Lack of injury (47,-666)
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Keywords: Lack of injury
Total judgments found: 85
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Judgment 379
42nd Session, 1979
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant requests compensation for missing documents. The Tribunal, without deciding on the receivability of the complaint or whether the organisation was at fault, notes that the organisation "has not caused him any material or moral prejudice entitling him to compensation. In any event, therefore, the complaint must be dismissed."
Keywords:
complainant; disclosure of evidence; lack of injury; personal file; request by a party;
Judgment 370
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the present instance [...] it was so obvious that no internal appeal would lie that the intermediary can hardly be blamed for not letting the appeals body itself declare the appeal irreceivable. In any case it would be unduly formalistic to quash the impugned decision because of a flaw which had no effect whatever on the proceedings or on the outcome of the case."
Keywords:
flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; receivability of the complaint;
Judgment 284
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"A circular of this character does not, as do the Staff Regulations, form part of a staff member's terms of appointment and so as a general rule a departure from its provisions does not of itself give him any right to relief [...] If a circular prescribes a certain procedure to be followed, the Tribunal will consider, not necessarily whether the procedure has been exactly followed, but whether any departure from it has prejudiced the staff member in a way that affects his rights."
Keywords:
administrative instruction; consequence; injury; judicial review; lack of injury; procedure before the tribunal; terms of appointment;
Judgment 283
37th Session, 1976
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The letters which the complainant contends were not communicated to him do not constitute executive decisions which might cause him prejudice but simply interdepartmental minutes of an internal nature."
Keywords:
complainant; disclosure of evidence; lack of injury; request by a party;
Judgment 267
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant maintains that the circumstances of his dismissal damaged his reputation. "There is nothing dishonourable about having to retire at the normal age stipulated in the Staff Regulations. Moreover [...] the organization gave him a written testimonial thanking him for his services over the past twenty-two years, and that served to remove - assuming it were necessary - the prejudice he has alleged."
Keywords:
age limit; contract; enforcement; extension beyond retirement age; fixed-term; lack of injury; non-renewal of contract; refusal; retirement; staff regulations and rules;
Judgment 255
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision stipulates that the evaluation given in appraisal reports shall serve as the basis for assistance extended to a staff member to improve his services and for decisions concerning that staff member's status and maintenance in the organization. It is open to question whether this provision, having regard to these objects, applies at all in the case of a staff member who has retired. If it does, there could be no relief for a breach of it except by the payment of compensation. In the present case, the complainant could not suffer injury from a statement assessing his work during the final 11 months of his service.
Keywords:
complainant; enforcement; lack of injury; performance report; purpose; retirement; separation from service; work appraisal;
Judgment 254
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant contends that his supervisor failed to discuss his conclusions with him as required by the applicable provision. "Non-compliance with these requirements does not however ipso facto invalidate a report. In the present case it is clear from the facts in the dossier that discussion would have served no useful purpose."
Keywords:
flaw; lack of injury; organisation's duties; performance report; rebuttal; right to reply;
Judgment 250
34th Session, 1975
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The illness which the complainant suffered during his appointment with the organisation left no mark on him and it did not prevent him from resuming normal work in his national administration nor from obtaining high-level responsibilities. Since the organisation met all expenses incurred by reason of his illness, the complainant suffered no other prejudice thereby and cannot properly claim compensation for disability from which he does not in fact suffer.
Keywords:
consequence; health insurance; illness; invalidity; lack of injury; medical expenses;
Judgment 224
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Insofar as [the complainant] is claiming compensation on account of circumstances or actions of the [organisation] subsequent to [the date of expiry of his contract], he had at [that time] severed all his ties with [the organisation] and the dossier shows no trace of action by [the organisation] subsequent to [the material date] which might have arisen out of previous action or caused further injury to a former staff member who was no longer employed by [the organisation]."
Keywords:
cause of action; consequence; lack of injury; locus standi; no cause of action; separation from service; subsequent fact;
Judgment 208
30th Session, 1973
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The improprieties alleged by the complainant relate to posts put up for competition subsequently to his appointment, i.e. to procedures to which he was not a party. An official is not, however, entitled to complain of procedures in which he is not involved [...] In the present case the Tribunal is not called upon to consider the allegation of improprieties of procedure."
Keywords:
cause of action; competition; flaw; lack of injury; no cause of action; procedural flaw;
Consideration 3
Extract:
"The complainant may not [...] properly rely upon the failure to publish [recruitment] standards which apply to staff members recruited after his own appointment and which therefore do not directly concern him."
Keywords:
amendment to the rules; duty to inform; lack of injury; no cause of action; non-retroactivity; provision; receivability of the complaint; staff regulations and rules; terms of appointment;
Judgment 193
29th Session, 1972
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
None of the claims for compensation are sustainable "except as an element of damage flowing from some unlawful decision by the Director-General." In the present case, certain irregularities were committed and remedied; they were not of a character to invalidate the decision to transfer which the complainant did not contest at the time it was made. He also accepted a subsequent transfer. The complaint is dismissed.
Keywords:
acceptance; cause of action; flaw; lack of injury; no cause of action; purpose; transfer;
Judgment 189
28th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Whether the complainant did all that [could reasonably be expected of him] to comply with his obligations [under the rule respecting the submission of periodic reports in the event of illness] is open to doubt." The organization had offered to credit the complainant with four days' pay described as "special leave"; the complainant wanted "sick leave pay". The offer was sensible and reasonable and "the making of it left the claim without substance unless it could be said that some question of principle was involved. In the opinion of the Tribunal there is no such question."
Keywords:
cause of action; illness; lack of injury; no cause of action; offer; organisation; refusal; sick leave; special leave; staff member's duties;
Judgment 175
26th Session, 1971
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Appeals Committee, without giving any precise opinion on the points raised by complainant, merely proposed that he should be paid compensation, purely ex gratia. Consequently, although the chairman of the Advisory Committee on Compensation Claims which examined the case before the Director-General's first decision then sat as a member of the Appeals Committee, "this irregularity is not, in the circumstances of the case, such as to taint with illegality the Director-General's [...] decision."
Keywords:
advisory body; composition of the internal appeals body; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Headquarters appeals body found several irregularities in the procedure followed by the regional appeals body. These irregularities "do not affect the validity of the decision impugned which was taken by the Director-General on the completion of a regular form of procedure after exercising powers of investigation as broad as those of the Regional Director on the advice of a body which, like the Regional Board, had a joint composition.
Keywords:
field; flaw; internal appeal; internal appeals body; judicial review; lack of injury; procedure before the tribunal;
Judgment 149
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant deplores delays in the internal procedure. "The sanction for the violation of [the provision on internal appeals] is contained in that rule itself: an official who receives no reply to his complaint before the prescribed deadline is entitled to appeal [...] the complainant exercised that right and therefore suffered no injury." The material delays are no proof of prejudice.
Keywords:
administrative delay; flaw; internal appeal; lack of injury; procedure before the tribunal;
Judgment 145
23rd Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The sole basis of the complaint is the fact that "one of [the complainant's] superiors made a marginal note which the complainant considers insulting on a routing slip attached to his leave card. This marginal note does not constitute a decision and, since it was written on a purely internal document [...] concerned [the complainant] alone and was in no way made public, it was not of a nature to cause the complainant any damage entitling him to any kind of compensation."
Keywords:
cause of action; complaint; lack of injury; no cause of action;
Judgment 133
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant objects to the organization's failure to disclose certain documents until after the internal appeals procedure was under way. "It has not been established that either of these documents in any way influenced the decision to terminate the complainant's appointment. The alleged delay in producing them did not therefore constitute a violation of his right to be heard."
Keywords:
administrative delay; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; right to reply;
Judgment 118
19th Session, 1968
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The issue of a certificate containing a purely material error [involving a date], replaced by two regular certificates [one concerning employment and the other concerning the complainant's work] did not in any way prejudice the complainant's interest and therefore does not entitle him to compensation.
Keywords:
certificate of service; flaw; lack of injury;
Judgment 100
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
In transferring the complainant within the same service, "the Director-General was simply exercising his right under [the applicable provision] while at the same time conforming to the terms of the complainant's appointment. It appears from the evidence in the dossier that this decision was taken in the interests of the service, and that it was not accompanied by any reduction in salary, and that it in no way affected the statutory rights of the complainant." The decision is lawful and does not constitute a sanction.
Keywords:
judicial review; lack of injury; organisation's interest; transfer;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization transmitted to the complainant the findings of the internal appeals body, to the exclusion of its reasons. "As a result of the production of the full report during the present proceedings the complainant has been able to rely on it to submit any arguments which she considered suitable to support her claim. It follows that, while the right to be heard was ignored, at the administrative proceedings stage, this did not in fact affect the sense of the decision complained of and [...] does not involve the quashing of that decision."
Keywords:
case pending; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; procedural flaw; report; right to reply; tribunal;
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