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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 192

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  • Judgment 3528


    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 3527


    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 3509


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPOís 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 EPOís 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 EPOís 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;



  • Judgment 3502


    120th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director General's decision to partially adopt the Appeal Board's recommendations on his appeal against his temporary suspension.

    Consideration 20

    Extract:

    "As the Tribunal finds the suspension decision was lawful, any humiliation stemming from the suspension is not, in this case, compensable by way of an award of moral damages, given that the humiliation he suffered was a necessary and direct consequence of the suspension itself."

    Keywords:

    moral damages; moral injury;



  • Judgment 3489


    120th Session, 2015
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision that his 2010 Performance Review Report shall be redone from the beginning and that a decision regarding an amendment to his contract extension from three to five years will be contingent on the outcome of the new Report.

    Consideration 9

    Extract:

    "[T]he Tribunal held in Judgment 3080, under 25, that the provision of Article VII, paragraph 1, of the Tribunalís Statute, which requires all internal means of redress to be exhausted, does not apply to a claim for compensation for moral injury. The Tribunal restates that moral damages constitute a claim for consequential relief which the Tribunal has the power to grant in all circumstances."

    Reference(s)

    ILOAT Judgment(s): 3080

    Keywords:

    internal remedies exhausted; moral injury;



  • Judgment 3485


    120th Session, 2015
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss his harassment complaint for lack of evidence.

    Consideration 16

    Extract:

    "It is not controverted that some of [the complainant's]complaints went unanswered. This shows that there was a degree of indifference regarding his express concerns. This was not only another aspect of harassment but also a breach of the ICCís duty of care towards the complainant which, in addition to the breach of due process, entitles him to moral damages [...]."

    Keywords:

    duty of care; harassment; moral damages; moral injury;



  • Judgment 3449


    119th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal cancelled the disputed competitions because the ILO rendered the recruitments unlawful.

    Consideration 10

    Extract:

    "The complainant seeks redress for the injury he has suffered without, however, explaining the nature of that injury. Since [...] his personal interests are not at stake in these cases, this claim will be dismissed."

    Keywords:

    moral injury; staff representative;



  • Judgment 3439


    119th Session, 2015
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the decision to terminate his appointment after the abolition of his post, as the Tribunal found that, due to the Organisation's failings, he had lost a valuable opportunity to be reassigned to another post.

    Consideration 13

    Extract:

    "[T]he complainant is entitled to moral damages for the failings in the reassignment process. Reinstatement is impracticable and inappropriate. The complainant lost the full benefit of the opportunity created by the Rules to be reassigned to another post within WHO. That is a valuable opportunity. That said, there can be no certainty or even likelihood that he would have been reassigned."

    Keywords:

    moral damages; moral injury;



  • Judgment 3422


    119th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the Global Fund breached its duty of care towards the complainant and that his separation entitlements were not sufficient.

    Consideration 13

    Extract:

    It is not in dispute that the Global Fund erred in announcing that Mr B. would temporarily occupy the newly created position of Unit Director, Africa and the Middle East [to which the complainant had applied] at a public meeting before informing the complainant personally. While the complainant received an apology both orally and in writing, it cannot be doubted that this breach of the duty of care had a negative effect on the complainant for which he is entitled to moral damages.

    Keywords:

    duty of care; moral injury;



  • Judgment 3418


    119th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal recognized the moral injury caused to the complainant and determined the amount of compensation.

    Consideration 11

    Extract:

    "The complainant, through her counsel, has called in aid not only these findings and recommendations but also the recommendations of the Appeal Board in a separate report [...] a basis for the calculation of damages in these proceedings. This is impermissible. The complainant has elected, presumably advised to do so by her legal adviser, to commence and prosecute several internal appeals. Whether this was desirable or necessary, is not a matter on which the Tribunal should comment. However, in assessing damages, the Tribunal should, in a case such as the present, focus on the subject matter of the complaint informed by the scope of the internal appeal."

    Keywords:

    moral damages; moral injury;



  • Judgment 3417


    119th Session, 2015
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that IOM's failure to ensure compliance with its performance evaluation procedures warranted an award of moral damages to the complainant.

    Consideration 10

    Extract:

    "[T]he complainant is entitled to moral damages for [...] the IOMís failure to ensure compliance with its performance evaluation procedures."

    Keywords:

    moral damages; moral injury;



  • Judgment 3411


    119th Session, 2015
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants successfully impugn the decision not to extend their contracts upon expiry.

    Consideration 9

    Extract:

    "With regard to the lack of proper notice of the non-renewal of their IFAD contracts and IFADís insufficient efforts to clarify their respective situations, the Tribunal awards [...] moral damages [...]."

    Keywords:

    moral damages; moral injury;

    Consideration 8

    Extract:

    "[T]he Tribunal considers that IFAD failed to give the complainants proper notice prior to the non-renewal of their contracts and to make all efforts, using all possible tools, to clarify the complainantsí situations. Thus, an award of moral damages is appropriate."

    Keywords:

    moral damages; moral injury; notice;



  • Judgment 3409


    119th Session, 2015
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal awarded the complainants material and moral damages stemming from IFAD's unlawful decisions and violation of its duty of care.

    Consideration 13

    Extract:

    "As the complainants lost a valuable opportunity to have their contracts renewed in positions other than the abolished positions, the Tribunal awards them material damages in the amount they would have earned at their respective grades for one year [...] including all allowances, benefits and entitlements, less any amounts already received by way of salary and emoluments from any other employment for that period, plus monthly interest of 5 per cent from the date of separation to the date of final payment. The Tribunal awards them moral damages stemming from the unlawful decisions and IFADís violation of its duty of care and failure to respect their dignity [...]. The Tribunal does not see any justification for an award of exemplary damages so that claim is dismissed."

    Keywords:

    material damages; material injury; moral damages; moral injury;



  • Judgment 3402


    119th Session, 2015
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the evidence established an intention to defraud on the part of the complainant and that the decision to dismiss him was not disproportionate, but it awarded damages because of the delay in the internal appeal procedure.

    Consideration 11

    Extract:

    "[O]rdinarily a staff member who has been dismissed for engaging in fraud, would suffer considerable stress while waiting for the answer in an internal appeal about whether the challenged finding of fraud would be upheld or rejected. There is no reason to doubt that this would have been so in the present case. The internal appeal did take too long and the complainant is entitled to moral damages [...]. However, this was only very much a subsidiary part of the complaint and, in substance, the complainant has failed. Accordingly the complainant is not entitled to costs."

    Keywords:

    moral damages; moral injury; no award of costs;



  • Judgment 3396


    119th Session, 2015
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In relation with the complainant's service-incurred illness, the Tribunal concluded that she was entitled to an invalidity payment.

    Consideration 16

    Extract:

    "[T]he delay in resolving the issue whether the 16.complainant was entitled to a continuing total invalidity pension has undoubtedly caused the complainant considerable stress and anxiety which is all the more regrettable and serious having regard to what appears to be, or at least was, her psychiatric condition. For this she is entitled to moral damages [...]."

    Keywords:

    moral damages; moral injury;



  • Judgment 3364


    118th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns on the grounds of a procedural flaw the decision to maintain his dismissal for misconduct.

    Consideration 29

    Extract:

    "[T]he fact that the procedure resulting in the disciplinary measure was conducted in breach of the applicable rules, as well as the length of the procedure and of the suspension, caused the complainant moral injury [...]."

    Keywords:

    moral injury;



  • Judgment 3347


    118th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision dismissing her harassment complaint and challenges the lawfulness of the internal appeals and investigation procedures.

    Consideration 15

    Extract:

    "Other than in extraordinary circumstances, the appropriate remedy for delay is an award of moral damages. [...] [I]n assessing whether a delay is unreasonable, the complexity of the matter is a relevant consideration."

    Keywords:

    delay; moral damages; moral injury;



  • Judgment 3307


    117th Session, 2014
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After being removed from his post consecutively to a judgment of the Tribunal declaring his appointment invalid, the complainant seeks compensation for moral injury.

    Judgment keywords

    Keywords:

    compensation; moral injury;



  • Judgment 3282


    116th Session, 2014
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.

    Judgment keywords

    Keywords:

    breach; compensation; contract; duty of care; flaw; material injury; moral injury; non-renewal of contract;

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Last updated: 27.05.2020 ^ top