Material injury (49,-666)
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Keywords: Material injury
Total judgments found: 69
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Judgment 4222
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.
Consideration 18
Extract:
The complainant alleges various material injuries involving costs incurred in relation to the accident. However, it must be noted that she does not produce any invoices substantiating the actual amounts concerned and does not provide any reasons why those documents might not be in her possession. The Tribunal cannot therefore award compensation for the injuries in question.
Keywords:
burden of proof; material injury;
Consideration 18
Extract:
While the complainant also alleges that she has lost the opportunity to be offered a consultancy contract by the Organization after her retirement, this injury, which is purely hypothetical, cannot give rise to compensation.
Keywords:
loss of opportunity; material injury;
Judgment 4216
129th Session, 2020
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the lawfulness of the decision to cancel a competition procedure in which he took part.
Consideration 12
Extract:
The complainant, who [...] was ranked first on the list of suitable candidates drawn up by the selection board for the competition, was deprived, by the flaws in the decisions in question, of a valuable opportunity to be appointed to the advertised post, the loss of which constitutes material injury. That appointment would have entailed his promotion to a higher grade and thus a pay rise from December 2015 or January 2016 until his retirement, a period of around three years.
Keywords:
competition cancelled; loss of opportunity; material injury;
Judgment 4215
129th Session, 2020
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to confirm his appointment at the end of his probation period.
Consideration 22
Extract:
In respect of material injury, the unlawfulness of the decision [...] which in particular made it impossible for the complainant to improve his performance in a timely manner, denied him a valuable opportunity to have his appointment confirmed at the end of his probation period and to receive in consequence the remuneration specified in his letter of appointment for the remaining 30 months of that appointment.
Keywords:
loss of opportunity; material injury;
Judgment 4149
128th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish his post and to place him on special leave with pay until the expiry of his fixed-term appointment.
Consideration 14
Extract:
As a result of this flaw in the reassignment process, the complainant lost the opportunity of appointment to another position within WHO with the prospect that he could secure ongoing employment, even after his then existing contract expired. This amounts to a loss of a valuable opportunity. Quantification of the value is difficult and necessarily imprecise. The Tribunal is, nevertheless, satisfied that the complainant’s loss entitles him to material damages assessed in the sum of 60,000 Swiss francs.
Keywords:
loss of opportunity; material injury;
Judgment 4139
128th Session, 2019
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her fixed-term contract as a result of her post having been abolished.
Consideration 10
Extract:
[I]t is an established principle that a staff member is required to limit, to the extent possible, the damage that may be caused to him by an administrative decision (see, for example, Judgment 3107, consideration 9).
Reference(s)
ILOAT Judgment(s): 3107
Keywords:
material injury; mitigation of loss;
Consideration 10
Extract:
[T]he Tribunal cannot accept the complainant’s argument that compensation for the injury in question should take into account a possible renewal of her contract, since such a prospect was purely hypothetical and even, in this case, highly unlikely, in view of the magnitude of the threat to her post.
Keywords:
material injury;
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 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 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 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 3594
121st Session, 2016
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish her post and not to renew her fixed-term appointment.
Consideration 12
Extract:
"[T]he Tribunal recognises that [the complainant] lost a valuable opportunity to have the question of her contract renewal properly considered on the basis of a decision on her application for a P-2 field post. Accordingly, the complainant is entitled to material damages for the loss of opportunity to be considered for a contract renewal (see Judgments 2678, under 16 and 17, and 2873, under 10)."
Reference(s)
ILOAT Judgment(s): 2678, 2873
Keywords:
material damages; material injury;
Judgment 3588
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of damages awarded by WHO following his internal appeal against the decision not to match him to a new position after the abolition of his post and to terminate his appointment.
Consideration 10
Extract:
"[T]he HBA’s recommendation that the complainant be awarded his P5 salary, including all benefits, entitlements and compensation for home leave as of [...] until the expiration of his P5 fixed-term contract [...] was an appropriate approach to the material damages which should have been awarded to the complainant. From that amount should be deducted any monies earned from other employment during that period. The complainant says there was none. However this assessment of the material damages would not include the WHO component of the health insurance contribution payable over that period nor the amounts which otherwise would have been payable by way of pension contributions (see, for example, Judgment 3153, under 4-6)."
Reference(s)
ILOAT Judgment(s): 3153
Keywords:
material damages; material injury;
Consideration 11
Extract:
"[B]ecause the complainant was not appointed to the new P4 position, he lost the valuable benefit of furthering his career in WHO for which he is entitled to material damages."
Keywords:
material damages; material injury;
Judgment 3566
121st Session, 2016
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgment 3239.
Consideration 13
Extract:
"Contrary to what the complainant states incorrectly in her submissions,[...] the Tribunal did not award her an amount equivalent to “five years of her last salary”, but rather the salary “which she would have received if the execution of her contract had continued […] for five years [...].” The CDE therefore had to reconstruct the salary that the complainant would have received had she actually continued her employment during that period, subject to the sole condition that, as the consideration stipulates, this reconstruction should be performed “at the same level of emoluments”, i.e. disregarding any salary increases – resulting, for example, from a promotion – which the complainant might have received during that period.
However, the allowances and other financial benefits linked to the complainant’s family situation, which formed one element of her salary, were naturally subject under the applicable internal rules to conditions relating to, inter alia, the age and educational arrangements of her dependent children which, by definition, might have been fulfilled for only part of the five years in question."
Keywords:
execution of judgment; material injury;
Judgment 3436
119th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of her post in the context of the CTA restructuring, the complainant successfully impugns the decision to terminate her appointment.
Consideration 12
Extract:
[I]f the CTA considers, in view of its staff complement and budgetary resources, that it cannot actually reinstate the complainant, it shall have to pay her material damages for her unlawful removal from her post. [...] The CTA will [...] be ordered to pay the complainant the equivalent of the salary and allowances of all kinds which she would have received had her contract remained in force for a period of five years [...], less the compensation she received on termination of her contract and any remuneration she may have received during this period. The Centre must also pay the complainant the equivalent of the contributions to pension, provident or social security schemes which it would have had to bear during the same period.
Keywords:
material damages; material injury; reinstatement;
Judgment 3409
119th Session, 2015
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal awarded the complainants material and moral damages stemming from IFAD's unlawful decisions and violation of its duty of care.
Consideration 13
Extract:
"As the complainants lost a valuable opportunity to have their contracts renewed in positions other than the abolished positions, the Tribunal awards them material damages in the amount they would have earned at their respective grades for one year [...] including all allowances, benefits and entitlements, less any amounts already received by way of salary and emoluments from any other employment for that period, plus monthly interest of 5 per cent from the date of separation to the date of final payment. The Tribunal awards them moral damages stemming from the unlawful decisions and IFAD’s violation of its duty of care and failure to respect their dignity [...]. The Tribunal does not see any justification for an award of exemplary damages so that claim is dismissed."
Keywords:
material injury; moral injury; respect for dignity;
Judgment 3282
116th Session, 2014
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.
Judgment keywords
Keywords:
breach; compensation; complaint allowed; contract; decision quashed; duty of care; flaw; material injury; moral injury; non-renewal of contract;
Consideration 8
Extract:
Considering reinstatement could raise substantial practical difficulties because of the time that has elapsed since the complainant’s separation from service, the complainant is “entitled to full compensation for the material and moral injury he sustained” (see Judgment 1386, under 26).
Reference(s)
ILOAT Judgment(s): 1386
Keywords:
material injury; moral injury; reinstatement; separation from service;
Judgment 3166
114th Session, 2013
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that he suffered harassment, mobbing and defamation on the part of his supervisors.
Considerations 18 and 19
Extract:
"[T]he JAC made a finding of procedural irregularities in relation to the consideration of the complainant’s grievances. It recognised, as this Tribunal has stated, that an organisation has a duty to its staff members to investigate claims of harassment (see Judgment 3071). This conclusion would have warranted consideration of a remedy. However, the JAC adopted the approach, accepted by the Secretary General, that the Federation had “acted in the [complainant’s] favour” because the contract of [the alleged harasser], amongst others, had not been renewed.
The non-renewal of [that person]’s contract did not involve a vindication of the complainant’s rights. Ordinarily, the mechanism for addressing the violation of a person’s rights is to award compensation to the aggrieved person or to make an order restoring the person to the position he or she would have been in but for the violation. The nonrenewal of the contract of a person who had violated a complainant’s rights may, of course, provide moral comfort to the complainant. However, the task of the Secretary General is to determine a response in relation to a grievance formally raised and established which remedies the effect of the proven violation of rights. The non-renewal of a contract, such as occurred in the present case, does not serve this purpose."
Reference(s)
ILOAT Judgment(s): 3071
Keywords:
advisory body; claim; compensation; contract; decision; executive head; harassment; injury; material injury; moral injury; non-renewal of contract; organisation's duties; procedural flaw;
Judgment 3086
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The European Patent Office paid the full amount of the costs occasioned by the complainant's move from Germany to France after he retired. The complainant emphasises that the removal firm did not do its work properly and caused him material injury. In his opinion, the EPO has incurred liability, particularly because it had urged him to place the move in the hands of that firm.
"[W]hen an international organisation defrays the removal expenses of an official or former official, it does not follow that it becomes a party to the contract between the person concerned and the removal firm. Neither of the parties to this private law contract acts on behalf of the organisation. For the latter, the contract is res inter alios. This is all the more understandable given that it has no means of ascertaining whether the contract has been performed satisfactorily or, if necessary, of establishing the damage resulting from faulty performance."
Keywords:
contract; liability; material injury; organisation; payment; procedural flaw; removal expenses; retirement;
Judgment 2861
107th Session, 2009
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 91 and 93
Extract:
"[T]he complainant seeks damages for the publication in the [Organization] monthly information bulletin that she had been separated from service, in the English version, and dismissed from service ('démise de ses fonctions') in the French version. The publication of this information was contrary to the Secretary-General's instructions but, even if published negligently, [the Organization] is liable for the damage occasioned to the complainant's reputation and dignity. In this regard, it was said in Judgment 2720 that 'international organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members' (see also Judgments 396, 1875, 2371 and 2475). It was also pointed out in Judgment 2720 that that obligation extends to former staff members."
"There will be an award of material and moral damages in relation to the publication [...]. However, account will be taken of the facts that the publication resulted from negligence, not malice, that it was speedily withdrawn and that the Secretary-General apologised to the complainant. In Judgment 2720 mentioned above the Tribunal held that, in the case of a continuing duty of an organisation to refrain from any type of conduct that may harm the reputation or dignity of its staff members, the Tribunal may order performance of that duty, including by ordering the publication of material to restore a person's reputation. The complainant seeks an order of that kind in the present case. However, the Tribunal is satisfied that her honour and reputation will be sufficiently vindicated by this judgment and by an award of damages."
Reference(s)
ILOAT Judgment(s): 396, 1875, 2371, 2475, 2720
Keywords:
compensation; damages; judgment of the tribunal; material injury; moral injury; negligence; organisation's duties; respect for dignity;
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 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;
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