Injury (46, 47, 48, 49, 50, 51,-666)
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Keywords: Injury
Total judgments found: 183
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Judgment 250
34th Session, 1975
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
A clause in the complainant's contract provides for compensation in the event of "illness". It is unclear whether the term applies to all cases of illness or only to cases of illness which were due to performance of duties. Under the second interpretation, the person concerned would be entitled to full compensation for the prejudice suffered and its direct consequences, for example disability. "Without settling that question, and assuming in the complainant's favour that the second interpretation is correct", the Tribunal notes that the illness was not related to the performance of his duties.
Keywords:
compensation; condition; contract; illness; injury; interpretation; provision; service-incurred;
Considerations
Extract:
Assuming that the terms of appointment entitling the complainant to compensation cover only cases of illness which are the direct result of his duties, by reason of the particularly demanding nature thereof, "the complainant would be entitled, quite apart from the terms of his appointment and in accordance with the general principles of liability in public law, to full compensation for any prejudice suffered by him and its direct consequences, including, for example, chronic or temporary disability."
Keywords:
compensation; general principle; illness; injury; invalidity; liability; right; service-incurred;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[B]y causing the complainant serious loss which was not justified by the need to safeguard any interest of the [organisation] the Director-General drew from the dossier conclusions which are clearly mistaken."
Keywords:
contract; fixed-term; forfeiture of benefit; injury; mistaken conclusion; non-renewal of contract; organisation's interest; pension; pension entitlements;
Judgment 234
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]here can be no claim in respect of currency devaluation as such." But there can be a claim for compensation for the delay in payment. "In the circumstances of [the] case this compensation should be assessed as the diminution in the amount of rupees eventually received by the complainant, the diminution being due to the change in the rupee/dollar rate during the period of delay."
Keywords:
administrative delay; amendment to the rules; competence of tribunal; consequence; currency of payment; delay in payment; exchange rate; execution of judgment; injury; judgment of the tribunal; material damages; moral injury; receivability of the complaint;
Considerations
Extract:
Judgment No. 195 ordered the payment of US $20,000 in respect of moral and material damage. The period comprising the delay in payment began one month after the notification of the judgment and ended on the date of payment. "The amount of compensation should be ascertained by taking the difference between the rates as quoted on the international exchanges on these two dates."
Reference(s)
ILOAT Judgment(s): 195
Keywords:
administrative delay; amendment to the rules; amount; exchange rate; injury; material damages; moral injury; payment; period;
Judgment 220
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant had never availed himself of the opportunity which was available to him under a former provision to transfer part of his remuneration. Yet "[...] he had a direct and personal interest in seeking the quashing of a decision which deprived him of that possibility."
Keywords:
administrative instruction; amendment to the rules; cause of action; decision; injury; provision; receivability of the complaint; staff regulations and rules;
Judgment 203
30th Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Discharge and summary dismissal, by depriving the official of his employment, "may cause serious harm to the staff member concerned and to his family. In accordance with the principle that the penalty should be proportionate to the fault, they should, therefore, as a general rule be imposed only on a staff member whose conduct appears to be incompatible with the performance of his duties."
Keywords:
consequence; injury; proportionality; summary dismissal; termination of employment;
Judgment 176
26th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The liability of the organization to pay compensation is established by Judgment No. 136 [under two heads:] [...] compensation to the complainant for the non-renewal of his contract [...] and compensation for moral damage for illegal suspension from duty."
Reference(s)
ILOAT Judgment(s): 136
Keywords:
contract; execution of judgment; fixed-term; injury; judgment of the tribunal; material damages; moral injury; non-renewal of contract; suspension;
Consideration 3
Extract:
"[T]he principle of limitation of liability has been accepted in many systems of law. The basis of it is that in certain spheres of operation it is considered to be in the public interest that a ceiling should be placed on the offender's liability for fault, the injured person being left, if he so desires, to insure himself against any excess."
Reference(s)
ILOAT Judgment(s): 136
Keywords:
compensation; general principle; injury; liability; limits;
Consideration 5
Extract:
"The essence of the moral damage claimed lies in the fact of the abrupt and summary suspension which is not denied. It would not be right to relate the assessment under this head exclusively to the basic salary. Distress and moral prejudice may be as great to a man on a small salary as to a man on a large one. But the rate of salary affords a guideline and the six months' salary offered by the organization under this head is in the opinion of the Tribunal approximately correct."
Keywords:
amount; contract; criteria; fixed-term; injury; moral injury; suspension;
Judgment 172
26th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, who was dismissed without inquiry on the basis of unsupported allegations, is entitled to "a sum in respect of the disturbance of his living conditions and family life which the [Director-General] unlawfully caused him and in respect of the moral injury which he suffered on account of the unjust charges brought against him. Considering that he obtained equivalent employment fairly soon, the injury will be fairly assessed by awarding compensation amounting to 15,000 French francs."
Keywords:
amount; contract; fixed-term; injury; inquiry; investigation; lack of evidence; material damages; moral injury; termination of employment;
Considerations
Extract:
No real inquiry was made. The allegations against complainant were improbable. "The Tribunal can only find that the facts leading to the imposition of the sanction are in no way proved and decide that the impugned decision should be quashed. There is no reason to order the complainant's reinstatement, which in any case he does not claim; his entitlement to compensation for the injury suffered by him should, however, be considered.
Keywords:
damages; evidence; injury; inquiry; investigation; lack of evidence;
Judgment 136
22nd Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The suspension of the complainant was followed by an improper decision not to renew his contract. Having received his full salary, the complainant "has suffered no material damage, but he has suffered moral damage. He is entitled to equitable compensation for the distress caused by the manner of his treatment and for the injury done thereby to his reputation and to his prospects of obtaining other employment. The organization must therefore pay to the complainant equitable compensation in respect of the illegality of his suspension from duty".
Keywords:
contract; fixed-term; flaw; injury; moral injury; non-renewal of contract; professional injury; suspension;
Judgment 135
22nd Session, 1969
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The refusal to grant a permanent post to the complainant was quashed because of legal error. The organisation again rejected the complainant's application. The complainant's claim for damages "is well founded only insofar as it rests on the prejudice arising out of the illegal decision [...] which lapsed on [...] which date the decision legally rejecting his application for a permanent post was issued." The Tribunal awards the complainant a sum in compensation, in particular, for the "prejudice caused to complainant by the state of uncertainty in which he found himself as a result of the rescinded decision."
Keywords:
amount; confirmatory decision; decision; flaw; injury; mistake of law; moral injury; refusal; titularization;
Judgment 127
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's appointment was terminated and his post abolished. "[T]he organization has an obligation to the complainant because of the fact which was not taken into account, namely the intervention with the [national] authorities by the senior technical adviser, without good reason, in the exercise of his official duties. As a result, the complainant has suffered both material and moral injury [...] taking account of [...] in particular [...] the fact that the organization was in ignorance through no fault of its own, the organization should pay the complainant compensation".
Keywords:
abolition of post; consultation; contract; disregard of essential fact; fixed-term; injury; liability; material injury; member state; moral injury; organisation; termination of employment;
Judgment 121
20th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The organization has [...] committed a breach of contract by suspending the complainant otherwise than in accordance with the Staff Regulations. Since his emoluments have been fully paid, he has suffered no material damage, but he has suffered moral damage. He is entitled to compensation for the distress caused by the abrupt way in which he was treated, tantamount in its form to summary dismissal, and for the injury done to his reputation and to his prospects of obtaining other employment."
Keywords:
breach; flaw; injury; moral injury; professional injury; provision; respect for dignity; staff regulations and rules; summary dismissal; suspension;
Judgment 88
15th Session, 1965
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It is not inconceivable that an official might be so deeply affected by the termination of his appointment as to fall ill and to become incapacitated for work for a certain length of time. In the present case, however, the complainant could in any event have expected the termination of his appointment [at the end of the probationary period] and [...] failing quite exceptional circumstances, he had no grounds for maintaining that his dismissal led to the deterioration of his health and to incapacity for work after that date."
Reference(s)
ILOAT Judgment(s): 69
Keywords:
cause; illness; incapacity; injury; probationary period; termination of employment;
Judgment 82
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The interveners [A and B], to whom [the] judgment [the application of which is requested] had awarded reimbursement of the expenses incurred by them, are holders of rights liable to be affected by the present judgment [...]. On the other hand, the interveners [X, Y and Z], insofar as they are acting on their own behalf, do not enjoy any right of that kind, and the staff association has no cause to intervene in the present proceedings. Their interventions are accordingly not receivable."
Reference(s)
ILOAT Judgment(s): 61
Keywords:
cause of action; injury; intervention; receivability of the complaint;
Consideration 10
Extract:
The complainant "is entitled to an indemnity compensating him for the damage he has suffered through the delay on the part of [the organisation] in giving effect to [...] the operative part of the [...] judgment [in question]." It emerges from the dossier that this damage will be equitably remedied by deciding that the sum which the organisation must pay - and the amount of which had been fixed by order - shall bear interest at the rate of 5 per cent, payable as from the thirtieth day after notification of the said order.
Reference(s)
ILOAT Judgment(s): 61
Keywords:
administrative delay; amount; execution of judgment; injury; interest on damages; judgment of the tribunal; penalty for delay;
Consideration 1
Extract:
The complainant's submissions aimed at remedying the damage suffered through the delay on the part of the organisation in giving effect to the part of the judgment in question. They "thus bear upon the rights devolving directly from this judgment, delivered within the bounds of the competence of the Tribunal. The Tribunal is therefore competent to examine the new complaint [...] and, in particular, to judge whether it is appropriate to award compensation to remedy the damage caused by an infringement of those rights."
Reference(s)
ILOAT Judgment(s): 61
Keywords:
administrative delay; application for execution; cause of action; competence of tribunal; execution of judgment; injury; judgment of the tribunal;
Judgment 70
12th Session, 1964
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration II (3)
Extract:
General principle concerning the rights of the international civil service: it is the duty of the organisation to protect and assist its officials in the performance of their functions or in connection therewith (cf. International Court of Justice: reparation for injuries suffered in the service of the United Nations; Advisory Opinion, I.C.J. reports, 1949, page 174).
Keywords:
advisory opinion of icj; compensation; icj; injury; international civil service principles; organisation's duties;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
"While the adoption of the new pension scheme seriously impaired the complainant's rights, it is impossible to assess the full extent of the impairment at this stage. In particular the Tribunal does not know at what age the complainant will retire and what provisions will then be in force. Therefore the Tribunal cannot now order the [organisation] to pay compensation to the complainant or to guarantee him a particular benefit." However, it recognises the complainant's right to receive those benefits to which he would have been entitled under the old pension scheme and the right if need be to apply once more to the Tribunal.
Keywords:
acquired right; amendment to the rules; amount; consequence; injury; pension; provision; staff regulations and rules;
Judgment 60
10th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration II 2(A)
Extract:
The complainant has not suffered any financial prejudice. "On the other hand, the mere fact of belonging to a given grade does not carry any prestige value, unlike the use of a title, such as 'secretary' for instance [...]. Thus there is no moral prejudice."
Keywords:
cause of action; injury; lack of injury; moral injury; post classification; title of post;
Judgment 54
9th Session, 1961
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant had applied for the post [...] while still an official [of the organization], he is entitled to challenge the decision appointing another candidate to the post."
Keywords:
application for quashing; appointment; candidate; cause of action; competition; injury; internal candidate; locus standi; other;
Judgment 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Damages to personal effects, in respect of which complainant makes a claim [...] arose out of and in the course of employment. Whether or not the claim for compensation was allowable under the organization's baggage insurance policy, the organization was directly liable for compensation."
Keywords:
compensation; injury; insurance; liability; material injury; organisation; organisation's duties; personal effects; service-incurred;
Judgment 33
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The offer to pay the complainant compensation for the moral and material prejudice he suffered equivalent to six months' salary together with allowances has been maintained before the Tribunal; "the fact that the Director-General admitted the principle of granting compensation to the complainant in respect of the prejudice caused to him was such as to lead the complainant to file his complaint; [...] taking into account the particular circumstances of the case it appears justified that, as an exceptional measure, the complainant be granted compensation by way of participation in his costs."
Keywords:
acceptance; compensation; costs; exception; injury; material injury; moral injury; offer; organisation; settlement out of court; tribunal;
Considerations
Extract:
"While it has not been proved that performance reports should have been drawn up in connection with the complainant's participation in a competition, such performance reports should have been drawn up in any case once in each calendar year [...]. The absence of performance reports for the [material] year is a breach of [the Staff Rules] and may have been prejudicial to the complainant."
Keywords:
breach; injury; omission; performance report; provision; rating; staff regulations and rules;
Judgment 27
6th Session, 1957
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The only fault which can be attributed to the organisation is that it did not establish [...] clearly and precisely [the responsibility of the complainant in certain incidents] but left open to grave doubt the reasons which motivated the failure to re-engage the complainant [...]. The complainant should therefore be awarded an indemnity in compensation for the moral prejudice resulting from the equivocal explanation given of the failure to re-engage her, for which prejudice the award of a sum of US $1,000 will give her full relief."
Keywords:
amount; contract; fixed-term; grounds; injury; material damages; moral injury; non-renewal of contract; professional injury;
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