Negligence (199,-666)
You searched for:
Keywords: Negligence
Total judgments found: 41
< previous | 1, 2, 3 | next >
Judgment 1889
87th Session, 1999
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
The complainant was assigned to Chad in 1991 and contracted Hepatitis B in 1993. "The Appeals Committee considers that the medical service did not completely fulfil its role and did not offer the staff member concerned the advice that it could have supplied. The Appeals Committee even refers to responsibility being equally shared'. In practice, there could be no grave fault of the medical service incurring the responsibility of the organization unless the protective measures recommended by a competent authority had been disregarded. In the material case, the organization demonstrates that in 1991 [...] the World Health Organization's guidelines did not specifically recommend vaccination against Hepatitis B for persons posted to African countries affected by an endemic illness of this type."
Keywords:
breach; illness; liability; medical consultant; negligence; no provision; organisation; organisation's duties; rule of another organisation; service-incurred;
Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"Any organisation that is serious about deterring sexual harassment and consequential abuse of authority by a superior officer must be seen to take proper action. In particular victims of such behaviour must feel confident that it will take their allegations seriously and not let them be victimised on that account. In this case the WHO has utterly failed to protect the complainant's rights."
Keywords:
abuse of power; bias; breach; misuse of authority; moral injury; negligence; organisation's duties; right to reply; sexual harassment; staff member's interest; supervisor;
Judgment 1370
77th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Judgment 1317 [...] brought out the need for a properly functioning internal appeal procedure, of which the Appeal Board is an essential part. In this case the Board took far too long to report and failed to perform its function properly. Although in the circumstances the shortcomings of the appeal procedure may not be deemed to constitute bad faith, the ITU was negligent and caused the complainant injury. On that account it must afford him redress."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
case law; compensation; delay; flaw; good faith; injury; internal appeal; internal appeals body; moral injury; negligence; organisation's duties; procedure before the tribunal; report; staff member's interest;
Judgment 1261
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant, whose duties included processing claims for overtime hours, was charged with using the organization's funds for his own benefit and suspended. He is seeking payment for 150 hours' overtime. The Tribunal holds that "it was his duty as the responsible officer to ensure that the organization's rules were being complied with. If they were not he should have brought the matter to the notice of his supervisors. There is no evidence that he did so. That he may have failed to apply the rules in processing claims from other employees does not entitle him to object that the organization is wrong to apply them to him. [...] The conclusion is that he failed to comply with the rules on overtime claims."
Keywords:
disciplinary measure; negligence; overtime; payment; request by a party; staff member's duties;
Considerations 7-8
Extract:
The complainant, whose duties included processing claims for payment of overtime hours, was charged with using the organization's funds for his own benefits and suspended. He has not managed to show that he did the overtime. So his claim of payment of the overtime hours, like his claim to damages and interests, fails.
Keywords:
burden of proof; disciplinary measure; negligence; overtime; payment; request by a party; staff member's duties;
Judgment 1238
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal ordered the complainant's reinstatement in Judgment 999. But the Director-General decided that reinstatement was not in the interest of the organization and awarded him compensation. "To condemn someone to unemployment on account of a single negligent act unaccompanied by improper intention, and in circumstances that do not justify loss of confidence by the employer, is to demand a humanly impossible standard of performance by the employee and makes the right to reinstatement illusory."
Reference(s)
ILOAT Judgment(s): 999
Keywords:
complainant; discretion; good faith; limits; negligence; organisation; organisation's interest; proportionality; refusal; reinstatement; right; termination of employment;
Consideration 4
Extract:
"Even if the Director-General has discretion to refuse reinstatement 'in the interest of the organization' he must exercise it fairly and reasonably after considering all the material facts. Here the facts were that the complainant had throughout had irreproachable appraisal reports. [...] Despite surveillance, without his knowledge, for six months prior to [the incident that led to his dismissal] no wrongdoing, negligence or irregularity on his part was discovered. [...] The Director-General has failed to take into consideration the above material facts and has erred in treating the complainant as guilty of a 'cover-up'. The refusal of reinstatement was thus not a proper exercise of whatever discretion he had in the matter."
Keywords:
complainant; discretion; disregard of essential fact; flaw; limits; mistake of fact; negligence; organisation; organisation's interest; performance report; refusal; reinstatement; right; termination of employment;
Judgment 1111
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant, having tendered her resignation, was mistakenly paid a termination indemnity upon the transfer of Interpol's Headquarters to Lyons. The organisation ordered repayment. "[T]he Secretary General's decision to claim the sum back from her is a discretionary one. In deciding whether to demand full or part repayment he takes accounts of such factors as the staff member's good or bad faith, the sort of mistake that has been made, the organization's own and the staff member's negligence and the inconvenience which the demand, made necessary by the organization's own oversight, will put the staff member to. So the Tribunal will exercise only a limited power of review over the decision."
Keywords:
discretion; good faith; judicial review; negligence; recovery of overpayment; terminal entitlements;
Judgment 1070
70th Session, 1991
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7, Summary
Extract:
The complainant submitted a claim for medical expenses incurred by his former wife which another insurance scheme had already met. He submits that he bore no responsibility for the error and acted in good faith. The Tribunal holds that as he knew that his former wife was covered under another health scheme he should have made sure that it had not previously refunded her expenses. The complainant's "conduct argues, to say the least, a degree of laxity quite inadmissible in an international civil servant in that he wilfully ran a substantial and unreasonable risk, the foreseeable outcome being the defrauding of the fund. He has only himself to blame for the consequences of his own oversight."
Keywords:
complainant; fitness for international civil service; good faith; health insurance; insurance; medical expenses; misrepresentation; negligence; request by a party; serious misconduct; staff member's duties;
Judgment 941
65th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The organisation maintains that the complaint was time-barred as it was not filed within ninety days of the implied decision to reject it arising out of the administration's silence. The Tribunal holds that "the organisation may not plead its own failure to act. The complainant had good reason to infer [and had done his utmost to ensure] that his claim was still under review."
Keywords:
complaint; failure to answer claim; good faith; implied decision; internal appeal; negligence; organisation; receivability of the complaint; time bar; time limit;
Judgment 871
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The submissions in the complaint and in the organization's reply being properly before it, the Tribunal will not forbear to rule for want of a rejoinder the complainant has failed to file even after two extensions of the time limit."
Reference(s)
ILOAT Judgment(s): 723
Keywords:
closure of written proceedings; complainant; complaint; negligence; organisation; rejoinder; reply; submissions;
Judgment 757
59th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was found guilty of gross negligence in the performance of his duties. The organisation confiscated the equivalent of two months' salary. The Tribunal holds that such a decision constitutes a disciplinary sanction, not a measure to allow of compensation. Only such disciplinary action may be taken which is specifically set out in the applicable provisions. Whereas such a sanction is not provided for, the decision to impose it must be quashed.
Keywords:
complainant; disciplinary measure; hidden disciplinary measure; negligence; no provision; organisation; refund; request by a party; salary;
Judgment 730
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"In the present case the Tribunal, having found that in all the circumstances the complainant exercised due diligence in the pursuit of his remedies and consequently that his failure to file a complaint within the prescribed period was caused solely by the organization's breach of obligation to render the necessary assistance, concludes that the delay does not render the complaint irreceivable."
Keywords:
administrative delay; complaint; exception; negligence; organisation; organisation's duties; procedure before the tribunal; receivability of the complaint; time bar;
Judgment 567
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainants committed an error of judgment in thinking that the Tribunal would allow their complaints and that there was therefore no purpose in continuing with the internal proceedings. But that error was "not the same thing as lack of consent such as will render the withdrawal null and void. The basis in law of relations between organisation and staff must be stable. The complainants are liable for the course of action and the decisions they take. [...] They must be held responsible for their own actions and bear the consequences."
Keywords:
complainant; direct appeal to tribunal; internal remedies exhausted; lack of consent; negligence; receivability of the complaint;
Judgment 402
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
If an employer has failed to exercise due skill and care in arriving at a judgment on the safety of the place of work, the employee is entitled to compensation in full against the consequences of the misjudgment. "This principle is to be applied with due regard to the nature of the employment. In some employments there are unavoidable risks. A doctor may have to risk infection and a soldier or a policeman to risk bombs. The question in each case is whether the risk is abnormal having regard to the nature of the employment."
Keywords:
damages; duty station; negligence; organisation; right; special hazard;
Consideration 1
Extract:
"If there is doubt about the safety of a place of work, it is the duty of the employer to make the necessary inquiries and to arrive at a reasonable and careful judgement [...]. If [the employee] accepts the order, as prima facie he is bound to do, and the employer has failed to exercise due skill and care in arriving at his judgment, the employee is, subject to any contrary provision in the contract, entitled to be indemnified in full against the consequences of the misjudgment."
Keywords:
acceptance; assignment; damages; duty station; inquiry; investigation; negligence; organisation; organisation's duties; right; special hazard;
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 295
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The [organisation] was willing to sign the contract with the complainant as early as 1 October [...] the postponement to 21 October was due entirely to the attitude of the complainant, who of his own accord and for personal reasons delayed coming to [headquarters] [...] the [organisation], which did its utmost to have the complainant's contract ready by 1 October, was not to blame for any delay and was not at fault. The complainant alone was responsible for postponement of the signing of his contract to 21 October and on no grounds whatever can he properly claim any compensation in respect of the period prior to his appointment."
Keywords:
complainant; contract; date; delay; material damages; negligence; organisation;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant cannot properly take the [organisation] to task for appointing him without informing him of its general practice of not granting fixed-term appointments of more than five years' duration. It may of course be regrettable that he was not informed at the outset of that restriction, as new staff members [...] apparently now are. But since he should have expected his appointment to be terminated [...] he cannot found any claim on the omission which he attributes to [the organisation]."
Keywords:
contract; contributory service; duration of appointment; duty to inform; fixed-term; forfeiture of benefit; limits; negligence; non-renewal of contract; organisation;
Judgment 230
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"When the complainant was reappointed [...] the officials of the organization did not realise that they were depriving him of the chance of becoming a full participant in the Joint Staff Pension Fund. In all likelihood, had they realised the consequences of their decision, they would have extended the period of the contract [...] without regard to the date of expiry of the project and so enabled the complainant to become a full participant."
Keywords:
contract; contributory service; extension of contract; fixed-term; forfeiture of benefit; negligence; non-renewal of contract; participation; unjspf;
Considerations
Extract:
"[T]he complainant was deprived of full participation both by his own negligence and by an omission on the part of the organization. It is therefore proper to meet the complainant's claims in part by ordering the organization to pay the complainant from the date of his retirement half the amount of the pension to which he would have been entitled as a full participant in the Joint Staff Pension Fund."
Keywords:
complainant; forfeiture of benefit; negligence; organisation; organisation's duties; participation; pension; unjspf;
Judgment 185
27th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The regional administration failed to reply because it made a reply conditional on a matter unrelated to the request. "The position thus taken up by the administration misled [the complainant] and prevented him from following the procedure laid down [in the Staff Rules]. There is all the more reason for taking account of his error inasmuch as the [...] Rules do not mention the general rule of law [...] whereby the silence of the administration after a certain period is equivalent to rejection of a claim."
Keywords:
complaint; direct appeal to tribunal; exception; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; negligence; organisation; receivability of the complaint; time bar;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant had been on leave and then fell sick. He should have informed the registrar or have taken steps to ensure that the communication containing the memorandum in reply to his complaint was forwarded to him. "Consequently it was his own fault that he did not receive the communication [...] and did not reply within the time limit. There is therefore no reason to grant him a further time limit for his reply. Moreover, this could have been done only if it had been requested before the expiry of the original time limit. [...] The complainant's application was tardy." Since the dossier contains several memoranda by the complainant, the Tribunal can take its decision in full knowledge of the facts.
Keywords:
closure of written proceedings; complainant; delay; health reasons; negligence; new time limit; rejoinder; submissions;
Judgment 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is open to the organization to require by decision taken in reasonable time reimbursement in whole or in part of the overpayment, account being taken of all the circumstances of the case, including inter alia the bona or mala fides of the official, the nature of the error, the degree of negligence of the organization and of the official and the hardship caused to the official by any subsequent recovery in consequence of an error of the organization."
Keywords:
complainant; general principle; good faith; negligence; organisation; reasonable time; recovery of overpayment; request by a party; time limit;
< previous | 1, 2, 3 | next >
|
