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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 189

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  • Judgment 136


    22nd Session, 1969
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The suspension of the complainant was followed by an improper decision not to renew his contract. Having received his full salary, the complainant "has suffered no material damage, but he has suffered moral damage. He is entitled to equitable compensation for the distress caused by the manner of his treatment and for the injury done thereby to his reputation and to his prospects of obtaining other employment. The organization must therefore pay to the complainant equitable compensation in respect of the illegality of his suspension from duty".

    Keywords:

    complaint allowed; contract; decision quashed; fixed-term; flaw; injury; moral injury; non-renewal of contract; professional injury; suspension;



  • Judgment 135


    22nd Session, 1969
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The refusal to grant a permanent post to the complainant was quashed because of legal error. The organisation again rejected the complainant's application. The complainant's claim for damages "is well founded only insofar as it rests on the prejudice arising out of the illegal decision [...] which lapsed on [...] which date the decision legally rejecting his application for a permanent post was issued." The Tribunal awards the complainant a sum in compensation, in particular, for the "prejudice caused to complainant by the state of uncertainty in which he found himself as a result of the rescinded decision."

    Keywords:

    amount; case sent back to organisation; complaint allowed; confirmation of appointment; confirmatory decision; decision; decision quashed; flaw; injury; mistake of law; moral damages; moral injury; refusal;



  • 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;



  • Judgment 121


    20th Session, 1968
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The organization has [...] committed a breach of contract by suspending the complainant otherwise than in accordance with the Staff Regulations. Since his emoluments have been fully paid, he has suffered no material damage, but he has suffered moral damage. He is entitled to compensation for the distress caused by the abrupt way in which he was treated, tantamount in its form to summary dismissal, and for the injury done to his reputation and to his prospects of obtaining other employment."

    Keywords:

    breach; complaint allowed; flaw; injury; moral damages; moral injury; professional injury; provision; respect for dignity; staff regulations and rules; summary dismissal; suspension;



  • Judgment 60


    10th Session, 1962
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration II 2 (A)

    Extract:

    The complainant has not suffered any financial prejudice. "On the other hand, the mere fact of belonging to a given grade does not carry any prestige value, unlike the use of a title, such as 'secretary' for instance [...]. Thus there is no moral prejudice."

    Keywords:

    cause of action; injury; lack of injury; moral injury; post classification; title of post;



  • 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 27


    6th Session, 1957
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The only fault which can be attributed to the organisation is that it did not establish [...] clearly and precisely [the responsibility of the complainant in certain incidents] but left open to grave doubt the reasons which motivated the failure to re-engage the complainant [...]. The complainant should therefore be awarded an indemnity in compensation for the moral prejudice resulting from the equivocal explanation given of the failure to re-engage her, for which prejudice the award of a sum of US $1,000 will give her full relief."

    Keywords:

    amount; complaint allowed in part; contract; fixed-term; grounds; injury; material damages; moral damages; moral injury; non-renewal of contract; professional injury;



  • 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; complaint allowed; exchange rate; material injury; moral damages; 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:

    complaint allowed; material injury; moral damages; moral injury; serious misconduct; termination;

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Last updated: 19.09.2019 ^ top