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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 189

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  • Judgment 3939


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.

    Consideration 12

    Extract:

    The complainant [complains] that [...] the Organization took more than three months to reply to his request for an extension of his appointment. [...]
    It is true that the Organization was nevertheless bound to reply to this request within a reasonable period of time. However, while it would have been preferable in this case that a decision was taken sooner, UNESCO cannot be deemed to have disregarded this requirement, as the decision containing the reply was taken one month before the complainant reached the statutory retirement age and he does not contend that it was adopted too late for him to make adequate arrangements for his private life after he had attained the normal retirement age.

    Keywords:

    age limit; extension; moral injury; reasonable time;



  • Judgment 3918


    125th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.

    Consideration 6

    Extract:

    [H]aving established a procedural rule about the time the reassignment process should take, WHO was bound to comply with it (see, for example, Judgment 2170, consideration 14), whatever, in practical terms, might be thought to have been positive elements accruing to the complainant. There is no reason to doubt that the length of time taken did cause additional stress and anxiety to the complainant. For this, the complainant is entitled to moral damages assessed in the sum of 15,000 United States dollars.

    Reference(s)

    ILOAT Judgment(s): 2170

    Keywords:

    moral injury; patere legem; reassignment; time limit;



  • Judgment 3730


    123rd Session, 2017
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contends that Eurocontrol withdrew his title and duties as Head of Section.

    Consideration 6

    Extract:

    [T]he behaviour of the complainant’s superiors, whom he was entitled to presume had authority, maintained his belief that they would take the necessary steps to have him promoted to the generic post corresponding to the duties entrusted to him, or that he would be granted a differential allowance, which he claims for the first time in these proceedings.
    As such a promotion procedure was not feasible under Article 5(3)(c) or Article 45a(1) of the Staff Regulations, the complainant was unduly kept in an illusory position for an excessively long time, which undeniably constituted a substantial affront to his dignity.

    Keywords:

    moral injury; respect for dignity;



  • Judgment 3692


    122nd Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant who, at the material time, was working as a patent examiner, objects to three of his staff reports, submits that he was subjected to harassment and challenges the rejection of his request for an independent examination of several of his dissenting opinions on patent applications.

    Consideration 22

    Extract:

    [T]he unlawful nature of the disputed staff reports in question caused the complainant moral injury.

    Keywords:

    moral injury;



  • Judgment 3691


    122nd Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the salary deductions made following their participation in strikes.

    Consideration 12

    Extract:

    [A]s noted in the Tribunal’s case law, it is impractical for complainants to submit specific claims (in their appeals) against delays in the internal appeal procedure as they cannot know when the procedure will finish (see Judgments 2744, consideration 6, and 3429, consideration 4).

    Reference(s)

    ILOAT Judgment(s): 2744, 3429

    Keywords:

    delay; moral damages; moral injury;



  • Judgment 3689


    122nd Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contends that he contracted onchocerciasis, a parasitic disease which may eventually lead to blindness, during the performance of his duties as a collector of insects that are vectors of the disease, in Côte d’Ivoire under WHO’s Onchocerciasis Control Programme.

    Consideration 5

    Extract:

    [T]he Tribunal recalls that international organizations have a duty to adopt appropriate measures to protect the health and ensure the safety of their staff members (see Judgments 3025, under 2, and 2403, under 16). An organization which disregards this duty is therefore liable to pay damages to the staff member concerned.

    Reference(s)

    ILOAT Judgment(s): 2403, 3025

    Keywords:

    duty of care; moral injury;



  • Judgment 3688


    122nd Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to abolish her post and to separate her from service.

    Consideration 11

    Extract:

    The delays in the HBA proceedings were unreasonable and were not caused by wrongful procedural conduct on the part of the complainant and there is no indication that the HBA’s workload justified it. The delay before the HBA was mainly caused by the necessity to request information and documents from WHO, which should have been provided early in the process.
    The delay entitles the complainant to an award of moral damages for the defendant’s breach of its duties of due diligence and care (see Judgments 2522, under 7, 3160, under 16, and 3188, under 25).

    Reference(s)

    ILOAT Judgment(s): 2522, 3160, 3188

    Keywords:

    delay; internal procedure; moral damages; moral injury;

    Consideration 12

    Extract:

    It was stated in Judgment 3582, consideration 4, for example, that the amount of damages awarded for the injury caused by an unreasonable delay in processing an internal appeal depends on the length of the delay and its consequences. The consequences vary depending on the subject matter of the dispute so that a delay in resolving a matter of limited seriousness in its impact on the appellant will ordinarily be less injurious than a delay in resolving a matter which has a severe impact.

    Reference(s)

    ILOAT Judgment(s): 3582

    Keywords:

    damages; delay; moral injury;

    Consideration 22

    Extract:

    There is no reason why the complainant was informed [...], in the presence of others, that her post was to be abolished while she was at a meeting with the Ombudsman to explore her secondment to another department. That action was insensitive and inappropriate. This failure entitles the complainant to an award of moral damages.

    Keywords:

    moral damages; moral injury;

    Consideration 31

    Extract:

    WHO’s failure to disclose the relevant documents to the complainant in the internal appeal proceedings breached the adversarial principle or the principle of equality of arms, which constitutes a breach of due process entitling the complainant to moral damages.

    Keywords:

    damages; disclosure of evidence; due process; moral injury;



  • Judgment 3677


    122nd Session, 2016
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the Federation’s decisions to abolish her post and not to renew her fixed-term contract.

    Consideration 22

    Extract:

    In assessing whether moral damages should be awarded for a lengthy delay in disposing of an internal appeal, a number of considerations may be relevant. In some cases it might be sufficient for a complainant only to establish that the internal appeal took a period of time that could reasonably be viewed as too long. In other cases the explanation for the delay will become relevant.

    Keywords:

    delay; moral damages; moral injury;



  • Judgment 3674


    122nd Session, 2016
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to confirm his appointment at the end of his probation period.

    Consideration 10

    Extract:

    The fact that the complainant was misled as to his right to avail himself of the internal means of redress has resulted in a delay in the final settlement of this case, whatever its eventual outcome may be. This decision alone caused the complainant injury that will be fairly redressed by ordering OTIF to pay him compensation in the amount of 2,000 Swiss francs.

    Keywords:

    moral injury;



  • Judgment 3671


    122nd Session, 2016
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges two service orders.

    Consideration 5

    Extract:

    Although the complainant’s claims for the setting aside of these texts have been allowed, as she is acting in her capacity as a staff representative, she is not entitled to moral damages (see Judgments 3258, under 5, and 3522, under 6).

    Reference(s)

    ILOAT Judgment(s): 3258, 3522

    Keywords:

    moral injury; staff representative;



  • Judgment 3648


    122nd Session, 2016
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the validity of a competition process in which she participated and the lawfulness of the ensuing appointment.

    Consideration 15

    Extract:

    Although the complainant’s submissions do not establish material injury, the unlawfulness of the contested decisions did cause her moral injury, for which compensation should be granted in the amount of 3,000 euros.

    Keywords:

    moral injury;



  • Judgment 3637


    122nd Session, 2016
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed a second application for execution of Judgment 2551.

    Consideration 5

    Extract:

    The ITU’s erroneous legal assessment has resulted in an unacceptable delay in the execution of Judgment 2551 and consequently in the final settlement of the dispute. Having regard to all the circumstances of the case, the Tribunal sees fit to award moral damages to the complainant in the amount of 20,000 Swiss francs.

    Reference(s)

    ILOAT Judgment(s): 2551

    Keywords:

    moral injury;



  • Judgment 3594


    121st Session, 2016
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish her post and not to renew her fixed-term appointment.

    Consideration 12

    Extract:

    "[T]he FAO shall pay the complainant moral damages for subjecting her to unequal treatment, thereby causing injury to her dignity and reputation [...]."

    Keywords:

    moral damages; moral injury;



  • Judgment 3561


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks a review of Judgment 3141 on the basis that a new fact has allegedly come to light.

    Consideration 6

    Extract:

    "[T]he condition that internal means of redress must be exhausted would in any case not apply in respect of compensation for damage related to the length of proceedings (see, for example, Judgments 2744, under 6, and 3429, under 4)."

    Reference(s)

    ILOAT Judgment(s): 2744, 3429

    Keywords:

    direct appeal to tribunal; internal remedies exhausted; moral injury;



  • Judgment 3531


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.

    Judgment keywords

    Keywords:

    internal appeal; moral damages; moral injury; procedure;



  • Judgment 3530


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the EPO’s refusal to award them moral damages on account of the length of the internal appeal proceedings.

    Judgment keywords

    Keywords:

    internal appeal; joinder; moral damages; moral injury; procedure;



  • Judgment 3528


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.

    Judgment keywords

    Keywords:

    internal appeal; moral damages; moral injury; procedure;



  • Judgment 3527


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.

    Judgment keywords

    Keywords:

    internal appeal; moral damages; moral injury; procedure;



  • Judgment 3509


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to send his mail to an address, which is not the declared residence address in his last retirement questionnaire.

    Consideration 6

    Extract:

    "The unjustified delay of over three years between the filing of the appeal and the submission of the EPO’s position constitutes in itself an egregious delay which merits an award of damages. Taking into consideration both the excessive length of the delay and the fact that it is not apparent that this delay had a significant adverse impact on the complainant, the Tribunal sees fit to award moral damages in the amount of 800 euros (see Judgment 3160, under 17)."

    Reference(s)

    ILOAT Judgment(s): 3160

    Keywords:

    damages; moral injury;



  • Judgment 3508


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s alleged failure to take an express decision on his claim for the reimbursement of the travel expenses that he incurred in respect of his children upon leaving the service of the EPO.

    Considerations 6-7

    Extract:

    "With respect to the claim for moral damages for delay, this claim is not irreceivable because it was not raised in the internal appeal, as the EPO argues. It is in fact a claim by which the complainant seeks a remedy for inordinate or unreasonable delay in the internal appeal process itself, for which the Tribunal has in many instances awarded moral damages. [...]
    Taking into consideration the excessive length of the delay in the internal appeal process and the fact that it is not apparent that this delay had a significant adverse impact on the complainant, the Tribunal sees fit to award moral damages in the amount of 800 euros (see Judgment 3160, under 17)."

    Reference(s)

    ILOAT Judgment(s): 3160

    Keywords:

    moral damages; moral injury;

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Last updated: 19.09.2019 ^ top