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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 192

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  • 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 complainantís 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 partiesí submissions as to the existence and, as the case may be, the effects of the harassment alleged by the complainant. Neither the partiesí 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 Tribunalís 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, ď[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 RegulationsĒ.
    [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;



  • 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 complainantís 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 Tribunalís 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 CŰte díIvoire under WHOís 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 HBAís 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 defendantís 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:

    WHOís 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 Federationís 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 complainantís 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 complainantís 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 ITUís 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 EPOís 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 before the tribunal;



  • Judgment 3530


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the EPOís 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 before the tribunal;

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Last updated: 25.05.2020 ^ top