such decisions are found to be reviewable and where they have caused harm, the Tribunal will exercise its jurisdiction to order reparation thereof. The Tribunal is not, however, a civil court of general jurisdiction in matters of delict and contract. Even where they may be causally related to injury suffered by someone, prejudice and malfeasance do not give rise to a claim for damages before the Tribunal unless they can be related to a specific administrative decision which has become final and against which the complainant has exhausted all available internal remedies."
Keywords:
bias; compensation; competence of tribunal; contract; decision; injury; internal remedies exhausted; judicial review; limits; material damages; moral injury; staff regulations and rules;
Judgment 1883
87th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
"The complainant contests [the non-renewal of his contract] by a motion for an interlocutory order, [he] seeks preliminary injunctive relief to force the organization to place him on unpaid leave of absence and to offer him contract work as available. [T]o allow the motion would of necessity decide the principal issue in the complaint which is before the Tribunal on the merits. The requested injunction would have the effect of altering the status quo. The reply raises serious issues which should only be determined on the merits." The Tribunal adds that "the allegation of irreparable harm is unconvincing" [and that] "the balance of hardships favours the organization."
Keywords:
compensation; contract; interlocutory order; non-renewal of contract; order;
Judgment 1875
87th Session, 1999
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 32
Extract:
"An international organisation is liable for the material and moral damages resulting from the injury caused to a staff member by his superior (acting in the course of his duties and not in a private capacity) by treatment that is an affront to the staff member's personal and professional dignity (Judgment 1609 [...]); and for victimisation consequent upon improper treatment (Judgment 1376 [...]). A staff member is entitled to have his good name vindicated by the organisation when a superior makes false allegations against him and to redress for the harm caused ([see] Judgment[s] 1340 [and] 1344 [...]). When a third party makes false allegations against a staff member, the organisation should communicate its view that the allegations are without foundation (Judgment 1376 [...])."
Reference(s)
ILOAT Judgment(s): 1340, 1344, 1376, 1609
Keywords:
abuse of power; burden of proof; compensation; injury; liability; material damages; material injury; misuse of authority; moral injury; organisation's duties; respect for dignity; supervisor;
Judgment 1854
87th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
The impugned decision must therefore be set aside. As for relief, the complainant has throughout been willing to accept compensation in lieu of reinstatement. Therefore the Tribunal will exercise its discretion under Article VIII of its Statute (as in Judgment 1586 [...] and Judgment 1745) to let the ESO choose between two options. It shall either reinstate the complainant with effect from 1 August 1997, or pay him compensation in a sum equivalent to three times the total gross remuneration paid for the period from 31 July 1996 up to 31 July 1997 (in addition to the termination indemnities already offered or paid by the ESO).
Reference(s)
ILOAT reference: Article VIII of the Statute
ILOAT Judgment(s): 1586, 1745
Keywords:
compensation; reinstatement;
Judgment 1783
85th Session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"When the Tribunal quashes a flawed decision not to renew a fixed-term appointment it has discretion as to the relief it grants. It may send the case back for a new decision by the Organisation on renewal [...] but if it considers that renewal would be only fair, it will, instead of ordering a new decision, actually order reinstatement under a new contract for an appropriate term. [...] But if it considers neither a new decision nor reinstatement to be possible or advisable, it may, as authorised by Article VIII of its Statute, award the complainant compensation."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
allowance; application for execution; case sent back to organisation; compensation; contract; decision quashed; duration of appointment; effect; fixed-term; iloat statute; judgment of the tribunal; non-renewal of contract; reinstatement; subsidiary;
Judgment 1726
84th Session, 1998
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
Although the Organisation's policy gave the complainant sound reasons to expect that he would be transferred to its Headquarters, "he did not have a legal right to demand such transfer and cannot recover any compensation for the failure to transfer him."
Keywords:
compensation; headquarters; practice; refusal; request by a party; transfer;
Judgment 1637
83rd Session, 1997
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16(d)
Extract:
The complainant alleges that he has been a victim of harassment by his supervisor. The Tribunal notes that "the conditions the complainant suffered in his last few months of work harmed his health. They caused him injury for which he is entitled to redress. Acting by virtue of Article II, paragraph 2, of its Statute [...]. The Tribunal awards him damages".
Reference(s)
ILOAT reference: ARTICLE II(2) OF THE STATUTE
Keywords:
compensation; harassment; illness; iloat statute; injury; moral injury; organisation's duties; respect for dignity; service-incurred; working conditions;
Judgment 1609
82nd Session, 1997
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
An international organisation is liable for the injury a staff member may cause in the performance of duty, and that includes injury to other members of staff. [...] An organisation will of course not be liable for private misconduct of an employee that has no link with the performance of duty. But misconduct in the context of employment is another matter. When someone whom the organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who suffers injury thereby is entitled to damages.
Keywords:
abuse of power; compensation; complainant; condition; conduct; injury; liability; misconduct; misuse of authority; moral injury; organisation; supervisor;
Judgment 1549
81st Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Whether [the complainant who is now retired] still has any interest in the quashing of someone else's appointment is moot; but he still has an interest in exposing a breach of due process which may warrant an award of damages: see Judgment 729 [...]."
Reference(s)
ILOAT Judgment(s): 729
Keywords:
appointment; candidate; cause of action; claim moot; compensation; competition; due process; flaw; internal candidate; post; procedural flaw; receivability of the complaint; retirement;
Judgment 1534
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
There is a general principle of law that for a claim to damages to succeed "the claimant must provide evidence of (i) an unlawful act, (ii) actual injury and (iii) a causal link between act and injury. [...] Injury is not to be presumed: mere mention of 'worries', 'psychological stress' and 'deprivation of rights' will not do."
Keywords:
cause; compensation; complaint; condition; definition; evidence; general principle; injury; presumption;
Judgment 1525
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The breach of due process [that tainted the decision not to renew the complainant's appointment] caused him moral injury that warrants redress. But he has sufficient redress in the award of full pay from the date of his departure without having had to provide any services in return [the Tribunal cites the case law]".
Keywords:
case law; compensation; date; decision; moral injury; non-renewal of contract; procedural flaw; reinstatement; salary;
Judgment 1501
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant "may not treat the organization as liable for the financial consequences of a decision for which he was solely to blame. so his claims to compensation for a drop in pay and to damages for premature transfer are therefore without merit."
Keywords:
cause; compensation; conduct; consequence; transfer;
Judgment 1496
80th Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The abruptness of the complainant's transfer could scarcely be put down to the Organization's needs. [...] His new job was not on a par with the old one or in keeping with his qualifications. [...] The manner of it was calculated to offend his dignity, and the FAO proved inconsiderate. The conclusion is that its unlawful behaviour and the seriousness of its offence warrant redress. The letter of appreciation that the Director-General sent him on retirement will not suffice since it failed to acknowledge the unnecessary injury he had suffered."
Keywords:
compensation; moral injury; organisation's duties; respect for dignity; staff member's interest; transfer;
Judgment 1489
80th Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Article 28 of the Service Regulations [...] does entitle officials to protection against attacks related to their status or duties and to compensation for injury. But, as was said in Judgment 1270 [...], its purpose is not to settle a dispute that has arisen within the Organisation itself. So it affords no basis for a claim to help from the Organisation against treatment by a supervisor."
Reference(s)
Organization rules reference: ARTICLE 28 OF THE EPO SERVICE REGULATIONS
ILOAT Judgment(s): 1270
Keywords:
compensation; injury; interpretation; moral injury; official; staff regulations and rules; supervisor;
Judgment 1481
80th Session, 1996
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Though [the complainant whom the Organization refused to grant a permanent contract in spite of a promise it had made to him] claims for moral damages for the ILO's treatment of him, this judgment may be deemed to afford him redress on that count."
Keywords:
compensation; judgment of the tribunal; moral injury;
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