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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 189

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  • Judgment 4184


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant mainly challenges the alleged misuse of short-term contracts in her case, the non-extension of her last contract and the allegedly incorrect classification of her job.

    Consideration 10

    Extract:

    According to the Tribunal’s case law, staff members are entitled to expect their requests to be dealt with by the competent authorities within a reasonable period of time (see, for example, Judgment 3773, consideration 5). In the present case, the complainant sent her grievance to HRD on 26 June 2013 and it was not until 19 November 2014 that HRD informed her that she should no longer expect to receive a reply from the Organization to her grievance. The Tribunal considers that the fact that the Organization did not give the complainant any reply and, moreover, that it waited more than a year to inform her that this would be the case, after having informed her that she would receive a reply, constitutes an unacceptable attitude on the part of the Organization, which reflects a lack of respect for the complainant. This has resulted in moral injury that requires compensation.

    Reference(s)

    ILOAT Judgment(s): 3773

    Keywords:

    delay; moral injury;



  • Judgment 4171


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to dismiss her internal complaints of moral harassment.

    Consideration 15

    Extract:

    [D]ifficult working conditions and an affront to the complainant’s dignity caused her moral injury. In light of the lack of care with which, according to the evidence, the Organization treated her in this matter, the Tribunal considers it appropriate to award her [...] compensation under this head.

    Keywords:

    moral injury;



  • Judgment 4158


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant submits that WIPO has not fully compensated her for the injury that she suffered as a result of being subjected to harassment.

    Consideration 4

    Extract:

    With regard to damages, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6).

    Reference(s)

    ILOAT Judgment(s): 1942, 2471, 3778

    Keywords:

    moral injury;

    Consideration 7

    Extract:

    The amount of compensation must be the subject of a specific examination, which takes into account all relevant factors, such as the seriousness, nature and duration of the injury suffered and also whether or not the organization withdrew the irregular decision and rectified the irregularity.

    Keywords:

    moral injury;



  • Judgment 4157


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2013 was irregular and contests the partial modification thereof.

    Consideration 11

    Extract:

    Even though the compensation awarded by the Director General was insufficient, the latter’s decision is not such as to cause additional moral injury in the complainant’s case.

    Keywords:

    final decision; moral injury;

    Judgment keywords

    Keywords:

    moral injury; performance evaluation;

    Consideration 7

    Extract:

    With regard to damages, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6).
    The mere fact that a decision was initially flawed does not suffice to warrant awarding damages for moral injury. In the present case, the flaw was corrected on the recommendation of the Appeal Board. To be entitled to moral damages, an official must show that she or he has suffered more severe injury than that which an improper decision ordinarily causes (see Judgment 1380, consideration 11).

    Reference(s)

    ILOAT Judgment(s): 1380, 1942, 2471, 3778

    Keywords:

    burden of proof; moral injury;



  • Judgment 4156


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2012 was irregular.

    Judgment keywords

    Keywords:

    moral injury; performance evaluation;

    Consideration 6

    Extract:

    The amount of compensation must be the subject of a specific examination, which takes into account all relevant factors, such as the seriousness, nature and duration of the damage suffered and also whether or not the organization withdrew the irregular decision and rectified the irregularity. In this case, the evaluation – which, incidentally, was belated – contained unjustified and inappropriately worded criticisms. The complainant states that her dignity was hurt by the irregularities committed and that she was shocked at the aggressive and hostile behaviour of the reviewing officer, who expressed her views using excessive language. She emphasizes that, even though the disputed evaluation was withdrawn, this was only done after more than 16 months, during which time she suffered “severe stress and anxiety”.

    Keywords:

    moral injury;

    Consideration 5

    Extract:

    With regard to damages, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6).
    The mere fact that a decision was initially flawed does not suffice to warrant awarding damages for moral injury. In this case, the flaw was corrected on the recommendation of the Appeal Board. To be entitled to moral damages, an official must have suffered more severe injury than that which an improper decision ordinarily causes (see Judgment 1380, consideration 11).

    Reference(s)

    ILOAT Judgment(s): 1380, 1942, 2471, 3778

    Keywords:

    burden of proof; moral injury;



  • Judgment 4139


    128th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term contract as a result of her post having been abolished.

    Consideration 11

    Extract:

    [W]hile it is true that [...] the Global Fund made errors in its communication with the complainant concerning the abolition of her post, the Tribunal considers that the apologies offered by the organization in this regard [...].

    Keywords:

    apology; moral injury;



  • Judgment 4111


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.

    Consideration 8

    Extract:

    Where an investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have his harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay him 15,000 Swiss francs in compensation.

    Keywords:

    flaw; harassment; inquiry; moral damages; moral injury;

    Consideration 9

    Extract:

    [...] Although it must be taken into account that the complainant took a month to provide his comments and that HRD asked the investigator to respond to them, which may have taken some time, the Tribunal considers that, in view of the circumstances of the case, a period of nine months between the submission of the findings of the investigation and the notification of the decision of HRD is excessive. Harassment cases should be treated as quickly and efficiently as possible, in order to protect staff members from unnecessary suffering, but attention must also to thoroughness and procedure (see Judgment 3447, consideration 7).
    The moral injury thus caused to the complainant will be fairly redressed by awarding him compensation in the amount of 1,000 Swiss francs.

    Reference(s)

    ILOAT Judgment(s): 3447

    Keywords:

    delay; harassment; inquiry; moral damages; moral injury; procedure;



  • Judgment 4110


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.

    Consideration 9

    Extract:

    Although it must be taken into account that the complainant took a month to provide his comments and that HRD asked the investigator to respond to them, which may have taken some time, the Tribunal considers that, in view of the circumstances of the case, a period of nine months between the submission of the findings of the investigation and the notification of the decision of HRD is excessive. Harassment cases should be treated as quickly and efficiently as possible, in order to protect staff members from unnecessary suffering, but attention must also be paid to thoroughness and procedure (see Judgment 3447, consideration 7).
    The moral injury thus caused to the complainant will be fairly redressed by awarding him compensation in the amount of 1,000 Swiss francs.

    Reference(s)

    ILOAT Judgment(s): 3447

    Keywords:

    delay in internal procedure; harassment; inquiry; moral damages; moral injury;

    Consideration 8

    Extract:

    Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have his harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay him 15,000 Swiss francs in compensation.

    Keywords:

    harassment; inquiry; moral damages; moral injury;



  • Judgment 4109


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.

    Consideration 8

    Extract:

    Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have her harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay her 15,000 Swiss francs in compensation.

    Keywords:

    flaw; harassment; inquiry; moral damages; moral injury;



  • Judgment 4108


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.

    Consideration 8

    Extract:

    Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have her harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay her 15,000 Swiss francs in compensation.

    Keywords:

    flaw; harassment; inquiry; moral damages; moral injury;



  • Judgment 4100


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to select him for a position for which he had applied.

    Consideration 7

    Extract:

    It is well settled in the case law that internal appeals must be conducted with due diligence and in a manner consistent with the duty of care an international organization owes to its staff members (see Judgments 3160, under 16, and 3582, under 3). Although it appears that the Administration took some steps to deal with an unusually large volume of work, the time taken to finalize the HBA report was nonetheless unreasonable. In Judgment 3160, under 17, the Tribunal held:
    “The amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal. Delay in an internal appeal concerning a matter of limited seriousness in its impact on the appellant would be likely to be less injurious to the appellant than delay in an appeal concerning an issue of fundamental importance and seriousness in its impact on the appellant.”
    (See also Judgment 4031, under 8.)

    Reference(s)

    ILOAT Judgment(s): 3160, 3582, 4031

    Keywords:

    delay in internal procedure; duty of care; moral injury;



  • Judgment 4079


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed an application for interpretation and review of Judgment 3930 and the complainant in that case filed an application for execution of that judgment.

    Consideration 24

    Extract:

    The delay in fully executing Judgment 3930 has caused the complainant moral injury. In awarding moral damages, the Tribunal takes into particular account the following: the duration of the delay, the fact that there was no need to seek a decision from the Council of Administration to authorize the execution of a judgment of the Tribunal, particularly when the budget was already approved for payments of awards, and the misleading presentation made by the International Bureau (in the presentation to the Council of Administration debating whether or not to execute the judgment) that the complainant’s illness was feigned. The International Bureau acted without presenting any evidence from a medical board and without having completed a disciplinary proceeding with regard to that unproven allegation, in violation of its duty of care and in breach of the adversarial principle. The UPU must respect the dignity of its staff members and preserve their reputation.

    Reference(s)

    ILOAT Judgment(s): 3930

    Keywords:

    delay in payment; duty of care; execution of judgment; moral damages; moral injury; respect for dignity;



  • Judgment 4078


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed an application for interpretation and review of Judgment 3929 and the complainant in that case filed an application for execution of that judgment.

    Consideration 24

    Extract:

    The delay in fully executing Judgment 3929 has caused the complainant moral injury. In awarding moral damages, the Tribunal takes into particular account the following: the duration of the delay and the fact that there was no need to seek a decision from the Council of Administration to authorize the execution of a judgment of the Tribunal, particularly when the budget was already approved for payments of awards.

    Reference(s)

    ILOAT Judgment(s): 3929

    Keywords:

    delay in payment; execution of judgment; moral damages; moral injury;



  • Judgment 4076


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed and application for interpretation and review of Judgment 3927 and the complainant in that case filed an application for execution of that judgment.

    Consideration 15

    Extract:

    The unnecessary delay in executing Judgment 3927 has caused the complainant moral injury, for which she is entitled to moral damages that the Tribunal sets in the amount of 1,000 Swiss francs.

    Reference(s)

    ILOAT Judgment(s): 3927

    Keywords:

    delay in payment; execution of judgment; moral damages; moral injury;



  • Judgment 4039


    126th Session, 2018
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who alleges that he is the victim of institutional harassment and discrimination, seeks redress for the injury he considers he has suffered.

    Considerations 10-16

    Extract:

    [T]he Tribunal draws attention to the fact that the decision whether or not to initiate an investigation is taken at the Organization’s discretion. However, once an investigation is opened, it must be conducted expeditiously without the suspect having to suffer the consequences of the investigators’ possible lack of time. An international organisation has an obligation to initiate the investigation in a timely manner and the corollary obligation of ensuring that the internal body responsible for investigating and reporting on the allegations has the necessary resources to carry out that responsibility (see, in this connection, Judgment 3347, under 14).
    In these circumstances the duration of the investigation – more than 21 months – is inordinate, as is the period of 12 months between the date on which the complainant was first interviewed and the date on which he was notified of the findings of the investigation. [...]
    With regard to the length of the investigation in particular, the Tribunal pointed out in Judgment 3295, under 7, that an organisation must investigate allegations of misconduct in a timely manner both in the interests of the person being investigated and the organisation. These interests include, among other things, safeguarding the reputations of both parties and ensuring that evidence is not lost. Consequently it must be found that the delay in conducting the investigation caused the complainant moral injury which must be redressed (see, in this connection, Judgment 3064, under 11).

    Reference(s)

    ILOAT Judgment(s): 3064, 3295, 3347

    Keywords:

    inquiry; moral injury; time limit;



  • Judgment 4038


    126th Session, 2018
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who alleges that he is the victim of institutional harassment and discrimination, seeks redress for the injury he considers he has suffered.

    Considerations 11-18

    Extract:

    [T]he Tribunal draws attention to the fact that the decision whether or not to initiate an investigation is taken at the Organization’s discretion. However, once an investigation is opened, it must be conducted expeditiously without the suspect having to suffer the consequences of the investigators’ possible lack of time. An international organisation has an obligation to initiate the investigation in a timely manner and the corollary obligation of ensuring that the internal body responsible for investigating and reporting on the allegations has the necessary resources to carry out that responsibility (see, in this connection, Judgment 3347, under 14).
    In these circumstances, the duration of the investigation – more than 21 months – is inordinate, as is the period of 12 months between the date on which the complainant was first interviewed and the date on which he was notified of the outcome of the investigation.

    Reference(s)

    ILOAT Judgment(s): 3064, 3295, 3347

    Keywords:

    inquiry; moral injury; time limit;



  • Judgment 4037


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-renewal of her temporary appointment.

    Consideration 15

    Extract:

    The Tribunal recalls that, according to its case law, officials are entitled to expect that their case will be dealt with by the internal appeal body within a reasonable time (see, for example, Judgment 3336, under 6). In this case, the Tribunal considers that while the complainant was partly responsible for the delay of which she complains insofar as she had requested and obtained a two-month extension of the time limit for submitting her rejoinder, the internal proceedings lasted an excessively long time having regard to the nature of the case. Their length caused the complainant moral injury, entitling her to damages [...].

    Keywords:

    internal appeal; moral injury; reasonable time;



  • Judgment 4035


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses her former supervisor of moral harassment.

    Considerations 4, 5, 7

    Extract:

    The complainant objects to the fact that the Director-General, having recognised that the decision to close the case on her complaint of moral harassment had been wrong, failed to initiate the investigation for which item 18.2 of the Human Resources Manual on anti-harassment policy provides when the preliminary assessment does not culminate in a decision to close the case.
    However, like the Appeals Board, the Tribunal considers that it was by that stage no longer possible to conduct such an investigation, not only because the Director of the Office had left the Organization, but also because of the time that had elapsed since the incidents in question, which in particular made it difficult to gather reliable testimony from witnesses as to whether those incidents occurred and how third parties may have perceived them.
    The Tribunal has already found in similar cases that when a harassment case has been wrongly closed, it is not appropriate to order that an investigation be re-opened if that course would raise practical difficulties of this nature (see, for example, in another case concerning a UNESCO official, Judgment 3639, under 8 to 10).
    Furthermore, the Tribunal came to the same conclusion in its recent Judgment 3935, delivered in public on 24 January 2018, in which it ruled on a complaint filed by the complainant’s immediate supervisor at the material time, Mr E. Z., who likewise considered that the Director of the Office had harassed him.
    This situation means that, as in the case leading to aforementioned Judgment 3935, it is impossible for the Tribunal, in the present case, to reach an informed decision on the merits of the parties’ submissions as to the existence and, as the case may be, the effects of the harassment alleged by the complainant. Neither the parties’ briefs nor the evidence tendered allow the Tribunal to rule on these points with certainty; this would be possible only if the findings of an investigation that was duly carried out at the material time were available.
    Thus, although the complainant alleges, inter alia, that she was unduly divested of the substance of her responsibilities, unlawfully placed in a hierarchical position that was not commensurate with her grade and subjected to denigration of her work and other humiliating statements and conduct, the evidence on file does not permit a determination as to whether some of these incidents actually took place and whether, viewed as a whole, they constituted harassment or instead resulted from acceptable management decisions or sheer tactlessness. Furthermore, whilst the complainant plainly had a very difficult relationship with the Director of the Office, that circumstance, which may well be explained by work-related conflicts or even by purely personal antagonism, does not in itself support a finding that the complainant was, as she alleges, a victim of systematic discrimination, retaliation or other conduct amounting to harassment. [...]
    Nevertheless, the fact that it is impossible for the complainant to have her internal complaint of harassment examined owing to the failure to conduct an investigation at the time of the incidents constitutes a serious violation of her right to effective means of redress. It has caused her considerable moral injury which, in the Tribunal’s view, justifies a higher amount of damages than that already awarded by the Director-General in the impugned decision.

    Reference(s)

    ILOAT Judgment(s): 3639, 3935

    Keywords:

    harassment; inquiry; moral injury;



  • Judgment 4034


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims that she was subjected to harassment.

    Considerations 18, 19, 20

    Extract:

    [T]he complainant states that after the Bureau of Field Coordination was abolished, she was not notified of her exact assignment. [...]
    The Tribunal observes that the patently unacceptable situation in which the complainant and numerous other officials were placed reveals a management error by the Administration but does not constitute harassment. Under the case law, unsatisfactory conduct is not, in itself, sufficient to establish harassment (see, for example, Judgment 3625, under 9).
    It follows from the foregoing that the complainant has failed to show that she was a victim of harassment.
    However, although the alleged harassment has not been established, the Tribunal considers that the management error identified above placed the complainant in a difficult situation that caused her moral injury. The Organization must redress its breach of the duty to provide its employees with a safe and healthy working environment by the payment of damages, which the Tribunal sets at 10,000 euros.

    Reference(s)

    ILOAT Judgment(s): 3625

    Keywords:

    clerical error; harassment; moral injury;



  • Judgment 4020


    126th Session, 2018
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the denial of his second request to benefit from the temporary early termination of service scheme and the implied decision to reject his claim for compensation.

    Consideration 4

    Extract:

    In accordance with Article VII, paragraph 1, of the Statute of the Tribunal, “[a] complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations”.
    [I]t is well settled that this rule, that internal means of redress must first be exhausted, does not apply to a claim for moral damages, which constitute a natural form of relief which the Tribunal has the power to grant in all circumstances (see, for example, Judgments 3080, under 25, 2779, under 7, and 2609, under 10). The claim for compensation under this head is therefore receivable.

    Reference(s)

    ILOAT reference: Article VII, paragraph 1, of the Statute
    ILOAT Judgment(s): 2609, 2779, 2779, 3080

    Keywords:

    internal remedies exhausted; moral injury;

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Last updated: 14.11.2019 ^ top