Injury (46, 47, 48, 49, 50, 51,-666)
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Keywords: Injury
Total judgments found: 186
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Judgment 2847
107th Session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainant received family allowances paid at the full rate by Eurocontrol in respect of his three children but did not declare to the Agency that his partner was drawing family allowances from the competent national social security authority. According to Article 67(2) of the Staff Regulations, the amount of family allowances that Eurocontrol was paying him should have been reduced by the amount of the family allowances received by his partner. The complainant objects to the fact that the Agency has recovered the amount overpaid from the outset, i.e. over a five-year period, whereas in the opposite case, when the Agency makes a mistake to the detriment of an official, it usually benefits from rules of prescription which enable it greatly to reduce the amounts reimbursed.
"[A]ccording to the Tribunal's case law, a claim for recovery of undue payment is not imprescriptible and must be brought - even in the absence of any provision in writing to this effect - in reasonable time (see Judgments 53, under 4, and 2565, under 7(c)). However [...] the five-year period concerned by the recovery of the overpayment [...] cannot be regarded in this case as an unreasonable length of time, particularly because the disputed reimbursement arises from concealment on the part of the complainant and because Eurocontrol did not fail to take the necessary steps to recover the sums in question."
Reference(s)
Organization rules reference: Article 67(2) of the Staff Regulations governing officials of the Eurocontrol Agency
ILOAT Judgment(s): 53, 2565
Keywords:
accumulation; amount; breach; case law; dependent child; difference; domestic law; family allowance; injury; limits; misrepresentation; no provision; organisation's duties; payment; period; rate; reasonable time; recovery of overpayment; request by a party; staff member's duties; staff regulations and rules; time bar;
Judgment 2832
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
The complainant retired on 1 March 2007. Having been informed of the appointment, with effect from 1 June 2007, of a number of grade A3 examiners to appeal board member posts at grade A5, he field an internal appeal against the appointments in question. The EPO contends that the complainant, given his status as a retiree, has no cause of action.
"It has to be acknowledged that this objection to receivability is well founded. [...] It is true that the Tribunal's case law as set forth, inter alia, in Judgments 1330, 2204 and 2583, does not make a complaint's receivability depend on proving certain injury. It is sufficient that the impugned decision should be liable to violate the rights or safeguards that international civil servants enjoy under the rules applicable to them or the terms of their employment contract. Thus, where a decision is taken, for instance, to appoint a staff member to a particular post, another staff member's interest in challenging such an act does not depend on whether he or she had a relatively good chance of being appointed to the post in question (see, for example, Judgments 1223 and 1272). However, as demonstrated by the same case law, the person concerned must be eligible to occupy the post; otherwise he or she could not be deemed to be legally affected by the disputed appointment. This condition is clearly not met in the present case, because the complainant could not, on account of his retirement, aspire to be appointed as a member of an appeal board with effect from 1 June 2007 and because the disputed decisions therefore had no impact on his own situation."
Reference(s)
ILOAT Judgment(s): 1223, 1272, 1330, 2204, 2583
Keywords:
appointment; case law; cause of action; complaint; condition; consequence; contract; date; decision; injury; internal appeal; official; post; provision; receivability of the complaint; retirement; right; safeguard; staff regulations and rules; status of complainant;
Judgment 2819
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Although the complainant's dignity has been seriously injured, and consistently injured over a period of three and a half years, he has suffered no financial loss and his claims for compensation and for moral damages are excessive. [...] The complainant will be adequately compensated by an award of moral damages in the amount of 25,000 euros. There will be an award of costs of these proceedings and the internal appeal proceedings in the amount of 5,000 euros."
Keywords:
amount; complainant; costs; injury; lack of injury; material injury; respect for dignity;
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 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 2769
106th Session, 2009
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"As it cannot be confirmed but for the flaw in the selection process that the complainant would have been appointed to the post of Section Head, this aspect of the claim for material damages is rejected. The complainant, however, lost a valuable opportunity to be properly considered for the said post."
Keywords:
appointment; competition; due process; injury; material damages; material injury; procedure before the tribunal;
Judgment 2747
105th Session, 2008
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant alleges that the regulations governing the creation of posts - in particular Regulation 2.2 of the Staff Regulations and Article 102.6.15 of the General Regulations of the UPU - have been violated. "[T]he Tribunal notes [...] that the complainant is entitled to rely on all the provisions of the General Regulations and Staff Regulations, including those which primarily concern relations between the Council of Administration and the Director General insofar as a breach of these provisions may affect his personal situation."
Reference(s)
Organization rules reference: Staff Regulation 2.2 and Article 102.6.15 of the General Regulations of the UPU
Keywords:
breach; consequence; creation of post; executive body; executive head; injury; provision; right; staff regulations and rules; written rule;
Judgment 2732
105th Session, 2008
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"Although the decision [to terminate the complainant's appointment during her probationary period] must be set aside, in view of the circumstances it is not clear that, even if she had been given a proper warning and an opportunity to improve, her appointment would have been confirmed. However, as a result of the Organization's actions she lost a valuable opportunity to improve and demonstrate her suitability for the position and to have her contract considered in that light. The loss of that opportunity warrants an award of material damages in the amount of 15,000 euros."
Keywords:
contract; decision; duty to inform; good faith; injury; material damages; non-renewal of contract; organisation's duties; probationary period;
Judgment 2720
105th Session, 2008
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant alleges that the ITU, in its letter to the journalist, made "scandalous" attacks on the Tribunal. "The Tribunal will not respond to the arguments presented in the complaint regarding prejudice that it allegedly suffered itself as a result of the circulation of the disputed message. The issue raised in this regard, which has no direct bearing on the dispute between the complainant and the ITU regarding compliance with obligations arising from their contractual relationship, falls outside the Tribunal's jurisdiction, as restrictively defined in Article II of its Statute. Furthermore, the Tribunal could not rule on such arguments without breaching its duty of impartiality."
Reference(s)
ILOAT reference: Article II of the Statute
Keywords:
competence of tribunal; iloat statute; injury; lack of injury; organisation's duties; staff member's duties; vested competence;
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 2704
104th Session, 2008
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The principle of freedom of association is infringed if a person is subject to a detriment or disability or is discriminated against because of his or her activities within a staff association or [...] within the Staff Council."
Keywords:
breach; cause; condition; equal treatment; freedom of association; general principle; injury; official; staff union; staff union activity;
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 2696
104th Session, 2008
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It was said in Judgment 832 that an acquired right is one that a staff member may expect to survive alteration of the staff rules (see also Judgment 1226). The right may derive from the terms of appointment, the staff rules or from a decision. In Judgment 61 it was said that the amendment of a rule to an official's detriment and without his consent amounts to a breach of an acquired right when the structure of the contract of appointment is disturbed or there is impairment of any fundamental term of appointment in consideration of which the official accepted appointment."
Reference(s)
ILOAT Judgment(s): 61, 832, 1226
Keywords:
acquired right; amendment to the rules; breach; condition; consequence; contract; decision; definition; injury; official; provision; request by a party; staff regulations and rules; terms of appointment; written rule;
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 2633
103rd Session, 2007
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Where a decision to introduce a new pension scheme is taken on grounds of financial necessity, such as the need to address the rising cost of pensions, the Tribunal cannot consider it to be invalid merely because it leads to a situation that is less favourable to employees."
Keywords:
amendment to the rules; budgetary reasons; decision; decision quashed; grounds; increase; injury; judicial review; official; organisation's interest; pension; pension adjustment system;
Judgment 2632
103rd Session, 2007
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[A]s the Tribunal stated in Judgment 1712, under 10, recalling a firm precedent, 'there may be a cause of action even if there is no present injury: time may go by before the impugned decision causes actual injury. The necessary, yet sufficient, condition of a cause of action is a reasonable presumption that the decision will bring injury. The decision must have some present effect on the complainant's position.'"
Reference(s)
ILOAT Judgment(s): 1712
Keywords:
cause of action; complainant; condition; consequence; effect; injury; period;
Consideration 13
Extract:
"[T]he complainants assert that their acquired rights were breached because the Agency abandoned a practice, applied to them from 1 January to 30 June 2005, involving the application to pensions of the same weightings as were applied to the remuneration of serving officials. But a practice of salary and pension adjustment, even where repeated, does not bind the Organisation that adopted it, which is at liberty to abandon it provided that it does so lawfully (see in this connection Judgment 2089). As for acquired rights, they could not be held to have been breached unless the contested reform impaired a fundamental and essential term of the complainants' conditions of appointment, which include the right to a pension (see aforementioned Judgment 2089 and the case law cited therein). This is clearly not the case here."
Reference(s)
ILOAT Judgment(s): 2089
Keywords:
acquired right; adjustment; amendment to the rules; breach; condition; cost-of-living weighting; discretion; enforcement; formal requirements; injury; organisation's duties; pension; pension adjustment system; pension entitlements; practice; salary; terms of appointment;
Judgment 2630
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[A]s held in Judgment 1712, '[t]he necessary, yet sufficient, condition of a cause of action is a reasonable presumption that the decision will bring injury'. Moreover, the case law has it that 'receivability does not depend on proving actual and certain injury', all that a complainant need show is that the decision under challenge 'may impair the rights and safeguards that an international civil servant claims under staff regulations or contract of employment' (see Judgment 1330, under 4)."
Reference(s)
ILOAT Judgment(s): 1330, 1712
Keywords:
cause of action; complaint; condition; consequence; contract; decision; effect; injury; official; receivability of the complaint; right; safeguard; staff member's interest; staff regulations and rules;
Judgment 2626
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(a)
Extract:
"A decision to refuse to publish in an international organisation's in-house magazine the corrigendum of an article which, in the opinion of the staff member concerned, injures his personal interests may constitute a breach of that staff member's personal rights and an infringement of his freedom of expression. Insofar as such a decision in itself produces legal effects and infringes the rights of the staff member concerned, it constitutes an administrative act causing injury."
Keywords:
amendment to the rules; breach; cause of action; effect; freedom of speech; individual decision; injury; moral injury; organisation; publication; refusal; respect for dignity; right; staff member's interest;
Consideration 5(c)
Extract:
"Generally speaking, serving or retired staff members who turn to an internal appeal body are entitled to have their case heard within a reasonable period of time without having to endure excessive and unjustified delays resulting from the malfunctioning of that body, or from the inadequate resources at its disposal. This duty to take prompt action is reinforced where the dispute is such that it must be resolved rapidly if resolution is to serve any purpose. [...] Contrary to the defendant's view, the complainant therefore had good reason to consider that the lack of a decision within a reasonable time amounted to an implied decision of rejection which he was entitled to challenge before the Tribunal (see Judgments 499 and 791, under 2)."
Reference(s)
ILOAT Judgment(s): 499, 791
Keywords:
absence of final decision; administrative delay; competence of tribunal; complaint; direct appeal to tribunal; failure to answer claim; implied decision; injury; internal appeal; internal appeals body; official; organisation's duties; reasonable time; retirement; right;
Judgment 2625
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, a retired civil servant, asks the Tribunal to declare unlawful some measures applying to pensioners. "The provisions in question are regulatory texts applying to all retired employees of the Office. Since they entered into force long ago the complainant may challenge their lawfulness only by appealing against a decision applying those provisions which actually causes present damage to his personal interests (see in particular Judgments 1852, under 3, 2379, under 5, and 2459, under 7(b))."
Reference(s)
ILOAT Judgment(s): 1852, 2379, 2459
Keywords:
cause of action; claim; effective date; enforcement; general decision; individual decision; injury; provision; retirement; staff member's interest; staff regulations and rules;
Judgment 2583
102nd Session, 2007
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[A]ccording to precedent (see for example Judgments 1330 and 2204), staff members have an obvious interest in ascertaining the value of their pension rights as soon as possible, even if they are still serving: the receivability of their action does not depend on proving actual and certain injury, but on their having an interest in obtaining recognition of their future rights, regardless of whether their pleadings are well founded."
Reference(s)
ILOAT Judgment(s): 1330, 2204
Keywords:
amount; case law; condition; consequence; injury; pension entitlements; receivability of the complaint; staff member's interest; subsidiary;
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