Causal link (885,-666)

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Keywords: Causal link
Total judgments found: 6

• Judgment 4577

  
  135th Session, 2023
  World Tourism Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: Follow-up judgment for the determination of material damages and consequential orders.

  Consideration 7

  Extract:

  The next issue concerns taxes paid as a consequence of the complainant losing the benefit of tax exemption for her motor vehicle as an international civil servant employed by an international organisation. However, this loss, if it be a loss, was only remotely, and too remotely, connected with the complainant’s dismissal. This claim is rejected.

  Keywords:

  causal link; tax;
  

  Consideration 8

  Extract:

  The next head of material damages claimed, is the costs she has incurred in seeking to obtain the status of a legal resident in Spain where she owns a house and a car and has an established life. Before her dismissal she had the benefit of residency as a result of the Headquarters Agreement between the Kingdom of Spain and the World Tourism Organization. Again, however, this loss, if it be a loss, was only remotely, and too remotely, connected with the complainant’s dismissal. This claim is rejected.

  Keywords:

  causal link; material damages; residence permit;
  

  
  
  

• Judgment 4576

  
  135th Session, 2023
  World Tourism Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: Follow-up judgment for the determination of material damages and consequential orders.

  Consideration 7

  Extract:

  The final issue concerns taxes paid as a consequence of the complainant losing the benefit of tax exemption for his motor vehicle as an international civil servant employed by an international organisation. The submissions of both the complainant and UNWTO are a little obscure. UNWTO appears to suggest that the complainant would have had to pay the tax upon his retirement in any event. However, more fundamentally, this loss, if it be a loss, was only remotely, and too remotely, connected with the complainant’s dismissal.

  Keywords:

  causal link; tax;
  

  
  
  

• Judgment 4523

  
  134th Session, 2022
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to temporarily reassign him to another post following his allegations of harassment against his supervisor, as well as administrative measures taken in relation to his performance during his temporary reassignment.

  Consideration 7

  Extract:

  [T]he delay itself is not enough to award damages. The complainant bears the burden of proof and he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6). The Tribunal finds that the complainant has not articulated the adverse effects of the delay and supported them with evidence (see Judgments 4493, considerations 7-8, and 4487, consideration 14).

  Reference(s)

  ILOAT Judgment(s): 1942, 2471, 3778, 4487, 4493
  

  Keywords:

  burden of proof; causal link; delay;
  

  
  
  

• Judgment 4522

  
  134th Session, 2022
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to conduct an investigation into allegations of breach of confidentiality and the refusal to disclose two documents.

  Consideration 17

  Extract:

  The consistent case law of the Tribunal reiterates that with regard to damages, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6).

  Reference(s)

  ILOAT Judgment(s): 1942, 2471, 3778
  

  Keywords:

  causal link; damages;
  

  
  
  

• Judgment 3134

  
  113th Session, 2012
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  [I]t is not disputed that the Secretary of the Provident Scheme gave a positive oral response to the complainant's request and assured him that the transfer would be effected as soon as the agreement had been signed, and there is no doubt that in so doing the Secretary was acting in the exercise of his functions. The complainant could therefore assume in good faith that his rights would be transfered to the UNJSPF without his having to approach the Fund himself, in the manner provided for in Article 4 of the Agreement.
  The Provident Scheme did not, however, effect the expected transfer, as the letter [...] from its Secretary shows, nor does that letter explain why it had omitted to do so. It follows that the UPU has been negligent in this regard. It is clear that there is a sufficient causal link between its negligence and the injury suffered by the complainant, the amount of which remains to be determined.

  Keywords:

  causal link; injury; negligence;
  

  
  
  

• Judgment 2471

  
  99th Session, 2005
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  As the Tribunal has said on several occasions, the complainant must provide evidence of the injury suffered and of a causal link between the alleged unlawful acts and that injury.

  Keywords:

  causal link; evidence; injury;