Material injury (49,-666)

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Keywords: Material injury
Total judgments found: 69

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• Judgment 494

  
  48th Session, 1982
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 9-10

  Extract:

  "There is no indication in the dossier that if the proper procedure had been observed before termination the complainant would have made use of it to change her attitude; and she has in fact declined reinstatement. She has not therefore shown any financial loss that she would not have incurred anyway. "It may well be that, as she alleges, 'because of the abrupt manner in which she was terminated, there has been speculation that she was engaged in some wrong doing.' She is entitled to a sum sufficient to mark the fact that her dismissal was illegal."

  Keywords:

  flaw; lack of injury; material injury; moral injury; offer; procedural flaw; refusal; reinstatement; termination of employment; transfer;
  

  
  
  

• Judgment 388

  
  43rd Session, 1980
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  The Tribunal "will [...] take account [...] of the material and moral prejudice which the complainant suffered because of the extraordinary dilatoriness of the internal appeal proceedings: the [organization] took an inordinately long time to file its memoranda and reach its final decision and was therefore partly to blame for the delay."

  Keywords:

  administrative delay; internal appeal; material injury; moral injury; negligence; organisation;
  

  Consideration 9

  Extract:

  It is impossible, several years having elapsed, to determine the precise consequences of the organization's negligence. In view of the existing reservations, it is justified to award the complainant compensation ex aequo et bono. Because of the apparent reluctance of the complainant to seek employment outside the organization and the uncertainty of the effects of the organization's negligence, the Tribunal is inclined to award rather modest damages. But account must also be taken of the material and moral prejudice caused by the inordinately long internal appeal proceedings.

  Keywords:

  administrative delay; amount; injury; internal appeal; material injury; moral injury; negligence; organisation; procedure before the tribunal;
  

  
  
  

• Judgment 195

  
  29th Session, 1972
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant's appointment was not renewed because the government concerned did not favour his return to the regional office. There is evidence of strong and unjustifiable prejudice against the complainant. The organization failed in its duty to bring to the attention of the government concerned all relevant matters of the case. The complainant is awarded an indemnity of US $20,000 for moral and material damage.

  Keywords:

  bias; contract; damages; fixed-term; material injury; moral injury; non-renewal of contract; persona non grata;
  

  
  
  

• Judgment 127

  
  20th Session, 1968
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant's appointment was terminated and his post abolished. "[T]he organization has an obligation to the complainant because of the fact which was not taken into account, namely the intervention with the [national] authorities by the senior technical adviser, without good reason, in the exercise of his official duties. As a result, the complainant has suffered both material and moral injury [...] taking account of [...] in particular [...] the fact that the organization was in ignorance through no fault of its own, the organization should pay the complainant compensation".

  Keywords:

  abolition of post; consultation; contract; disregard of essential fact; fixed-term; injury; liability; material injury; member state; moral injury; organisation; termination of employment;
  

  
  
  

• Judgment 53

  
  9th Session, 1961
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "Damages to personal effects, in respect of which complainant makes a claim [...] arose out of and in the course of employment. Whether or not the claim for compensation was allowable under the organization's baggage insurance policy, the organization was directly liable for compensation."

  Keywords:

  compensation; injury; insurance; liability; material injury; organisation; organisation's duties; personal effects; service-incurred;
  

  
  
  

• Judgment 33

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The offer to pay the complainant compensation for the moral and material prejudice he suffered equivalent to six months' salary together with allowances has been maintained before the Tribunal; "the fact that the Director-General admitted the principle of granting compensation to the complainant in respect of the prejudice caused to him was such as to lead the complainant to file his complaint; [...] taking into account the particular circumstances of the case it appears justified that, as an exceptional measure, the complainant be granted compensation by way of participation in his costs."

  Keywords:

  acceptance; compensation; costs; exception; injury; material injury; moral injury; offer; organisation; settlement out of court; tribunal;
  

  
  
  

• Judgment 6

  
  1st Session, 1947
  International Institute of Intellectual Co-operation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "[I]nsofar as the request for revaluation of the franc is concerned, general principles do not allow the acceptance of this request as formulated, but it is uncontested that the delay in paying the sums to which the Complainant was certainly entitled has caused her definite and considerable prejudice[.] [I]n addition to the moral prejudice resulting from the anxiety and suffering to which she was exposed, [the complainant] had to provide for her needs [...] in more and more burdensome economic conditions; and she had, moreover, to provide for the defence of her rights with the reduced means at her disposal".

  Keywords:

  administrative delay; exchange rate; material injury; moral injury; payment; salary;
  

  
  
  

• Judgment 5

  
  1st Session, 1947
  International Institute of Intellectual Co-operation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The fact of being [wrongfully] dismissed for misconduct has had a highly prejudicial effect on the moral and social standing of the Complainant and has necessarily crippled his chances of finding other means of livelihood in an employment corresponding to his capabilities and his experience[.] [O]n this ground, the [organisation] must compensate the Complainant for an injury which is both material and moral in character".

  Keywords:

  material injury; moral injury; serious misconduct; termination of employment;
  

  
  
  

• Judgment 4

  
  1st Session, 1947
  International Institute of Intellectual Co-operation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "[T]he delay in paying the sums due, the extremely painful changes in economic conditions [during the war], and the need for [the complainant] to provide for his defence, justify, quite apart from any consideration relating to the changes in the purchasing power of the franc, the allocation of compensation under the heading of damages".

  Keywords:

  administrative delay; exchange rate; injury; material damages; material injury; payment; salary;
  

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