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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 192

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  • Judgment 1526


    81st Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "An organisation owes its staff a general duty of care, and must not cause them undue hardship. A case of non-renewal is no exception. The duty may entail avoidance or reduction of injury that termination may cause [...] at least when it was not a short-term appointment, when the record of service was long, and when the official had reasonable expectations of making a career in the organisation."

    Keywords:

    career; contract; duration of appointment; general principle; injury; international civil servant; legitimate expectation; moral injury; non-renewal of contract; organisation's duties; respect for dignity; short-term;



  • Judgment 1525


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The breach of due process [that tainted the decision not to renew the complainant's appointment] caused him moral injury that warrants redress. But he has sufficient redress in the award of full pay from the date of his departure without having had to provide any services in return [the Tribunal cites the case law]".

    Keywords:

    case law; case sent back to organisation; compensation; complaint allowed; complaint allowed in part; date; decision; decision quashed; moral damages; moral injury; non-renewal of contract; procedural flaw; reinstatement; salary;



  • Judgment 1516


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The complainant seeks "damages for the material and moral injury she has sustained on account of UNESCO's refusal to take up her claim. The Tribunal is satisfied on the evidence that the defendant has been guilty of wrongful dilatoriness and shifts of position. It will award her damages for moral injury on that count, and in the light of all the circumstances of the case it sets the amount ex aequo et bono at 5,000 dollars."

    Keywords:

    administrative delay; case sent back to organisation; complaint allowed in part; decision quashed; internal appeal; material damages; moral damages; moral injury; procedure before the tribunal;



  • Judgment 1496


    80th Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The Tribunal would allow a complaint against a decision to transfer an official "if it were a hidden disciplinary sanction because there are specific procedural rules to protect a staff member when disciplinary action is taken: see for example Judgments 126, under 4 and 9, 1078, under 16, and 1407, under 18. In processing, ordering and notifying transfer an organisation must heed the staff member's dignity and good name and not cause unnecessary hardship: see Judgments 367, under 13 and 14, 631, under 27 and 28, 942, under 4, and 1234, under 15 and 19. And the decision must follow a proper enquiry: see Judgment 942, under 4."

    Reference(s)

    ILOAT Judgment(s): 126, 367, 631, 942, 1078, 1234, 1407

    Keywords:

    case law; complaint allowed; decision quashed; due process; hidden disciplinary measure; inquiry; misuse of authority; moral injury; organisation's duties; respect for dignity; staff member's interest; transfer;

    Consideration 13

    Extract:

    "The abruptness of the complainant's transfer could scarcely be put down to the Organization's needs. [...] His new job was not on a par with the old one or in keeping with his qualifications. [...] The manner of it was calculated to offend his dignity, and the FAO proved inconsiderate. The conclusion is that its unlawful behaviour and the seriousness of its offence warrant redress. The letter of appreciation that the Director-General sent him on retirement will not suffice since it failed to acknowledge the unnecessary injury he had suffered."

    Keywords:

    compensation; complaint allowed; decision quashed; moral injury; organisation's duties; respect for dignity; staff member's interest; transfer;



  • Judgment 1489


    80th Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Article 28 of the Service Regulations [...] does entitle officials to protection against attacks related to their status or duties and to compensation for injury. But, as was said in Judgment 1270 [...], its purpose is not to settle a dispute that has arisen within the Organisation itself. So it affords no basis for a claim to help from the Organisation against treatment by a supervisor."

    Reference(s)

    Organization rules reference: ARTICLE 28 OF THE EPO SERVICE REGULATIONS
    ILOAT Judgment(s): 1270

    Keywords:

    compensation; injury; international civil servant; interpretation; moral injury; staff regulations and rules; supervisor;



  • Judgment 1481


    80th Session, 1996
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Though [the complainant whom the Organization refused to grant a permanent contract in spite of a promise it had made to him] claims for moral damages for the ILO's treatment of him, this judgment may be deemed to afford him redress on that count."

    Keywords:

    case sent back to organisation; compensation; complaint allowed; complaint allowed in part; decision quashed; judgment of the tribunal; moral injury;



  • Judgment 1477


    80th Session, 1996
    International Training Centre of the International Labour Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "As to the complainant's claim to token damages for moral injury this judgment affords a remedy for any such injury."

    Reference(s)

    ILOAT Judgment(s): 1359

    Keywords:

    case sent back to organisation; compensation; competition; competition cancelled; complaint allowed; complaint allowed in part; decision quashed; flaw; judgment of the tribunal; moral injury; procedural flaw;



  • Judgment 1447


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant was wrongfully dismissed and "there are no proven facts which make his reinstatement 'not possible or advisable' within the meaning of Article VIII of the Tribunal's sSatute. The organisation must reinstate him and pay him salary, allowances and other entitlements as from [the date of his dismissal]. He need not give credit for any sums he may have earned since that date. For that reason he is awarded no sum in moral damages".

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    allowance; complaint allowed; complaint allowed in part; date; decision quashed; iloat statute; moral damages; moral injury; reinstatement; salary;



  • Judgment 1439


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The organization refused to promote the complainant with effect from the date at which he met the material conditions on the grounds that he had been subject to disciplinary action. The Tribunal quashed the disciplinary action in an earlier judgment and the complainant finally got his promotion, albeit with some delay. The Tribunal rejects his claim to moral damages. "The delay in granting him promotion caused him no moral injury because the organisation acted in good faith in originally deciding not to promote him."

    Keywords:

    date; delay; disciplinary measure; effective date; good faith; judgment of the tribunal; moral injury; organisation; promotion; refusal;



  • Judgment 1432


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The organization wrongly told the complainant that she was not under contract after reassigning her to a post in the field following a break in service. The Tribunal concludes that the complainant had been reemployed by the organization and that "on account of [its] attitude towards her she has sustained moral injury over and above the [material] injury [that she sustained]".

    Keywords:

    complaint allowed; complaint allowed in part; contract; decision quashed; material injury; moral injury; organisation's duties;



  • Judgment 1427


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The Organization did not execute the judgment ordering it to reinstate the complainant as promptly as it should have. It caused him "needless uncertaintyby requiring him to apply for vacancies and by ignoring his request for reinstatement in the vacant post of storekeeper [which he formerly held]. It thus virtually compelled him to come back to the Tribunal".

    Keywords:

    application for execution; complaint allowed; complaint allowed in part; execution of judgment; judgment of the tribunal; moral injury; organisation's duties; reinstatement; vacancy;

    Consideration 10

    Extract:

    The complainant is entitled to "moral damages for the injury due to the thwarting of his legitimate expectation of prompt and correct execution of the Tribunal's judgment."

    Keywords:

    administrative delay; application for execution; execution of judgment; judgment of the tribunal; legitimate expectation; moral damages; moral injury; organisation's duties;



  • Judgment 1407


    78th Session, 1995
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The complainant says that her transfer amounted to a hidden disciplinary measure to get back at her because she asserted her right of appeal. "The Tribunal is satisfied that there was no question of disciplinary action": she herself applied for the transfer and it cost her no loss of pay or grade or responsibility. "Nor does she allege any loss of dignity in the duties she had to perform."

    Keywords:

    amendment to the rules; complaint allowed; complaint allowed in part; decision quashed; disciplinary measure; grade; hidden disciplinary measure; moral injury; right of appeal; salary; transfer;



  • Judgment 1406


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The Tribunal dismisses [the complainant's] claims to reinstatement or payment of two years' salary and to further moral damages to cover the injury to her future financial prospects since there was nothing unlawful in the WHO's refusal to reinstate her or extend her appointment."

    Keywords:

    claim; complaint allowed; complaint allowed in part; contract; good faith; material damages; moral damages; moral injury; non-renewal of contract; organisation's duties; reinstatement;



  • Judgment 1395


    78th Session, 1995
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was dismissed on grounds of unsuitability for work without having had a chance to answer the charges against her. The Tribunal orders her reinstatement and observes that she is also "entitled to an award of damages for moral injury in view of her seniority and her humiliation by being told that she 'need not be present in the laboratory until the end of [her] contract'."

    Keywords:

    complaint allowed; decision quashed; moral damages; moral injury; organisation's duties; reinstatement; respect for dignity; seniority; termination of employment; unsatisfactory service;



  • Judgment 1394


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant claims damages for injury due to wrongful delay in completing his performance report for 1986-87. "The Tribunal is satisfied on the evidence that the delay that occurred was inadmissible. The EPO's failure to settle reasonably soon a dispute that raised no especially difficult issue of fact or law has discomfited the complainant in that after six years he does not yet have his final rating for 1986-87. [...] He has sustained moral injury, and indeed it is expressly acknowledged in later staff reports. On that score he will get fair redress in an award of 5,000 German marks in damages."

    Keywords:

    compensation; complaint allowed; complaint allowed in part; delay; moral damages; moral injury; organisation's duties; performance report; work appraisal;



  • Judgment 1386


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 28

    Extract:

    The Tribunal "accepts that the premature dismissal caused him moral injury in relation not only to his family and private life but also to his career prospects. Those prospects suffered from the EPO's having gravely compromised his chances of finding other employment by putting in the documents concerning his dismissal, and in breach of his rights of defence, criticism which could not under the circumstances be reviewed. The complainant shall accordingly receive, over and above the redress which the present judgment in itself affords him, damages".

    Keywords:

    career; compensation; complaint allowed; complaint allowed in part; decision quashed; judgment of the tribunal; moral damages; moral injury; professional injury; right to reply; termination of employment;

    Consideration 26

    Extract:

    "The relief the complainant seeks includes reinstatement in his post or, failing that, damages for material and moral injury [...]. The Tribunal holds that reinstatement, which could only mean reinstatement for a further probationary period, would raise insurmountable practical difficulties because of the time that has elapsed since the date of dismissal [...]. [The complainant is] entitled to full compensation for the material and moral injury he sustained."

    Keywords:

    compensation; complaint allowed; complaint allowed in part; date; decision quashed; material damages; material injury; moral damages; moral injury; probationary period; refusal; reinstatement; subsidiary; termination of employment;



  • Judgment 1384


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant was charged with removing computer equipment from the work place but no evidence of theft was ever produced. "The decision not to renew his contract, based as it was on a finding of theft, must have seriously harmed his moral and social standing and his prospects of finding other employment."

    Keywords:

    complaint allowed; contract; decision quashed; fixed-term; misconduct; moral injury; non-renewal of contract; professional injury; serious misconduct;

    Consideration 18

    Extract:

    The organization accused the complainant of removing computer equipment from the work place. It decided not to renew his fixed-term appointment on the grounds of theft. "The damage to the complainant's career and reputation is so grave that nothing short of reinstatement and the grant of a further contract of employment will suffice."

    Keywords:

    compensation; complaint allowed; contract; decision quashed; fixed-term; moral injury; non-renewal of contract; professional injury; reinstatement;

    Considerations 17 and 18

    Extract:

    The organization accused the complainant of stealing computer equipment but failed to provide any formal evidence of theft. On the grounds of theft it decided not to renew his fixed-term appointment. The Tribunal sets that decision aside in part for the organization's breach of his right to a hearing and holds that "the flagrant disregard of his right of defence caused him further moral injury" for which he is entitled to an award of damages.

    Keywords:

    breach; complaint allowed; decision quashed; moral damages; moral injury; right to reply;



  • Judgment 1380


    78th Session, 1995
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant "did not suffer any injury which hampered her career and is therefore not entitled to any award of damages. The mere fact that a decision was initially flawed does not suffice to warrant awarding her damages for moral injury. The flaw was [later] corrected [...] to be entitled to moral damages she must show that she has suffered more severe injury than that which an improper decision ordinarily causes."

    Keywords:

    burden of proof; criteria; damages; decision; evidence; flaw; formal flaw; lack of evidence; lack of injury; moral injury; professional injury;



  • Judgment 1376


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "Any organisation that is serious about deterring sexual harassment and consequential abuse of authority by a superior officer must be seen to take proper action. In particular victims of such behaviour must feel confident that it will take their allegations seriously and not let them be victimised on that account. In this case the WHO has utterly failed to protect the complainant's rights."

    Keywords:

    bias; breach; complaint allowed; complaint allowed in part; decision quashed; misuse of authority; moral injury; negligence; organisation's duties; right to reply; sexual harassment; staff member's interest; supervisor;

    Consideration 20

    Extract:

    "The damage caused to the complainant's career and reputation is so grave that no form of redress short of reinstatement and the grant of a further contract of employment will suffice."

    Keywords:

    career; compensation; complaint allowed; complaint allowed in part; contract; decision quashed; injury; material injury; moral injury; reinstatement;



  • Judgment 1372


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "As the Tribunal held in Judgments 1177 [...], under 5, and 1323 [...], under 9, an item that forms part of the proceedings that led to the impugned decision may not be withheld from scrutiny by the Tribunal. That holds good for any appellate body. So the administration ought to have disclosed to the Regional Board the documents it required to enable it to take up the complainant's appeal properly."

    Reference(s)

    ILOAT Judgment(s): 1177, 1323

    Keywords:

    case law; complaint allowed; complaint allowed in part; confidential evidence; decision quashed; disclosure of evidence; flaw; internal appeal; internal appeals body; judicial review; moral injury; procedure before the tribunal;

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Last updated: 27.05.2020 ^ top