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Material injury (49,-666)
You searched for:
Keywords: Material injury
Total judgments found: 69
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Judgment 4687
136th Session, 2023
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment after she refused two reassignments.
Consideration 10
Extract:
[I]t must be accepted that the complainant did lose the opportunity to remain in employment with WHO by virtue of her unlawful termination. For this she is entitled to a lump sum equivalent to the amount of nine times her last monthly salary, as indicated in her last payslip, without any statutory deductions.
Keywords:
material injury; termination of employment;
Judgment 4670
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the restitution of amounts wrongly deducted from her salary in respect of sickness insurance contributions.
Considerations 17-18
Extract:
[I]nterpol was negligent in several respects: firstly, it did not take the necessary measures to ensure that it kept itself informed of changes to the French Social Security Code, such as that resulting in this case from the partial review of Article L. 131-9 of that Code by the Constitutional Council; secondly, it was unaware of the possibility of obtaining a retroactive refund of the unduly paid contributions provided for by Article L. 243-6 of the same Code; and, thirdly, even when it approached URSSAF and the host State’s authorities in 2019 with a view to obtaining a refund of the amounts deducted from its officials’ salaries in respect of the ESC, it failed to include in its requests the amounts corresponding to the sums deducted for the 2009-2012 period.
Having regard to the legal uncertainty referred to [...], which only the French authorities and courts could resolve, the Tribunal considers that the complainant was denied a valuable opportunity to receive a refund of the amounts of ESC deducted from her salary for the 2009-2012 period owing to Interpol’s negligence. In the circumstances of the case, the injury resulting from this loss of opportunity will be fairly redressed by ordering the Organization to pay the complainant compensation in an amount equivalent to half of the sums deducted from her salary for that period.
Keywords:
loss of opportunity; material injury; negligence;
Judgment 4668
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the restitution of amounts wrongly deducted from his salary in respect of sickness insurance contributions.
Considerations 15-16
Extract:
[I]nterpol was negligent in several respects: firstly, it did not take the necessary measures to ensure that it kept itself informed of changes to the French Social Security Code, such as that resulting in this case from the partial review of Article L. 131-9 of that Code by the Constitutional Council; secondly, it was unaware of the possibility of obtaining a retroactive refund of the unduly paid contributions provided for by Article L. 243-6 of the same Code; and, thirdly, even when it approached URSSAF and the host State’s authorities in 2019 with a view to obtaining a refund of the amounts deducted from its officials’ salaries in respect of the ESC, it failed to include in its requests the amounts corresponding to the sums deducted for the 2009-2012 period.
Having regard to the legal uncertainty referred to [...], which only the French authorities and courts could resolve, the Tribunal considers that the complainant was denied a valuable opportunity to receive a refund of the amounts of ESC deducted from his salary for the 2009-2012 period owing to Interpol’s negligence. In the circumstances of the case, the injury resulting from this loss of opportunity will be fairly redressed by ordering the Organization to pay the complainant compensation in an amount equivalent to half of the sums deducted from his salary for that period.
Keywords:
loss of opportunity; material injury; negligence;
Judgment 4667
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants seek the restitution of amounts wrongly deducted from their salaries in respect of sickness insurance contributions.
Considerations 16-17
Extract:
[...] Interpol was negligent in several respects: firstly, it did not take the necessary measures to ensure that it kept itself informed of changes to the French Social Security Code, such as that resulting in this case from the partial review of Article L. 131-9 of that Code by the Constitutional Council; secondly, it was unaware of the possibility of obtaining a retroactive refund of the unduly paid contributions provided for by Article L. 243-6 of the same Code; and, thirdly, even when it approached URSSAF and the host State’s authorities in 2019 with a view to obtaining a refund of the amounts deducted from its officials’ salaries in respect of the ESC, it failed to include in its requests the amounts corresponding to the sums deducted for the 2009-2012 period.
Having regard to the legal uncertainty referred to above, which only the French authorities and courts could resolve, the Tribunal considers that the complainants were denied a valuable opportunity to receive a refund of the amounts of ESC deducted from their salaries for the 2009-2012 period owing to Interpol’s negligence. In the circumstances of the case, the injury resulting from this loss of opportunity will be fairly redressed by ordering the Organization to pay each of the complainants compensation in an amount equivalent to half of the sums deducted from their salaries for that period.
Keywords:
loss of opportunity; material injury; negligence;
Judgment 4660
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Secretary General’s decision to dismiss him summarily without indemnities on disciplinary grounds.
Consideration 22
Extract:
[T]he Tribunal considers that all the injuries suffered by the complainant may be fairly redressed by awarding him a sum equivalent to three years’ remuneration, which will be calculated on the basis of the net salary and allowances of any kind which the complainant was receiving at the time of his departure from the Organization, without deducting from this sum any earnings which he may have received since then.
As this lump sum must be regarded as compensating the entire material injury suffered by the complainant, there is no need to add to it the amount of the pension contributions relating to the remuneration in question or to pay interest for late payment thereon.
Keywords:
allowance; lump-sum; material injury;
Judgment 4622
135th Session, 2023
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment for reasons of health.
Consideration 16
Extract:
[T]he complainant was denied a valuable opportunity to retain her employment with the ILO at least on a temporary basis as a result of the flaws in the termination of her appointment, and she is therefore entitled to compensation for the material injury caused.
Having regard, in particular, to the complainant’s age at the time of the termination of her appointment, which was only 43, and to the fact that she had held an appointment without limit of time since 2008, the Tribunal considers that, in the present case, this injury will be fairly redressed by ordering the ILO to pay the complainant, in addition to the sums already awarded to her on termination of her appointment, the equivalent of the salary and allowances of all kinds which she would have received if her appointment had continued beyond 31 May 2018 for two years, net of any income from employment that she may have received during this period. The Organization must also pay her the equivalent of the pension contributions that it would ordinarily have had to pay to the United Nations Joint Staff Pension Fund as her employer for the same period. All these amounts shall bear interest at the rate of 5 per cent per annum as from the respective dates on which they fell due until the date of their payment.
Keywords:
loss of opportunity; material injury;
Judgment 4540
134th Session, 2022
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her dismissal as a result of disciplinary proceedings.
Consideration 13
Extract:
The complainant seeks reinstatement. In all the circumstances and particularly having regard to the three matters referred to in the preceding consideration and notably the third, it is more likely than not that the complainant will not establish a satisfactory working relationship with her colleagues and supervisors in PAHO (see Judgment 4310, consideration 13), if reinstated. Nonetheless, the complainant has lost a valuable opportunity to continue in employment with PAHO and it cannot be assumed there is no prospect at all, of her entirely abandoning her confrontational, rude and disagreeable behaviour. She is entitled to material damages for this loss […].
Reference(s)
ILOAT Judgment(s): 4310
Keywords:
loss of opportunity; material injury; reinstatement;
Judgment 4490
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of damages awarded for the unlawful decision not to renew her fixed-term contract as a Principal Director and to reinstate her in a lower-level post instead.
Considerations 10-12
Extract:
The Appeals Committee was correct in approaching the assessment of damages for the unlawful non-renewal decision as ultimately requiring an assessment of what were the prospects that the contract would, at its expiry, be renewed by lawful decision in any event and, viewed from that perspective, assessing the financial consequences to the complainant in losing the opportunity to have the contract renewed (see, for example, Judgments 2867, consideration 18, 4062, consideration 17, and 4170, consideration 15). […]
If a decision is made not to renew a fixed-term contract but the decision was unlawful then an assessment must be made of lost future income with the organisation (adjusted and offset by any future income from other employment) which will involve an assessment of what the prospects were of the contract being renewed and its duration.
However, the position would, at least in a case such as the present, be no different in substance if the complainant’s grievance had initially been and had remained an allegation of constructive dismissal. In a case of unlawful dismissal, if reinstatement is not ordered (in this case not sought), then the material damages are the lost future income in the position with the organisation adjusted by an assessment of whether the staff member would have remained in that position and, if not, also adjusted by future income from other employment (see Judgment 4234, consideration 10). This assessment can also be approached compendiously by assessing the value of the lost opportunity to remain in employment (see, for example, Judgment 4305, consideration 14).
Reference(s)
ILOAT Judgment(s): 2867, 4062, 4170, 4234, 4305
Keywords:
constructive dismissal; loss of opportunity; material injury; non-renewal of contract;
Judgment 4481
133rd Session, 2022
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend her appointment at the end of her period of probation.
Consideration 14
Extract:
The complainant is […] entitled to material damages for the loss of an opportunity to have her appointment confirmed and contract extended. For this she will be awarded 5,000 United States dollars.
Keywords:
loss of opportunity; material injury;
Judgment 4457
133rd Session, 2022
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss him.
Consideration 26
Extract:
As regards material injury, the Tribunal observes that, from November 2016, the complainant was deprived of the remuneration he would ordinarily have received until the end of the contract in force at the time of his summary dismissal, which expired on 31 December 2017, and that he also lost a valuable opportunity to have his appointment subsequently renewed, given that his 26 years’ seniority with UNESCO meant that he could arguably have been expected to continue his career there until he retired.
Keywords:
material injury; summary dismissal;
Judgment 4456
133rd Session, 2022
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss her for misconduct.
Consideration 20
Extract:
In its pleas, UNWTO did not come to grips with any of the specifics of the complainant’s claims for material damages. The amounts are potentially significant. It is desirable the Tribunal has the benefit of as full an account from the complainant as possible of the amounts claimed and their justification, and submissions from the Organization responding, in detail, to each element of the claim for material damages and the quantification of the amount claimed. An order will be made to facilitate this process.
Keywords:
material injury; summary dismissal;
Judgment 4452
133rd Session, 2022
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decisions to suspend him with pay and then without pay during the disciplinary procedure for misconduct as well as the appointment of a colleague to what he describes as his “job and functions”.
Consideration 15
Extract:
The complainant would, in the ordinary course, be entitled to material damages being the income he would have received from the date of suspension without pay until the date of his dismissal, if lawful.
Keywords:
material injury; suspension without pay;
Judgment 4447
133rd Session, 2022
International Olive Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the withdrawal of some of her functions, arguing that such removal amounted to de facto demotion.
Consideration 15
Extract:
The complainant’s claim for material damages may only be realized if she prevails on her substantive pleas […]. Inasmuch as the present complaint succeeds on procedural grounds and the case will be remitted to the IOC, her claim for material damages remains in abeyance.
Keywords:
case sent back to organisation; material injury; procedural flaw;
Judgment 4415
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to impose upon him the disciplinary measure of dismissal for misconduct.
Consideration 16
Extract:
Because of his dismissal, [the complainant] lost the opportunity at a young age to continue in employment with the EPO or to end his employment more favourably to him, including by obtaining an invalidity pension. Accordingly, material damages for this lost opportunity are assessed in the sum of 80,000 euros.
Keywords:
material injury;
Judgment 4411
132nd Session, 2021
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment as a result of the abolition of her post.
Consideration 23
Extract:
Regarding the complainant’s request for the payment of the remaining 37 days of her unused annual leave, as the Appeals Committee correctly noted, it was due to the unlawful termination of her appointment that the complainant could not use those days of leave prior to the expiry of her appointment. In these circumstances, the complainant is entitled to be paid the remaining 37 days of leave.
Keywords:
abolition of post; annual leave; leave; material injury; termination of employment;
Consideration 18
Extract:
The complainant, who had reached the mandatory retirement age when she filed her complaint, does not seek reinstatement. However, she will be awarded material damages in an amount equal to the salary and allowances that she would have received, but for the unlawful termination of her appointment, for the remaining 16 months of her fixed-term contract. No deductions shall be made for health insurance contributions, as the complainant was not covered by the Organization’s health insurance scheme during that period. Equally, no deductions shall be made for the official’s contributions to the UNJSPF. These material damages shall also include an amount corresponding to the pension contributions that the Organization would have made on the complainant’s behalf had she continued to participate in the UNJSPF for the remaining 16 months of her contract. The complainant must give credit for any income from other employment during that period.
Keywords:
material injury;
Judgment 4405
132nd Session, 2021
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 10
Extract:
[T]he complainant is entitled to compensation for the material injury caused to her by the [...] decisions set aside by the Tribunal. She will therefore be awarded, under this head, a lump sum calculated on the basis of her gross salary and the allowances which she would have received until her death, during the term of her contract, on 28 October 2019 and the sum of the contributions which the Court would have paid, in the same period, to the United Nations Joint Staff Pension Fund, less the amount of any indemnities the complainant received on the termination of her appointment.
In the light of the evidence, the Tribunal considers that the material injury suffered by the complainant will be fairly redressed by setting the amount of this lump sum at 160,000 euros.
Keywords:
death; material injury;
Judgment 4399
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer him from a manager position to a non-managerial post.
Consideration 13
Extract:
As the complainant has not established that his unlawful transfer caused him material injury, he will not be awarded compensation for the loss of career opportunities which he seeks.
Keywords:
loss of opportunity; material injury;
Judgment 4305
130th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment due to the abolition of his post and the failure to reassign him to another suitable vacant position.
Consideration 14
Extract:
There was a flaw in the reassignment process and the complainant lost a valuable opportunity to secure another position within UNAIDS and thus lost the opportunity of maintaining continuing employment (see, for example, Judgement 3754, consideration 21). It is inappropriate, in the circumstances, to make an order reinstating the complainant. The complainant seeks, by way of monetary relief, lost salary and moral damages. He is entitled to material damages for the lost opportunity [...].
Reference(s)
ILOAT Judgment(s): 3754
Keywords:
loss of opportunity; material injury;
Judgment 4249
129th Session, 2020
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the implementation of the 2013 comprehensive local salary survey for New Delhi, India.
Judgment keywords
Keywords:
complaint dismissed; general service category; material injury; salary;
Judgment 4232
129th Session, 2020
International Office of Epizootics
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to stop paying his salary while he was on sick leave.
Consideration 8
Extract:
The Tribunal considers that the material injury suffered by the complainant shall be fairly redressed by ordering the OIE to pay him the equivalent of the salary and various indemnities which he would have received if he had been in service from 19 July 2015 until his dismissal on 1 October 2015, net of any substitute income received during that period. The Organisation will also be required to pay him the equivalent of the pension contributions that it would have had to pay for him during the same period. All these amounts shall bear interest at the rate of 5 per cent per annum as from the date on which they fell due until the date of their payment, but an order for the payment of compound interest is not warranted.
Keywords:
material injury;
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