Damages (125, 126, 842,-666)

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Keywords: Damages
Total judgments found: 43

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• 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 176

  
  26th Session, 1971
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The Statute of the United Nations Administrative Tribunal stipulates that awards of compensation may not exceed a specified amount, in particular in cases of dismissal. "A tribunal without a similar provision in its Statute is not entitled to impose upon an official what would amount in effect to a condition of his employment to which he has not assented."

  Keywords:

  amount; damages; enforcement; iloat; limits; termination of employment; unat; unat statute;
  

  Consideration 3

  Extract:

  "The duty of [the] Tribunal, as of every other tribunal unless its Statute otherwise provides, is to fix as compensation the sum which appears to it to be equitable in all the circumstances. If any limit be imposed upon an equitable amount, it necessarily means that the sum awarded will be less than the complainant deserves."

  Keywords:

  amount; criteria; damages; limits;
  

  
  
  

• Judgment 172

  
  26th Session, 1971
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  No real inquiry was made. The allegations against complainant were improbable. "The Tribunal can only find that the facts leading to the imposition of the sanction are in no way proved and decide that the impugned decision should be quashed. There is no reason to order the complainant's reinstatement, which in any case he does not claim; his entitlement to compensation for the injury suffered by him should, however, be considered.

  Keywords:

  damages; evidence; injury; inquiry; investigation; lack of evidence;
  

  Considerations

  Extract:

  "Th[e] charge [of attempted theft] was brought by the shop manager [...] eleven days after the incident to which it related. [The complainant] immediately denied the charges and gave a totally different and at first sight not improbable version of the incident. The Personnel Officer of the Regional Office, appointed by the Regional Director to make an inquiry, merely heard the statements of the shop manager who had brought the charges, and of three of his employees, only one of whom had apparently witnessed the alleged attempted theft."

  Keywords:

  burden of proof; damages; disciplinary procedure; evidence; inquiry; investigation; lack of evidence; standard of proof;
  

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