Amount (122,-666)
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Keywords: Amount
Total judgments found: 111
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Judgment 706
57th Session, 1985
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant is also entitled to interest at 10 per cent a year on the sums due under this judgment from 3 May 1984, the date on which he asked UNESCO to execute Judgment 607 and from which there was a demand to pay."
Reference(s)
ILOAT Judgment(s): 607
Keywords:
amount; application for execution; date; execution of judgment; formal demand for payment; interest on damages; judgment of the tribunal; payment; penalty for delay;
Judgment 702
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The Tribunal assesses the period of the notice which PAHO ought to have given as twelve months, that is, one month for every year or fraction of a year of service. This is the measure prescribed by Uruguayan labour law and it is also one which is employed in a number of other countries."
Keywords:
amount; contract; domestic law; enforcement; non-renewal of contract; notice; short-term;
Judgment 701
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
See Judgment 702, consideration 12.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
amount; contract; domestic law; enforcement; non-renewal of contract; notice; short-term;
Judgment 666
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"As the Tribunal has consistently held, an allowance may form an essential part of the official's contract in that he considered it to be of decisive importance when he accepted employment, and its abolition would therefore constitute breach of an acquired right; but he has no acquired right to the actual amount of the allowance or to continuance of any particular method of reckoning it. Indeed he must expect these to change as circumstances change."
Keywords:
acquired right; allowance; amendment to the rules; amount; case law; discontinuance; education expenses; reckoning;
Judgment 643
54th Session, 1984
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Tribunal had ordered the organisation to pay as compensation a sum equal to "three times the total gross remuneration" paid in respect of a particular time period. "The Tribunal does not accept the organisation's argument that overtime is not part of the total gross remuneration; accordingly the deduction in respect of this item is unjustified."
Reference(s)
ILOAT Judgment(s): 507
Keywords:
amount; application for interpretation; gross salary; interpretation; judgment of the tribunal; material damages; overtime;
Judgment 628
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The decision not to renew the complainant's contract suffers from no procedural defects. The organisation concedes that the complainant's case was mishandled. The chairwoman of the staff union made a strong protest against the treatment of the complainant. The organisation acknowledged that the complainant had been put to unnecessary hardship and it offered him an indemnity equal to six months salary. The complainant claims 20,000 dollars as material compensation for moral damages and grave defamation of character. "This is quite disproportionate to the damage suffered by him. [...] The ILO's offer is fair, and a sum equivalent to six months' salary and family allowance [...] is reasonable compensation."
Keywords:
amount; contract; fixed-term; material damages; moral injury; non-renewal of contract;
Judgment 569
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant contends that the injured party should not have to bear the risk of an erroneous assumption which diminishes the amount of compensation and the Tribunal should arrive at a reasonable amount which will place the complainant in the position he would have been in if he had not been wrongfully dismissed. "This is certainly the general objective in the assessment of compensation for wrongful dismissal. But it does not mean that all assumptions are to be made in favour of the injured party so as to avoid the risk that he may suffer from an erroneous assessment."
Keywords:
amount; reckoning; termination of employment;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainants say that as a result of collective bargaining a salary study is made annually and followed by a general improvement in the salary levels. They do not, however, allege that there is any contractual obligation on the organisation to increase salaries in this way. The organisation agrees that, if any improvement is made, it must be paid to all, including the complainants, in the same position. The compensation payable to the complainants for their wrongful dismissal should be assessed accordingly."
Keywords:
adjustment; amount; elements; salary; termination of employment;
Judgment 481
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
It appears from the applicable provisions that "the monthly salary is 1/12 of the yearly salary, and the daily salary 1/360 of the yearly and 1/30 of the monthly salary. The complainant was on unauthorised leave for two hours, i.e. for one quarter of a normal working day. It was therefore right to deduct a sum corresponding to 1/120 of her monthly salary."
Keywords:
amount; deduction; entitlement for service rendered; proportionality; salary; unauthorised absence;
Judgment 480
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"As the Tribunal has said [...] in Judgment No. 431, the compensation generally awarded [upon non-renewal of contract] is less than the remuneration which the complainant would have received had he been reinstated. This is because he is not necessarily deprived of all means of livelihood."
Reference(s)
ILOAT Judgment(s): 427, 431
Keywords:
amount; application for execution; contract; fixed-term; material damages; non-renewal of contract; reckoning; salary;
A
Extract:
In accordance with the Tribunal's decision in Judgment No. 427, the complainant submitted claims for compensation. The organization paid the complainant various sums. The complainant is still not satisfied and asks the Tribunal to assess the balance which he believes to be due.
Reference(s)
ILOAT Judgment(s): 427
Keywords:
amount; application for execution; damages;
Consideration 2
Extract:
"The complainant has not provided any satisfactory evidence that his salary would have increased if he had remained in the organization. It would no longer have increased by annual increments, since he had already reached the top level of his grade. His emoluments were expressed in United States dollars and there is no evidence of possible adjustments for cost of living." No such amounts will therefore be included in the reckoning of compensation.
Reference(s)
ILOAT Judgment(s): 427
Keywords:
adjustment; amount; cost-of-living increase; damages; lack of evidence; reckoning; salary;
Consideration 4
Extract:
The Tribunal regards "the true measure of the complainant's loss" as the amount of the pension to which he is entitled. "If the parties cannot agree upon this actuarial calculation or upon an actuary whose calculation they would accept, the matter must come back to the Tribunal, which, acting under Article 11 of the Rules of Court, will appoint an expert to fix the sum."
Reference(s)
ILOAT reference: ARTICLE 11 OF THE RULES
ILOAT Judgment(s): 427
Keywords:
amount; damages; expert inquiry; injury; tribunal;
Judgment 479
47th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The fundamental principle of the scheme [...] is that it is not a contract of indemnity but a contract to pay a fixed or calculated sum in certain contingencies. This principle is not affected by the adaptation of the scheme to short-term or temporary employment nor by the fact that in the latter case the earnings are not actual but assumed from an actual amount"
Keywords:
amount; health insurance; incapacity; invalidity; medical expenses;
Summary
Extract:
The complainant became disabled following a disease contracted during a one-month mission. The complainant receives an invalidity pension. His incapacity was assessed by the Tribunal at 100 per cent. The amount of the pension must be redetermined. The deductions made of a university retirement pension were unwarranted they must be reimbursed, with the amounts being indexed against inflation and with interest [2 per cent]; costs.
Keywords:
amount; disability benefit; illness; incapacity; invalidity; rate; reckoning; refund; service-incurred;
Judgment 435
45th Session, 1980
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(A)
Extract:
The complainant claimed compensation for bodily injury in an appeal submitted to the internal appeals board. He claims compensation for loss of earning capacity resulting from the same injury in his claim to the Tribunal. The principle that the facts relied on in the internal proceedings should be the same as those relied on in the complaint to the Tribunal has not been infringed. However, in the internal appeal he claimed compensation of 18,000 francs but is now asking the Tribunal to grant him a larger sum. Insofar as he is seeking compensation exceeding 18,000 francs his complaint is irreceivable.
Keywords:
amount; complaint; difference; incapacity; internal appeal; invalidity; material damages; new claim; receivability of the complaint;
Judgment 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Where a decision not to extend an appointment is improper the Tribunal generally awards compensation less than the amount of remuneration which the complainant would have received up to the end of a further appointment."
Keywords:
amount; contract; fixed-term; material damages; non-renewal of contract;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(B)
Extract:
The complainant asks for "compensation 'based on the amount he would have earned through regular contract renewal'. This is not a basis usually taken in cases of non-renewal, for it has always to be remembered that in such a case a complainant has been deprived not of a contractual right but only of an expectation [...]. In the present case [...] the expectation was very solid [...]. In these exceptional circumstances the Tribunal concludes that full financial compensation should be given on the basis claimed."
Keywords:
amount; contract; damages; fixed-term; legitimate expectation; non-renewal of contract;
Judgment 415
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's post was abolished and her contract was not renewed. The Staff Regulations stipulate that preference should be given to "persons already in the service" but the complainant was denied the benefit of such preference. "She has not been deprived of any contractual rights to salary or pension, but only of expectation of further employment. The Tribunal considers that the appropriate award of compensation is 8,000 Swiss francs."
Keywords:
abolition of post; amount; contract; damages; fixed-term; legitimate expectation; non-renewal of contract; organisation's duties; priority; reassignment;
Judgment 402
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The compensation appropriate to a breach of contract is indemnification for loss actually incurred as a result of that particular breach; it cannot, unless the contract expressly so provides, be settled according to a general tariff."
Keywords:
amount; compensation; liability; material damages; organisation; professional accident; service-incurred;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The amount of salary is contractual and is immune to amendment only if the parties intend that it should be inviolate. "At the time when the complainants' basic salary was determined and later when it was adjusted, the parties are unlikely to have had in mind the circumstances [which led to the impugned decision]. "But, had they done so, would they ordinarily have intended that the amount of remuneration should be inviolate?"
Keywords:
acquired right; amendment to the rules; amount; contract; salary;
Consideration 7
Extract:
"It is [...] quite within the realm of possibility that, had the parties, at the time when the contracts of employment were concluded and revised, envisaged the straitened circumstances in which the [organisation] was [...] to be placed, they would not have treated the agreed salary as inviolate. On the contrary, they would have consented to its slight and temporary reduction [four unpaid days of leave over a period of six months]. In other words, the complainants have failed to prove any breach of acquired rights."
Keywords:
acquired right; amount; budgetary reasons; reduction of salary; salary; terms of appointment;
Consideration 6
Extract:
"[T]here may be an acquired right to application of the principle that an allowance will be paid, but not necessarily to the method of calculation - in other words, to the actual amount - of that allowance."
Keywords:
acquired right; allowance; amount; payment; reckoning;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 374
42nd Session, 1979
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is clear from the wording of [Judgment 306] that the 'one year's salary' to be paid in lieu of reinstatement is equivalent in the present instance to the salary which the complainant was receiving at the date when his appointment ended, i.e. the net salary which he was paid after deduction of tax at the source but including incidental allowances, and in particular post adjustment. There is no reason however to take account of any increment which he might have received had he remained on the staff."
Reference(s)
ILOAT Judgment(s): 306
Keywords:
allowance; amount; application for interpretation; definition; increment; material damages; net salary; post adjustment; salary;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Expatriation, education and leave expense allowances are matters of importance to someone joining the staff of an international organisation. "The question therefore arises whether the outright abolition of such allowances would in principle violate an acquired right. There is, however, no acquired right to the amount and the conditions of payment of such allowances. Indeed the staff member should expect amendments to be prompted by changes in circumstances if, for example, the cost of living rises or falls, or the organisation reforms its structure, or even finds itself in financial difficulty.
Keywords:
acquired right; allowance; amendment to the rules; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; reckoning;
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