Compensation (585,-666)

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Keywords: Compensation
Total judgments found: 139

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• Judgment 1477

  
  80th Session, 1996
  International Training Centre of the International Labour Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "As to the complainant's claim to token damages for moral injury this judgment affords a remedy for any such injury."

  Reference(s)

  ILOAT Judgment(s): 1359
  

  Keywords:

  compensation; competition; competition cancelled; flaw; judgment of the tribunal; moral injury; procedural flaw;
  

  
  
  

• Judgment 1434

  
  79th Session, 1995
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  The organization denied the Appeals Board access to information and documents that were given to the Selection Board. The Tribunal holds that the complainant "was denied due process in the internal appeal proceedings, and for that he was entitled to redress. the organization did not offer him any. The Tribunal will therefore award him 3,000 United States dollars in moral damages".

  Keywords:

  compensation; confidential evidence; flaw; internal appeal; internal appeals body; moral injury; procedural flaw; selection board;
  

  
  
  

• Judgment 1419

  
  78th Session, 1995
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 23

  Extract:

  "Where the Tribunal sets a decision aside the defendant organisation is bound to take any action required to give full effect to the wording and reasoning of the judgment. When the dispute is about financial liability the Tribunal may in the full exercise of its competence either state the amount of which the defendant is liable, if a sufficiently exact figure can be put on it, or else, where execution calls for further calculation or the play of discretion, send the case back to the organisation so that it may act on the rulings in the judgment."

  Keywords:

  compensation; consequence; discretion; effect; execution of judgment; judgment of the tribunal; organisation's duties; res judicata;
  

  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 1394

  
  78th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The complainant claims damages for injury due to wrongful delay in completing his performance report for 1986-87. "The Tribunal is satisfied on the evidence that the delay that occurred was inadmissible. The EPO's failure to settle reasonably soon a dispute that raised no especially difficult issue of fact or law has discomfited the complainant in that after six years he does not yet have his final rating for 1986-87. [...] He has sustained moral injury, and indeed it is expressly acknowledged in later staff reports. On that score he will get fair redress in an award of 5,000 German marks in damages."

  Keywords:

  compensation; delay; moral injury; organisation's duties; performance report; work appraisal;
  

  
  
  

• Judgment 1386

  
  78th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 28

  Extract:

  The Tribunal "accepts that the premature dismissal caused him moral injury in relation not only to his family and private life but also to his career prospects. Those prospects suffered from the EPO's having gravely compromised his chances of finding other employment by putting in the documents concerning his dismissal, and in breach of his rights of defence, criticism which could not under the circumstances be reviewed. The complainant shall accordingly receive, over and above the redress which the present judgment in itself affords him, damages".

  Keywords:

  career; compensation; judgment of the tribunal; moral injury; professional injury; right to reply; termination of employment;
  

  Consideration 27

  Extract:

  The complainant was wrongfully dismissed following probation. The Tribunal holds that "in material damages the EPO shall pay him an amount equivalent to the emoluments he would have earned from the date of dismissal until the end of the month in which the Tribunal delivers the present judgment. Since he has convincingly shown that he has not been employed since the EPO dismissed him, the organisation may not subtract from that amount any indemnities or other earnings he may have received during that period."

  Keywords:

  compensation; flaw; material damages; material injury; probationary period; reckoning; termination of employment;
  

  Consideration 26

  Extract:

  "The relief the complainant seeks includes reinstatement in his post or, failing that, damages for material and moral injury [...]. The Tribunal holds that reinstatement, which could only mean reinstatement for a further probationary period, would raise insurmountable practical difficulties because of the time that has elapsed since the date of dismissal [...]. [The complainant is] entitled to full compensation for the material and moral injury he sustained."

  Keywords:

  compensation; date; material damages; material injury; moral injury; probationary period; refusal; reinstatement; subsidiary; termination of employment;
  

  
  
  

• Judgment 1384

  
  78th Session, 1995
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  The complainant was accused of stealing computer equipment but no formal proof of this was ever given. The organization decided not to renew his fixed-term appointment on grounds of theft. The Tribunal holds that the complainant "must be put in the same position as if his contract had never terminated and be reinstated as from the date of termination up to the date of this judgment. Since his performance was good he should be granted any within-grade salary increases he would ordinarily have been entitled to. Although any indemnities or earnings from employment after termination may be deducted from the amounts due, he is entitled to the payment of interest on all arrears of pay at the rate of 8 per cent a year from the dates at which each component sum fell due. [...] He is to be granted an appointment for a period of two years starting at the date of delivery of this judgment."

  Keywords:

  compensation; contract; date; fixed-term; increment; interest on damages; non-renewal of contract; procedural flaw; professional injury; reckoning; reconstruction of career; reinstatement;
  

  Consideration 18

  Extract:

  The organization accused the complainant of removing computer equipment from the work place. It decided not to renew his fixed-term appointment on the grounds of theft. "The damage to the complainant's career and reputation is so grave that nothing short of reinstatement and the grant of a further contract of employment will suffice."

  Keywords:

  compensation; contract; fixed-term; moral injury; non-renewal of contract; professional injury; reinstatement;
  

  
  
  

• Judgment 1383

  
  78th Session, 1995
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 14-15

  Extract:

  The selection process for a vacancy that had been put up for competition was fatally flawed because the successful candidate did not meet the minimum requirements in the vacancy notice. The complainant "admits that she drafted the description to fit her own qualifications and experience [and that she was] endeavouring from the outset to pervert the process to secure her own appointment. [...] In the circumstances she is not entitled to any damages at all. [...] Accordingly, the Tribunal will [not] award the complainant damages for material or moral injury."

  Keywords:

  candidate; compensation; competition; good faith; material damages; moral injury; vacancy notice;
  

  
  
  

• 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 1351

  
  77th Session, 1994
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "A decision not to renew a fixed-term contract does not interfere with any contractual right but merely disappoints expectation of further employment. The complainant is not entitled to the exceptional relief of reinstatement but only to an award of damages".

  Keywords:

  compensation; contract; damages; decision; exception; fixed-term; legitimate expectation; non-renewal of contract; reinstatement;
  

  
  
  

• Judgment 1338

  
  77th Session, 1994
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "Although Judgment 1133 declared [the complainant's] dismissal null and void it did not order reinstatement." The WHO exercised the "option of paying him financial compensation: that was in lieu of reinstatement".

  Reference(s)

  ILOAT Judgment(s): 1133, 1219
  

  Keywords:

  application for execution; compensation; judgment of the tribunal; organisation's duties; reinstatement; subsidiary;
  

  
  
  

• Judgment 1328

  
  76th Session, 1994
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  As the International Court of Justice has held, "that rulings by international administrative tribunals are binding in particular where they make awards against organisations is the corollary of their judicial authority." (Advisory opinions of 13 July 1954 and 23 October 1956.) "In Judgment 553 [...] the Tribunal explained the nature of the obligation that its rulings lay on an organisation".

  Reference(s)

  ILOAT Judgment(s): 553
  

  Keywords:

  advisory opinion of icj; application for execution; compensation; execution of judgment; icj; judgment of the tribunal; organisation's duties; payment; res judicata; tribunal;
  

  
  
  

• Judgment 1294

  
  75th Session, 1993
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 20

  Extract:

  "In Judgment 447 [the Tribunal] declared, as to compensation for moral injury, that 'where the impugned decision is not unlawful such compensation is due only in exceptional circumstances'."

  Reference(s)

  ILOAT Judgment(s): 447
  

  Keywords:

  allowance; case law; compensation; moral injury;
  

  
  
  

• Judgment 1265

  
  75th Session, 1993
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 26 and 29

  Extract:

  The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "The Tribunal may not interfere in the exercise of [the organization's] discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] the Tribunal has, like other international and national administrative tribunals, set criteria for what may be termed 'external' or 'marginal' review of discretionary decisions, and [...] they were set out in detail in Judgment 1000, under 12."

  Reference(s)

  ILOAT Judgment(s): 1000
  

  Keywords:

  adjustment; case law; compensation; criteria; discretion; general service category; icsc decision; judicial review; limits; municipal court; reckoning; salary; scale;
  

  Consideration 38

  Extract:

  "The complainants claim damages for breach of their basic rights, which the Tribunal has acknowledged. All that need be said is that payment of damages is not a proper means of giving them satisfaction on a matter of principle of that kind."

  Keywords:

  allowance; breach; compensation; international civil service principles; request by a party; tribunal;
  

  
  
  

• Judgment 1247

  
  74th Session, 1993
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  The complainant's termination has not been justified on the grounds of serious misconduct. "Reinstatement is no longer possible. The Tribunal therefore awards him, in accordance with Article VIII of its Statute, compensation in a sum of 600 dollars, the full amount of remuneration due for the rest of his contract."

  Reference(s)

  ILOAT reference: ARTICLE VIII OF THE STATUTE
  
  

  Keywords:

  compensation; contract; grounds; iloat statute; reinstatement; salary; serious misconduct; termination of employment; tribunal;
  

  
  
  

• Judgment 1246

  
  74th Session, 1993
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  "The procedural flaw caused the complainant injury. As to the relief she is entitled to on that account, the Tribunal holds that it is not advisable to grant her the redress that would ordinarily be the consequence of quashing the impugned decision, namely reinstatement. The Tribunal therefore exercises the discretion vested in it by Article VIII of its Statute and instead awards the complainant damages for the breach of procedure. It sets the amount at the equivalent of one year's salary and allowances."

  Reference(s)

  ILOAT reference: ARTICLE VIII OF THE STATUTE
  
  

  Keywords:

  allowance; compensation; decision; due process; flaw; iloat statute; material damages; procedural flaw; reinstatement; right; salary; tribunal;
  

  
  
  

• Judgment 1238

  
  74th Session, 1993
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The Tribunal orders the complainant's reinstatement. The organization "must do its utmost to reinstate him in the post which he held [...] or in any comparable one acceptable to him. Only if that proved impossible should it pay him additional damages equivalent to the salary, allowances and other entitlements which he would have received over a period of two years had he been reinstated in its employ as from the date of this judgment."

  Keywords:

  allowance; compensation; date; flaw; judgment of the tribunal; post; post held by the complainant; reinstatement; salary; termination of employment;
  

  
  
  

• 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 1160

  
  72nd Session, 1992
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 20

  Extract:

  "Further claims [from one of the complainants] to a ruling on the Organization's alleged failure to deal with the issues in his statements of appeal and to 'directions' to the administration 'in the interest of justice' do not constitute proper forms of relief and therefore will not be entertained."

  Keywords:

  claim; compensation; failure to answer claim; internal appeal; receivability of the complaint;
  

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