Lack of injury (47,-666)
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Keywords: Lack of injury
Total judgments found: 85
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Judgment 1435
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant wants the Tribunal to set aside the appointment of an internal candidate to a post he applied for and challenges the promotion of that candidate. "The complainant has not on any grounds challenged that promotion by way of an internal appeal and he has therefore failed to exhaust the internal remedies available to him. What is more, he has failed to show that he was adversely affected by the promotion. So the Tribunal will not in the context of this application determine whether or not the promotion was valid."
Keywords:
absence of final decision; cause of action; claim; internal appeal; internal remedies exhausted; lack of injury; receivability of the complaint;
Judgment 1430
79th Session, 1995
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
Since the complainant did not meet the requirements laid down in the vacancy notice, the decision not to select him "has caused him no injury".
Keywords:
cause of action; claim; competition; condition; lack of injury; receivability of the complaint; vacancy notice;
Judgment 1423
79th Session, 1995
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Since the complainant's grade is P.2 he "has no locus standi in challenging any new salary scales applicable to the general service category of staff. Because he belongs to another category of staff the revision of those scales cannot cause him injury."
Keywords:
cause of action; claim; complainant; general service category; injury; lack of injury; professional category; receivability of the complaint; salary; scale;
Judgment 1380
78th Session, 1995
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant "did not suffer any injury which hampered her career and is therefore not entitled to any award of damages. The mere fact that a decision was initially flawed does not suffice to warrant awarding her damages for moral injury. The flaw was [later] corrected [...] to be entitled to moral damages she must show that she has suffered more severe injury than that which an improper decision ordinarily causes."
Keywords:
burden of proof; criteria; damages; decision; evidence; flaw; formal flaw; lack of evidence; lack of injury; moral injury; professional injury;
Judgment 1371
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's "appraisal reports contain adverse comment by his supervisors, especially on his lack of initiative, and there is no evidence before the Tribunal to suggest that their views were not honestly held or were prejudiced. He was given a proper opportunity to comment on those views and his comments form part of the reports. In the circumstances the Tribunal disallows his application for the removal of them from his personal file."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
bias; good faith; lack of injury; performance report; personal file; right to reply; supervisor; unsatisfactory service; work appraisal;
Judgment 1370
77th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant changed categories. "[T]he fall in the complainant's earnings is due to factors which are beyond the Union's control inasmuch as they derive from the [United Nations] common system. The ITU was under no duty to reverse a decision which the complainant had consented to and which, until 1991 at any rate, was to his financial advantage."
Keywords:
acceptance; amount; cause; coordinated organisations; decision; difference; lack of injury; organisation's duties; salary;
Judgment 1358
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organisation brought in reforms which involved "reassignment of staff together with their posts in the context of a new structure but without the creation of any new posts. The reforms may have altered the position of some in the hierarchy and their duties but, being brought about by transfer of their posts, did not affect their status under the Staff Regulations."
Keywords:
amendment to the rules; assignment; lack of injury; organisation's interest; post description; staff regulations and rules; transfer;
Judgment 1352
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainant chose not to make comments on [his probationary] report and in any case, instead of being dismissed, was given another two-and-a-half months in which he might have shown his mettle. The Tribunal concludes that in the circumstances he suffered no actual injury".
Keywords:
extension of contract; lack of injury; probation report; probationary period; report; termination of employment;
Consideration 15
Extract:
The complainant, who was dismissed at the end of probation, alleges that his supervisor's recommendation for extension of his probation was an abuse of authority "because it was not based on any adverse comment". The Tribunal holds that "he clearly thought that the complainant had not proved himself and required more time. His recommendation was no abuse of authority."
Keywords:
abuse of power; extension of contract; lack of injury; misuse of authority; probationary period; supervisor; termination of employment;
Judgment 1346
77th Session, 1994
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Before suspending an official "there is no question [...] of letting the official have all the written evidence on which the charges against him are to rest. All that need be said here is that the complainant was given clear and accurate information about the disciplinary action his behaviour was deemed to warrant. The conclusion is that there was no breach of due process."
Keywords:
disciplinary procedure; lack of injury; organisation's interest; right to reply; staff regulations and rules;
Judgment 1343
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant was transferred to a new post. He alleges that the transfer was unlawful, his new duties being at a lower level than those he had formally discharged. "Whether the post is 'commensurate' with his former post and grade depends on an objective test, namely the level of his duties. He has failed to satisfy the Tribunal that their level is not in keeping with his grade, which was the same after as before transfer."
Keywords:
amendment to the rules; criteria; grade; lack of injury; post; post description; transfer;
Judgment 1314
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, who got assurances from the ILO that it was not going to fill a post in which he was interested, alleges on the basis of a list of staff movements that the organization had filled the post without holding an internal competition. It turns out that the list contained an error, of which the ILO failed to give the complainant notice, and the post had not been filled. The Tribunal holds that he did not suffer any injury on account of the alleged decision he impugns, but holds that the ILO left the matter uncertain for several months. There being no decision for the Tribunal to quash, his claims fail save the one to an award of costs.
Keywords:
absence of final decision; costs; duty to inform; internal competition; lack of injury; organisation's duties; post;
Judgment 1233
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant objects to UNESCO's holding up her dismissal indemnity and to the slowness of the compensation procedure, for which she claims damages. "The evidence does reveal unfortunate delay and remarkable dilatoriness in settling the case. But the organization may not be held liable for any particular negligence warranting an award of special damages under this head. The delay in sorting out the various issues of the case was due to a combination of several factors: procedural complications, the changing nature of the complainant's health, her living far from headquarters, and the need - for her own sake too - for many medical inquiries."
Keywords:
administrative delay; allowance; delay; lack of injury; misconduct; refusal; request by a party; terminal entitlements;
Judgment 1220
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant is challenging a decision whereby another official, he alleges, was wrongfully granted or allowed to keep financial and other benefits. The complainant was no longer in the WHO's employ when the impugned decision was taken. "As the Tribunal held in Judgment 732 [...], a complaint 'would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury'; and again, in Judgment 764 [...] 'a decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury'. the complainant having suffered no injury and being therefore unable to show any cause of action, his application is irreceivable and must fail."
Reference(s)
ILOAT Judgment(s): 732, 764
Keywords:
application for execution; case law; cause; cause of action; complaint; injury; lack of injury; receivability of the complaint; status of complainant;
Judgment 1204
74th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainants were refused the grant of a promotion. The impugned decisions are set aside and the complainants sent back to CERN for proper determination of their entitlement to promotion. They are claiming awards of damages. But "they fail to show any particular injury. If they get promotion, that, and the financial consequences, will afford them sufficient redress. If they are not promoted they will not have suffered any injury unless the new decisions are again unlawful. For the time being there is no actual injury and they have no right to compensation."
Keywords:
allowance; compensation; injury; lack of injury; promotion; refusal; vexatious complaint;
Judgment 1144
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-6
Extract:
The complainant, who has objections to his performance report, contends that the EPO's reporting system does not treat all officials on the same basis inasmuch as one group of officials may complete a shortened report and because the system is in breach of Article 6 of the European Convention on Human Rights, which says that everyone shall be entitled to a fair hearing by an independent and impartial tribunal. But the Tribunal considers that "the complainant has not shown that he himself has been adversely affected because staff who belong to another category have [the aforementioned] option." Moreover, "the Convention puts obligations on signatory States, and it is not apparent that it is applicable [...]. At all events, even supposing that the Convention as such was applicable, the Tribunal's answer to the plea would be that the principles underlying Article 6 are fully recognised in the Service Regulations".
Keywords:
enforcement; equal treatment; international instrument; lack of injury; performance report; rating; right to reply;
Judgment 1141
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 20-21
Extract:
The complainant failed to file a rejoinder in the time limit set by the Registry but applied for an extension of the time limit on the grounds of communication difficulties. "The Tribunal cannot allow that application, which reached it when it was already in session. There is no detriment to the complainant's rights on that account since the pleadings the Tribunal has before it afford an adequate account of the material facts and the parties' arguments."
Keywords:
closure of written proceedings; delay; lack of injury; rejoinder; time limit;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's appointment was terminated after probation. She objects to the administration's making out a supplementary probation report on her and extending - without so advising her - the period she was to spend on probation in breach of the Regulations. The pleas fail. "The probation report required by Article 36(2) [of the Staff Regulations] need not be a single document but may comprise several, even if they are made out at different dates." As to the length of her probation, it was the complainant herself who asked for the extension and it was not, in the circumstances, to her detriment.
Reference(s)
Organization rules reference: ARTICLE 36(2) OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
extension of contract; formal requirements; lack of injury; period; probation report; probationary period; termination of employment; unsatisfactory service;
Consideration 14
Extract:
"There is no requirement in the Rules that [the report of an advisory body] should be communicated to the official before the Director General takes his decision. In any event the complainant has had the opportunity of addressing the contents of the report in her pleadings to the Tribunal."
Keywords:
advisory body; advisory opinion; disclosure of evidence; lack of injury; report; right to reply; tribunal;
Judgment 1116
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant submits that the decision not to renew his appointment was tainted with breach of his right of defence since he failed to get a copy of a report concerning him by the Joint Disciplinary Committee. The Tribunal observes that such reports are confidential under Rule 110.2(e). "Besides, the report is immaterial, even in the present context, because the Committee recommended no disciplinary action and the stated reasons for termination were financial stringency and abolition of post."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 110.2(E)
Keywords:
abolition of post; advisory body; budgetary reasons; confidential evidence; contract; disclosure of evidence; fixed-term; lack of injury; non-renewal of contract; report; right to reply;
Judgment 1084
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A right will be acquired when he who has it may expect it to be respected notwithstanding any amendment of written rules. One instance is where the right arises under a clause of the contract that the parties intend should be inviolate. Not all contractual rights are acquired rights: the parties must have expressly or by implication precluded the possibility of impairing them." Inasmuch as the change in the complainant's title made no difference to the level of his duties and responsibilities, to the nature of his work or his salary, the Tribunal found no breach of an acquired right. He therefore sustained no appreciable injury.
Keywords:
acquired right; amendment to the rules; contract; definition; lack of injury; title of post;
Judgment 1035
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's permanent post was abolished and he was appointed to a temporary one for a period of two years. Any post, whatever its duration or source of funding, may be abolished because of a change of programme. Besides, the organisation had assured him that his post description, status and conditions of service would be the same as before. Under the circumstances the Tribunal finds that the decision has neither infringed his contractual rights nor otherwise affected him adversely.
Keywords:
abolition of post; budgetary reasons; contract; fixed-term; lack of injury; permanent appointment; post; terms of appointment; transfer;
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