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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 189

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  • Judgment 1306


    76th Session, 1994
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant is challenging the UPU's interpretation and execution of Judgment 1235 in which the Tribunal quashed the Director-General's decision confirming his refusal to appoint him to a specific post and offering him compensation for moral injury. "The award of moral damages affords him redress for the injury the Union's unlawful act caused him up to the date of Judgment 1235; it does not relieve the Union of remedying that unlawful act by reviewing the matter of his rights, and this time doing it properly."

    Reference(s)

    ILOAT Judgment(s): 1235

    Keywords:

    application for interpretation; complaint allowed; decision quashed; execution of judgment; flaw; injury; judgment of the tribunal; moral damages; moral injury; organisation's duties; purpose;



  • Judgment 1294


    75th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "In Judgment 447 [the Tribunal] declared, as to compensation for moral injury, that 'where the impugned decision is not unlawful such compensation is due only in exceptional circumstances'."

    Reference(s)

    ILOAT Judgment(s): 447

    Keywords:

    allowance; case law; compensation; moral injury;



  • Judgment 1131


    71st Session, 1991
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The answer to [the complainant's] claim to moral damages is that such a claim will not lie just because the decision was unlawful. In this case the purpose of the impugned decision [to abolish his post for budgetary reasons] was quite proper and there was nothing demeaning about it."

    Keywords:

    condition; decision; flaw; moral damages; moral injury;



  • Judgment 1090


    70th Session, 1991
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant says that the Executive Director of the World Food Programme assured him in an interview that he could be sent to Tunisia for one term. The evidence shows that the organization took ten months before making its position clear without however denying outright that the Executive Director had made such a promise. The complainant therefore had good reason to expect up to then that he would get what he wanted. The FAO's behaviour could but cause the complainant at least moral injury for which he is entitled to redress.

    Keywords:

    complaint allowed in part; injury; legitimate expectation; moral damages; moral injury; promise; transfer;



  • Judgment 1026


    69th Session, 1990
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant's appointment was terminated upon the abolition of his post. The organization offered him 5000 United States dollars in compensation for the delay in dealing with the case. The Tribunal holds that this "does not measure up to the degree of moral and material injury [the organization] has caused the complainant, whose health has grown much worse since termination. The Tribunal believes that more reasonable awards would be $8,000 in damages and $2,000 towards costs."

    Keywords:

    abolition of post; administrative delay; amount; complaint allowed in part; costs; internal appeal; internal appeals body; moral damages; moral injury; terminal entitlements; termination;



  • Judgment 1017


    69th Session, 1990
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Paragraph 3(v) of an IFAD Administrative Instruction on probation under fixed-term appointments reads: "Where it is deemed by the head of department that the staff member's performance is less than satisfactory, he/she will be immediately informed by the head of department that a decision from the President will be sought to terminate his/her services by letting the period of probation lapse." The President's decision to terminate the complainant's appointment at the end of the extended period of probation was flawed by non-compliance with this requirement. because the decision was in breach of the procedural rule, the Tribunal will set it aside and award the complainant substantial compensation for the improper termination of her contract and for moral damages.

    Keywords:

    complaint allowed; decision quashed; duty to inform; flaw; moral damages; moral injury; probation; procedural flaw; termination; unsatisfactory service;



  • Judgment 972


    66th Session, 1989
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Decision

    Extract:

    The decision not to renew the complainant's contract is set aside. The Tribunal holds that in the circumstances reinstatement would not be advisable. It orders the organization to pay the complainant the equivalent of two years' salary as damages for material injury, 25,000 Swiss francs for moral injury and 10,000 Swiss francs as costs.

    Keywords:

    amount; contract; costs; decision quashed; fixed-term; material damages; material injury; moral damages; moral injury; non-renewal of contract;



  • Judgment 946


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "There is no award of moral damages. Since the organization was applying a policy of staff retrenchment required by financial constraints, the non-renewal cannot be deemed to have harmed the complainant's professional reputation. Nor indeed does he offer any evidence of moral injury."

    Keywords:

    abolition of post; contract; evidence; fixed-term; lack of evidence; moral damages; moral injury; non-renewal of contract; professional injury;



  • Judgment 942


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is plain from the evidence now before the Tribunal that the transfer was flawed: first, no objective and impartial inquiry, such as the complainant had been asking for all along, had been carried out beforehand; and, secondly, there was breach of the duty any international organisation owes its staff to treat them with respect for their dignity and good name. The impugned decision must therefore be set aside."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    complaint allowed; decision quashed; flaw; inquiry; moral damages; moral injury; organisation's duties; professional injury; respect for dignity; transfer; working relations;



  • Judgment 843


    63rd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal holds that the transfer, later reversed, to a post three grades lower was unlawful. Although the complainant's attitude may not have been beyond reproach, he suffered moral injury and loss of reputation. Under the circumstances, the amount of compensation provided by the impugned decision is too small and the Tribunal increases it from the equivalent of two to six months' take-home salary.

    Keywords:

    complaint allowed; conduct; downgrading; material damages; moral damages; moral injury; professional injury; suspension; transfer;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "[the] posts and the grade they carried were such that the decision was tantamount to a sanction. an organisation is bound to show due regard to the dignity and good name of its staff".

    Keywords:

    assignment; complaint allowed; complaint allowed in part; downgrading; grade; hidden disciplinary measure; moral injury; organisation's duties; post; professional injury; respect for dignity; transfer;



  • Judgment 781


    60th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Director-General informed the complainant on 25 May 1982 that his appointment as Assistant Director-General would end on 31 May 1983, when he would be transferred. He was on leave from 1 July 1982 to 31 May 1983. On 1 June 1983 he reported for duty at his former office. Shortly thereafter the Inspector-General came to tell him that the Director-General had ordered him to make an inventory of the papers that were in the office. UNESCO submits that the complainant's return to his former office was a "wilful act of defiance and insubordination". The complainant maintains that the organization was in breach of its duty to treat him with respect. The Tribunal finds that the main purpose of the Inspector-General's action was to impose on the complainant a moral sanction unwarranted by anything in the rules or by any factual consideration. Such an attack on his good name within the organization caused moral injury which, because of his senior rank, is the more serious.

    Keywords:

    complaint allowed; moral damages; moral injury; respect for dignity;



  • Judgment 732


    58th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the complaint "would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury. the conditions are not fulfilled. first, the injury to the complainant's credit is not proven. [...] secondly, there is no sufficient causal link between the organization's act and the alleged injury."

    Keywords:

    cause; injury; lack of evidence; material injury; moral injury; organisation;



  • Judgment 724


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The procedure relating to Mr. V.'s first report lasted from 10 September 1980 until 7 June 1983, when the President went back on his decision to approve it. that was far too long. [...] For these reasons, and also in view of his age and record, the Tribunal will award him moral damages".

    Keywords:

    administrative delay; injury; moral damages; moral injury; performance report;

    Consideration 6

    Extract:

    "An official of an international organisation may find that his supervisors do not give him full credit for the talents he sees in himself and that he does not get the promotion he thinks he deserves. That will not as a rule entitle him to damages for moral injury."

    Keywords:

    moral damages; moral injury; qualifications; work appraisal; working relations;



  • Judgment 675


    56th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Having served the organization since 1969, the complainant was seconded for two years to the UNDP in 1980. In 1982 the organization decided not to extend the appointment or the secondment. The Tribunal holds that the organization committed an error of law by assuming that a fixed-term appointment expires automatically on the specified expiration date, and an abuse of power for having terminated the complainant without stating its reasons. The award of damages reflects the especially grave moral injury sustained by the complainant.

    Keywords:

    complaint allowed; contract; decision quashed; discretion; duty to substantiate decision; fixed-term; flaw; legitimate expectation; misuse of authority; moral damages; moral injury; non-renewal of contract; secondment;



  • Judgment 631


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 35

    Extract:

    The Tribunal finds downgrading of function and prejudice. "The complainant has sustained moral damage in that he has been denied the satisfaction of continuing to work in a job of high interest and responsibility which he had himself helped to create and been relegated to a position of lower responsibility and declining importance. This should be marked by a moderate award of money."

    Keywords:

    downgrading; moral damages; moral injury;



  • Judgment 630


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant was inconsiderately left idle. The organisation ought to have done its utmost to set the situation right. "The Tribunal holds that the ilo caused serious injury to the complainant's feelings and reputation and was in breach of its obligations. It shall pay her compensation for moral injury. Inasmuch as it finds the ILO at fault the present judgment itself affords a remedy, but she is also entitled to damages for the serious prejudice she has suffered [...]."

    Keywords:

    allowance; breach; compensation; complaint allowed; complaint allowed in part; misconduct; moral damages; moral injury; organisation; organisation's duties; professional injury; refusal to assign work;



  • Judgment 628


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The decision not to renew the complainant's contract suffers from no procedural defects. The organisation concedes that the complainant's case was mishandled. The chairwoman of the staff union made a strong protest against the treatment of the complainant. The organisation acknowledged that the complainant had been put to unnecessary hardship and it offered him an indemnity equal to six months salary. The complainant claims 20,000 dollars as material compensation for moral damages and grave defamation of character. "This is quite disproportionate to the damage suffered by him. [...] The ILO's offer is fair, and a sum equivalent to six months' salary and family allowance [...] is reasonable compensation."

    Keywords:

    amount; contract; fixed-term; material damages; moral damages; moral injury; non-renewal of contract;



  • Judgment 565


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    It is not enough for a complainant "to allege emotional distress to obtain financial compensation. What the Tribunal will require is that in the circumstances the effect on his feelings should have been appreciably greater than that of the ordinary fortunes of everyday life."

    Keywords:

    condition; moral damages; moral injury;

    Consideration 8

    Extract:

    The complainant has been working in the organisation for 20 years. His advancements in grade have been due either to a reorganisation or to review of his duties. He has sought, in vain, a more senior post. Younger officials have reached higher grades. He has never been awarded a special salary increment. "Accordingly, life being what it is, even though he has misconstrued the reasons for the irregularities in his [performance report], he was particularly affected by them. For the moral injury he has suffered he is entitled to compensation".

    Keywords:

    administrative delay; complaint allowed in part; flaw; injury; moral damages; moral injury; performance report;



  • Judgment 550


    50th Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    the complainant is seeking damages "for distress, moral injury and harm to her reputation, which she says were caused by the administration's actions during the proceedings before the [appeals] board and the tribunal. there is no allusion to such a claim in the board's report or in any of the other items of evidence [...] the tribunal therefore cannot tell with certainty whether the internal means of redress have been exhausted. but [...] even if receivable, the claim is devoid of merit."

    Keywords:

    moral injury; new claim; professional injury; receivability of the complaint;

    Consideration 9

    Extract:

    "Friction, in greater or lesser degree, is the inevitable adjunct of everyday life and to award restitution for every sort of emotional distress would be to invite ceaseless litigation. Only exceptional circumstances warrant compensation for such distress, and there are none in this case."

    Keywords:

    exception; moral damages; moral injury;

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Last updated: 19.09.2019 ^ top