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Loss of opportunity (665,-666)
You searched for:
Keywords: Loss of opportunity
Total judgments found: 35
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Judgment 4087
127th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the validity of a competition procedure in which he took part and the lawfulness of the ensuing appointment.
Consideration 7
Extract:
In accordance with the Tribunal’s well-established case law, an official has no cause of action to challenge the decision to appoint another official to a post if she or he is not eligible for appointment to that post (see, for example, Judgments 2832, consideration 8, and 3644, consideration 7). In view of the complainant’s lack of a cause of action, all other pleas that he raises against the impugned decision are of no avail. [...]
Reference(s)
ILOAT Judgment(s): 2832, 3644
Keywords:
cause of action; loss of opportunity; selection procedure; vacancy notice;
Judgment 4019
126th Session, 2018
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant her a promotion in the 2013 promotion exercise.
Consideration 11
Extract:
The setting aside of this decision does not, in itself, imply that the complainant would actually have been promoted if the proper procedure had been followed. Nevertheless, as her immediate supervisor had submitted a very complimentary promotion proposal, which would normally have been supported by her second-level supervisor, the procedural flaw identified above unduly deprived her of a promotion opportunity. This lost opportunity constitutes material injury which, as the complainant rightly submits, entitles her to compensation (see, for example, Judgments 2869, under 10, or 3084, under 21).
Reference(s)
ILOAT Judgment(s): 2869, 3084
Keywords:
loss of opportunity; material injury; promotion;
Judgment 3970
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to prolong his service beyond the mandatory retirement age.
Considerations 11-12
Extract:
Although the complainant’s request for a prolongation of his service was dismissed on the basis of irrelevant grounds, it cannot be said with certainty that the request would not have been rejected by the Administrative Council for another reason – assuming that the President had submitted a proposal in the complainant’s favour – in view of the broad discretion exercised by that collective body in applying Article 54 of the Service Regulations to members of boards of appeal. Nevertheless, the complainant was indisputably deprived of a valuable opportunity to have his appointment prolonged, which was all the more significant in view of the Selection Committee’s proposal in his favour, and the loss of that opportunity warrants redress.
In the light of these various considerations, the Tribunal finds, in the circumstances of the case, that the complainant must be awarded a sum equivalent to two years’ remuneration, calculated on the basis of his final net salary before he left the EPO, less the amount of payments from various retirement pensions which he received in respect of the 24 months following his departure and any professional earnings during that same period.
As this lump sum must be regarded as compensation for all material injury suffered by the complainant as a result of the refusal to prolong his service, there is no reason to grant the complainant’s claims for a recalculation of his net pension benefit from the pension scheme for permanent employees of the Office.
Keywords:
age limit; loss of opportunity; material damages;
Judgment 3942
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reinstate her in her former position.
Consideration 12
Extract:
The complainant seeks reinstatement but, given the effluxion of time, such an order would be inappropriate. However, in addition to the compensation already paid, the complainant is entitled to material damages for the lost opportunity of future and further employment beyond 12 months with UNESCO, which the Tribunal assesses in the sum of 40,000 dollars.
Keywords:
loss of opportunity; material damages; reinstatement;
Judgment 3933
125th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment.
Consideration 10
Extract:
Further criticism is made by the complainant about the failure to consider him for alternative assignments and reference is made to several positions he says he could have been redeployed to. However, his pleas on this topic are at a highly generalised level and do not provide a foundation for a conclusion that the redeployment process was legally flawed.
Keywords:
loss of opportunity; material injury; reassignment;
Judgment 3918
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.
Consideration 5
Extract:
[T]he Director-General accepted in her decision of 17 June 2015 that the complainant had lost an opportunity to be reassigned to another position within the Organization because of a failure, in the reassignment process, to consider the complainant for one of two specified positions. This is not contested by WHO in its reply. The Tribunal’s case law establishes that, in such circumstances, a complainant is entitled to material damages (see, for example, Judgments 3756, consideration 14, 3755, consideration 20, 3754, consideration 21, 3753, considerations 15 and 17, and 3752, consideration 17). [...] At the time of the complainant’s termination of appointment, he had approximately five years remaining employment under his continuing appointment, was 55 years old and had served as an official of WHO for a little over 30 years. These factors influence the assessment of the material damages, particularly the fact that the complainant was some considerable time off retiring. The Tribunal assesses the material damages for this lost opportunity in the sum of 80,000 United States dollars.
Reference(s)
ILOAT Judgment(s): 3752, 3753, 3754, 3755, 3756
Keywords:
abolition of post; loss of opportunity; material damages; termination of employment;
Judgment 3884
124th Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to extend her appointment beyond the mandatory retirement age.
Consideration 21
Extract:
Although the complainant’s request for an extension of her appointment was rejected [...] on a ground tainted with an error of law, it cannot be assumed, in view of the Director-General’s broad discretion [...], that the request would have been granted had it been lawfully examined. Nevertheless, the complainant was indisputably deprived of a valuable opportunity to have her appointment extended, the loss of which warrants compensation.
Keywords:
loss of opportunity; material injury;
Judgment 3838
124th Session, 2017
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment.
Consideration 9
Extract:
Although, having regard to all the circumstances, the complainant could have little hope of his appointment being renewed, it cannot be said that his chances of obtaining a renewal were nil.
Keywords:
loss of opportunity; renewal of contrat;
Judgment 3734
123rd Session, 2017
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the IAEA’s decision not to pay her compensation for the loss of earning capacity beyond the age of 60.
Judgment keywords
Keywords:
complaint allowed; decision quashed; loss of opportunity;
Judgment 3688
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish her post and to separate her from service.
Consideration 32
Extract:
The complainant seeks an order that WHO should reinstate her to her post which was unlawfully abolished. It was however stated, in Judgment 3353, consideration 35, for example, that the reinstatement of a person on a fixed-term contract can be ordered in only exceptional cases. The circumstances in the present case are not of an exceptional character, but the complainant will be awarded 90,000 euros in material damages for the loss of a valuable opportunity to have her contract renewed, the loss of career opportunity as a result of the unlawful abolition of her post, and for WHO’s failure to make reasonable efforts to reassign her under Staff Rule 1050.2.
Reference(s)
Organization rules reference: Staff Rule 1050.2
ILOAT Judgment(s): 3353
Keywords:
abolition of post; loss of opportunity; material damages; reinstatement;
Judgment 3670
122nd Session, 2016
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her Staff Performance Appraisal report, as well as the decision not to renew her fixed-term contract.
Consideration 14
Extract:
[T]he overall assessment of her performance originally was and remained, after considered and detailed internal review, unsatisfactory. In the circumstances it would be inappropriate to award material damages on the basis that the complainant lost the opportunity of securing a contract renewal.
Keywords:
loss of opportunity; material injury;
Judgment 3587
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to initiate a new selection procedure after the decisions not to select her for a vacant post and to appoint another candidate were set aside due to a flawed selection procedure.
Judgment keywords
Keywords:
complaint allowed; loss of opportunity; procedural flaw; selection procedure;
Judgment 3584
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his non-selection for a vacant post, alleging personal prejudice, and contests the transfer of the selected candidate to a commensurate post.
Judgment keywords
Keywords:
complaint allowed; loss of opportunity; moral injury; procedural flaw; selection procedure;
Judgment 3494
120th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her candidature for a position in Eurocontrol.
Consideration 19
Extract:
"The Tribunal will not award the complainant the compensation she claims for loss of opportunity because, under the provisions of the Staff Regulations in force, Eurocontrol officials may not in principle be promoted to a higher grade bracket except through a competition (see Judgment 3404, under 8)."
Reference(s)
ILOAT Judgment(s): 3404
Keywords:
loss of opportunity; selection procedure;
Judgment 3129
113th Session, 2012
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; loss of opportunity; selection procedure;
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