Material damages (693, 665,-666)
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Keywords: Material damages
Total judgments found: 163
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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 3908
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish his post and terminate his appointment.
Consideration 21
Extract:
The complainant’s appointment, but for the abolition of his post, was due to expire on 13 March 2017. In those circumstances it is inappropriate to order the complainant’s reinstatement. Nonetheless he is entitled to moral and material damages for the ICC’s failure in its duty of care towards him to take adequate steps to find him a new position on the abolition of his existing position and unlawfully terminating his employment.
Keywords:
fixed-term; material damages; reinstatement;
Judgment 3907
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.
Consideration 29
Extract:
The Tribunal will award the complainant material damages in the amount of 220,000 euros, less the amount paid to her as a termination indemnity. The Tribunal has taken into account all of the circumstances of the case in determining this amount, including the duration of the complainant’s contract, the income she would have earned at the ICC, but has also taken into account the income she could have earned in other employment and the possibility that in due course her employment could have been terminated lawfully.
Keywords:
material damages;
Judgment 3871
124th Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges WHO’s refusal to reinstate him after the decision to dismiss him was set aside.
Consideration 15
Extract:
Having regard in particular to the nature and duration of the appointment which the complainant formerly held, the Tribunal will order WHO to reinstate him, as far as possible, as from 8 March 2010, the date on which his dismissal took effect, with all the legal consequences that this entails.
If, however, WHO considers, in view of its staff complement and the availability of budgetary funds, that reinstatement is impossible, it will have to pay the complainant damages for the material injury caused by his unlawful removal from his post.
Keywords:
material damages; reinstatement;
Judgment 3864
124th Session, 2017
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to exceptionally extend her contract.
Consideration 18
Extract:
The complainant has not sought to be reinstated, but she seeks material damages. The Tribunal determines that she is entitled to material damages for the loss of a valuable opportunity to have her contract extended and also to be compensated for the moral injury which the breach of the Commission’s rules caused her.
Keywords:
material damages;
Judgment 3861
124th Session, 2017
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal to grant her flexible working arrangements during the breastfeeding period.
Consideration 11
Extract:
In compensation for the financial injury which she suffered, the ICC will be ordered to pay the complainant the full remuneration which she would have received during her special leave [...].
Keywords:
material damages;
Judgment 3845
124th Session, 2017
African, Caribbean and Pacific Group of States
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment at the end of his probationary period.
Consideration 10
Extract:
The complainant having withdrawn his claim for reinstatement, it suffices for the Tribunal to order compensation for the material damage and moral injury that he has suffered.
Having regard especially to the complainant’s age, his qualifications, his experience and the length of time that he spent in the ACP Group’s service, it is reasonable to award him damages under all heads equivalent to the salary and benefits that he would have received in the 24 months from [...] the date on which he left the organisation, less his professional earnings from other sources over that period. The ACP Group must also pay the complainant the equivalent of the employer’s and employee’s contributions that would have been due to the Provident Fund if his employment had continued during that same period.
Keywords:
material damages; moral injury; reinstatement;
Judgment 3843
124th Session, 2017
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his contract at the end of his probationary period.
Consideration 10
Extract:
The claim that the complainant suffered financial damage because of the abrupt termination of his five-year contract is unfounded. As the termination of the complainant’s contract was lawful, he has no right to claim compensation for any financial damage stemming from that decision.
Keywords:
material damages;
Judgment 3756
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former WHO staff member, challenges the decision to abolish his post and terminate his fixed-term appointment.
Consideration 14
Extract:
Having regard, amongst other things, to the complainant’s age, grade and the status of his employment (fixed-term appointment) and the circumstances giving rise to the flaw in the process identified in the reasoning of the Tribunal, the Tribunal will award material damages [...].
Keywords:
material damages;
Judgment 3755
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his continuing appointment owing to the abolition of his position.
Consideration 20
Extract:
[T]he impugned decision has caused the complainant not only [...] moral injury […] but also material injury due to the loss of opportunity resulting from the shortcomings in the efforts to reassign him.
Keywords:
material damages;
Judgment 3754
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former WHO staff member, challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.
Consideration 21
Extract:
The complainant lost the opportunity of maintaining continuing employment and, in this respect, is entitled to material damages. Having regard, amongst other things, to the complainant’s age, grade and the status of his employment (continuing appointment) and the circumstances giving rise to the flaw in the process identified in the reasoning of the Tribunal, the Tribunal will award material damages [...].
Keywords:
material damages;
Judgment 3753
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former WHO staff member, contests the decision to terminate his fixed-term appointment pursuant to the abolition of his post.
Consideration 17
Extract:
Having regard, amongst other things, to the complainant’s age, grade and the status of his employment (fixed-term appointment) and the circumstances giving rise to the flaw in the process identified in the reasoning of the Tribunal, the Tribunal will award material damages [...].
Keywords:
material damages;
Consideration 15
Extract:
The Tribunal concludes that the manipulation of the position description and the selection process denied the complainant a fair and reasonable opportunity to obtain an appointment to a new position as part of the restructuring process though the Tribunal acknowledges that there was no certainty he would have been appointed to a post […]. Nonetheless he is entitled to significant material damages.
Keywords:
material damages;
Judgment 3752
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former WHO staff member, challenges the decisions to abolish his post and to terminate his continuing appointment.
Consideration 17
Extract:
Having regard, amongst other things, to the complainant’s age, grade and the status of his employment (continuing appointment) and the circumstances giving rise to the flaw in the process identified in the reasoning of the Tribunal, the Tribunal will award material damages [...].
Keywords:
material damages;
Judgment 3726
123rd Session, 2017
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her claim for compensation on account of labour exploitation and compulsory labour.
Consideration 20
Extract:
[The Tribunal] can grant damages if it is not disputed that the complainant performed work beyond her current grade (see, for example, Judgment 3284, considerations 14 and 17). The Tribunal therefore determines that the complainant is entitled to material damages for the tasks that she performed above her G.5 grade, and that she is entitled to moral damages for the prejudice that she suffered by IOM’s breach.
Reference(s)
ILOAT Judgment(s): 3284
Keywords:
grade; material damages; moral injury; order; post classification; reclassification; retroactivity;
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 3636
122nd Session, 2016
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for execution of Judgment 3282.
Consideration 3
Extract:
The Tribunal did not order the complainant’s reinstatement in Judgment 3282, nor did it order ESO to grant him a “notional reinstatement”, i.e. to pay the amounts the complainant would have earned if he had had his contract renewed. As the Tribunal did not order his reinstatement, his contract expired on 31 December 2011. As noted above, the Tribunal limited the award of compensation to “material damages in the amount equivalent to two years’ salary, including all benefits, entitlements and emoluments plus interest at a rate of 5 per cent per annum, less any amounts he has earned in that period”. Had it been its intent, the Tribunal would have specifically awarded payment of the amount equivalent to the contributions for the complainant’s pension and Health Insurance and Long Term Care Schemes. See, for example, Judgment 2621, consideration 5[.] Moreover, considering that access to the CERN Pension Fund requires a staff member to have a valid contract of employment, and that as of 1 January 2012 the complainant no longer had that status, it follows that he was not entitled to any contributions to the Pension Fund after the end of his contract on 31 December 2011.
Reference(s)
ILOAT Judgment(s): 2621, 3282
Keywords:
application for execution; material damages;
Judgment 3635
122nd Session, 2016
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants have filed applications for execution of Judgment 3238.
Consideration 6
Extract:
It is clear from the wording of that consideration [...] that the sums equivalent to the various social contributions listed therein were to be paid directly to the complainants, and not to the institutions which normally receive such contributions. Indeed, this is the approach usually taken by the Tribunal where, as in the present case, staff members whose dismissal has been set aside are not reinstated in the employer organisation, because the social contributions that are due to such institutions by virtue of an employment relationship are devoid of any basis once this relationship ends.
Keywords:
application for execution; material damages; social benefits;
Consideration 13
Extract:
In the rejoinder, one of the complainants [...] requested the reimbursement of the excess baggage charges incurred during the home leave defrayed by the CDE. As there is no evidence on the file supporting this claim, the Tribunal will dismiss it.
Keywords:
burden of proof; material damages;
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;
Considerations 11-12
Extract:
[T]he decision not to renew [the complainant's] contract was taken in violation of the principle of equality.
The complainant is not entitled to reinstatement or material damages on the basis that her contract should have been renewed, as a fixed-term contract carries no right to renewal.
Keywords:
equity; material damages; non-renewal of contract; reinstatement;
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 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;
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