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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 310

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  • Judgment 3969


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the EPOís decision to impose upon her the disciplinary measure of downgrading.

    Consideration 17

    Extract:

    The ultimate decision to impose a serious disciplinary sanction was made in circumstances where the complainant was incapacitated by serious mental health issues. This should be reflected in the amount of those damages. The Tribunal assesses those damages in the sum of 30,000 euros.

    Keywords:

    disciplinary measure; illness; moral injury;



  • Judgment 3964


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to impose on him the disciplinary measure of dismissal for serious misconduct.

    Consideration 20

    Extract:

    Prior to the oral hearing before the Disciplinary Committee, it was revealed that potential witnesses from the IU had been provided with a copy of the complainantís rejoinder to the Disciplinary Committee. [...] [The EPO] does not seek to explain how the information came into the hands of the potential IU witnesses. It can reasonably be inferred that it happened as a result of the conduct of a member of staff of the EPO and for which the Organisation is responsible. But as noted by the Tribunal in Judgment 3284, consideration 28, how it happened is not of any great significance. What is significant is that the complainantís confidentiality was not preserved. The complainant is entitled to moral damages assessed in the sum of 4,000 euros as the breach does not appear to be so egregious as the individuals to whom the material was sent were themselves bound to keep it confidential.

    Reference(s)

    ILOAT Judgment(s): 3284

    Keywords:

    confidential evidence; moral injury;



  • Judgment 3946


    125th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the amounts she was awarded for the delay in processing her request for compensation for service-incurred illness.

    Consideration 16

    Extract:

    Regarding the claim for additional moral damages for delay, it is observed that the confusion and misunderstanding surrounding the processing of the complainantís claim and the delay this occasioned is attributable in large measure to WIPOís failure to follow the required procedure in Article 12.2 of the insurerís policy for which the complainant is entitled to additional moral damages in the amount of 5,000 Swiss francs.

    Keywords:

    delay; moral injury;



  • Judgment 3945


    125th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her 2013 performance evaluation.

    Consideration 5

    Extract:

    [T]he Tribunalís case law states that a complainant may make a claim for consequential relief which was not made in the internal proceedings. Under that case law, claims for moral damages can be treated as consequential relief and thus are not subject to the requirement to exhaust internal remedies (see Judgment 3871, consideration 18). Regarding the claim for costs, the Tribunal has accepted that only a claim for costs with respect to the proceedings before the Tribunal may be receivable (see Judgment 3421, under 2(a)).

    Reference(s)

    ILOAT Judgment(s): 3421, 3871

    Keywords:

    costs; exception; internal remedies exhausted; moral injury;



  • Judgment 3942


    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 reinstate her in her former position.

    Considerations 8 and 9

    Extract:

    The Tribunal accepts [...] that the executive head of an organisation has a discretionary power to review an earlier decision and can, for good reason and acting bone fide, vary or rescind that decision (see, for example, Judgment 618, consideration 5, though compare Judgment 3871, consideration 3), unless the earlier decision is immune from revision either because of the effect of normative legal documents within the organisation such as staff rules or regulations, or because of the application of principles found in the Tribunalís case law such as promissory estoppel (see, for example, Judgment 1781, considerations 12 to 14). But the rationale for the reversal decision, in the present case, does not withstand close scrutiny. [...]
    It is true that the remedy chosen in the decision [...] certainly compensated the complainant, financially, for the direct effect of the unlawful non-renewal of her contract as an act of retaliation. However, that decision fails to recognise that bare financial compensation for lost income arising directly from non-renewal of the complainantís contract for an unlawful reason might be an insufficient remedy. This failure is an error of law involving a failure to take into account relevant considerations.

    Keywords:

    estoppel; moral injury; non-renewal of contract; withdrawal of decision;



  • Judgment 3941


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges a Circular that implements amendments to the Rules of the Medical Benefits Fund.

    Consideration 7

    Extract:

    As the interveners are in the same position in fact and in law as the complainant, their applications to intervene are accepted and they are also entitled to moral damages.

    Keywords:

    intervention; 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 beyond retirement age; moral injury; reasonable time;



  • Judgment 3935


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses his former supervisor of moral harassment.

    Consideration 16

    Extract:

    the complainantís contention that in this case UNESCO breached the time limits prescribed in the provisions governing the appeals procedure is well founded. [...]
    It is true that, as UNESCO rightly points out, the failure to observe the aforementioned provisions of the Statutes of the Appeals Board did not seriously infringe the complainantís rights, and the delays, some of which are attributable to the complainant, can partly be explained by the unusual complexity of the case. It should also be borne in mind that the Director-Generalís final decision was preceded by discussions with the complainant aimed at reaching a settlement, which obviously delayed its adoption.
    Nevertheless, the Organization was obliged, in accordance with the principle tu patere legem quam ipse fecisti, to adhere more strictly to the procedural time limits laid down in the Statutes of the Appeals Board. Its failure to do so caused the complainant moral injury, for which he legitimately claims redress (see, for similar cases, Judgments 3579, under 4, and 3688, under 11).

    Reference(s)

    ILOAT Judgment(s): 3579, 3688

    Keywords:

    delay; delay in internal procedure; internal procedure; moral injury;

    Considerations 8 to 10

    Extract:

    [L]ike the Appeals Board, the Tribunal considers that by the time the impugned decision was taken, it was no longer possible to conduct such an investigation, not only because both the complainant and 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. [...]
    This situation means that it is not possible, in the instant 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. [...]
    Nevertheless, the fact that it is impossible for the complainant to have his internal complaints examined constitutes a serious violation of his right to effective means of redress, in particular as far as his harassment complaint is concerned. It has caused him considerable moral injury which, in the Tribunalís view, justifies a higher amount of damages than that already awarded by UNESCO in the impugned decision.

    Keywords:

    harassment; inquiry; moral injury;



  • Judgment 3929


    125th Session, 2018
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish her post and to terminate her appointment while she was on sick leave.

    Consideration 15

    Extract:

    In light of the above considerations, the decision to abolish the complainantís post was unlawful and must be set aside. The consequent termination of appointment, based on the unlawful abolition of her post, must also be set aside. Considering the difficulties raised by the time elapsed and the subsequent restructuring of the UPU, the Tribunal shall not order reinstatement. Having regard especially to the complainantís age, qualifications, experience, and the length of time spent in the UPUís service, it is reasonable to award her material damages for the loss of opportunity to continue working with the UPU until her retirement age in an amount equal to 30 monthsí gross salary with reference to her last monthís gross salary. The UPU must also pay the complainant the equivalent of the employerís contribution that would have been due to the Provident Fund during those 30 months.
    The complainant is also entitled to an award of moral damages, including for the failure to properly assess her illness, which the Tribunal will set at 30,000 Swiss francs.

    Keywords:

    material damages; moral injury; permanent appointment; reinstatement;



  • Judgment 3925


    125th Session, 2018
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his application for payment of language training fees.

    Consideration 9

    Extract:

    The complainant also complains of the slow handling of his internal complaint. The Tribunal observes that whereas Article 92(2) of the Staff Regulations governing officials of the Eurocontrol Agency specifies a time limit of four months for the Director General to notify the person concerned of his reasoned decision, in this case such a decision was taken only after nine months. Although that length of time is not unreasonable in absolute terms, it nevertheless constitutes a breach by Eurocontrol of its own rules, which caused the complainant moral injury that likewise warrants redress.

    Keywords:

    delay in internal procedure; moral injury; patere legem;



  • 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 3916


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

    Consideration 5

    Extract:

    Staff Rule 1050.6 states that ď[t]he reassignment period will end within six months from its commencementĒ. In this case, the complainant was notified of the abolition of his post on 17 January 2012 and the decision stating that the reassignment process had been unsuccessful was issued on 30 August 2012, seven and a half months later. Thus, the Organization implicitly extended the reassignment period. It cannot reasonably contend that this period ended on 18 July 2012, given that the complainant was not informed of the termination of his appointment until 30 August 2012. The Tribunal therefore considers that WHO failed to observe the time limit for the complainantís reassignment pursuant to the Staff Rules and thus violated the principle of tu patere legem quam ipse fecisti (see, for example, Judgment 2170, under 14). The complainant is therefore entitled to compensation for moral injury.

    Reference(s)

    ILOAT Judgment(s): 2170

    Keywords:

    moral injury; patere legem; reassignment; time limit;



  • Judgment 3886


    124th Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to reject his request for a job grading review.

    Consideration 6

    Extract:

    The complainant claims that the proceedings before the IRG took four years, which constitutes an inordinate delay. The ILO submits that the delay is reasonable as the complainantís request was clearly irreceivable and did not cause him any prejudice. The Tribunal notes that paragraph 19 of Circular No. 639 [...] provides that appeals shall normally be processed within three months. As the complainantís request was not complicated and the Organization has not provided any real justification for the delay, the complainant is entitled to an award of moral damages. Considering the obvious irreceivability of the original request, the Tribunal sets the award at 2,500 Swiss francs.

    Keywords:

    delay; moral injury;



  • Judgment 3884


    124th Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to extend her appointment beyond the mandatory retirement age.

    Consideration 23

    Extract:

    The unlawfulness of the impugned decision has, in itself, caused the complainant moral injury, for which compensation must also be paid.

    Keywords:

    moral injury;



  • Judgment 3881


    124th Session, 2017
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant him sick leave after his dismissal for misconduct.

    Consideration 9

    Extract:

    [T]he complainantís confidentiality was breached when, without his consent, the certificate [...], which mentioned the nature of his incapacity, was disclosed to the Appeals Committee with the FAOís reply in the internal appeal proceedings. The information it contained was then specifically repeated in the Appeals Committeeís report to the Director-General. As a result, the Tribunal finds that the FAO breached the complainantís right to privacy when confidential medical information concerning the nature of his incapacity was passed to third parties. This aspect of the complaint is therefore well founded and the complainant will be awarded [...] moral damages in the circumstances.

    Keywords:

    confidential evidence; medical certificate; moral injury; right to privacy;



  • Judgment 3871


    124th Session, 2017
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges WHOís refusal to reinstate him after the decision to dismiss him was set aside.

    Consideration 18

    Extract:

    Consistent precedent has it that the rule laid down in Article VII, paragraph 1, of the Statute of the Tribunal that internal means of redress must first be exhausted does not apply to a claim for compensation for moral injury, which constitutes a claim for consequential relief which the Tribunal has the power to grant in all circumstances (see Judgment 2609, under 10, or Judgment 3080, under 25).

    Reference(s)

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

    Keywords:

    internal remedies exhausted; moral injury;



  • Judgment 3862


    124th Session, 2017
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the termination of her appointment on disciplinary grounds.

    Consideration 29

    Extract:

    This leads to a question of what relief should be afforded the complainant. She has demonstrated a procedural flaw which denied her due process. However the findings of the Registrar and his decision to terminate the complainantís appointment were open to him. In the circumstances, the complainant is entitled to moral damages [...].

    Keywords:

    moral injury;



  • Judgment 3846


    124th Session, 2017
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant objects to the working conditions to which she was subjected during a secondment and contends that the ITU breached the rules on performance appraisals.

    Consideration 8

    Extract:

    The Tribunal is of the opinion that, as the [organisation] itself recognises, the events to which the Appeal Board referred do not constitute ďextraneous, unforeseeable and compelling factorsĒ. The defendant organisation may not therefore rely on force majeure to justify a failure to comply with the time limit for the submission of the Boardís report. In this case, however, this flaw had no practical implications and hence does not warrant an award of damages.

    Keywords:

    force majeure; internal appeal; moral injury;



  • Judgment 3845


    124th Session, 2017
    African, Caribbean and Pacific Group of States
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment at the end of his probationary period.

    Consideration 10

    Extract:

    The complainant having withdrawn his claim for reinstatement, it suffices for the Tribunal to order compensation for the material damage and moral injury that he has suffered.
    Having regard especially to the complainantís age, his qualifications, his experience and the length of time that he spent in the ACP Groupís service, it is reasonable to award him damages under all heads equivalent to the salary and benefits that he would have received in the 24 months from [...] the date on which he left the organisation, less his professional earnings from other sources over that period. The ACP Group must also pay the complainant the equivalent of the employerís and employeeís contributions that would have been due to the Provident Fund if his employment had continued during that same period.

    Keywords:

    material damages; moral injury; reinstatement;



  • Judgment 3824


    124th Session, 2017
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for execution of Judgment 3421.

    Considerations 7-8

    Extract:

    [The Organisation] executed Judgment 3421 as far as possible having regard to the change in circumstances since the end of the disputed competition. It did not act unlawfully by stating that it was impossible for it to re-open the competition, because this was prevented by a restructuring, the need for which cannot be contested. Nor did it act unlawfully by failing to provide additional information to the complainant, beyond that which it had provided at his request in the letter dated 1 November 2013.
    Nevertheless, the defendantís failure to inform the Tribunal of a change in circumstances that would have rendered moot the complaint leading to Judgment 3421 led to the adoption of that same judgment, the execution of which is partly impossible. The complainant is thus entitled to moral damages, though it must also be taken into account that he too could have informed the Tribunal of the change in circumstances.

    Reference(s)

    ILOAT Judgment(s): 3421

    Keywords:

    duty to inform; execution of judgment; moral injury;

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Last updated: 02.07.2020 ^ top