ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Moral injury (50,-666)

You searched for:
Keywords: Moral injury
Total judgments found: 310

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 | next >



  • Judgment 3160


    114th Session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the Director-General's decision to reject his appeal concerning breaches of confidentiality.

    Considerations 11 and 15

    Extract:

    "This Tribunal has recognised staff members’ right to privacy. An example is found in Judgment 2271. [...]
    [T]he issue is whether there was a breach of privacy or confidentiality as a result of the disclosure to the Director of PSM/HRM of the fact that the complainant had made an Appendix D claim. The answer is readily found in Judgment 3004 at consideration 6. [...] The disclosure of the mere fact that the claim had been made involved a breach of confidentiality. Being in a similar situation, the complainant should be awarded 4,000 euros as moral damages for breach of confidentiality."

    Reference(s)

    ILOAT Judgment(s): 2271, 3004

    Keywords:

    breach; communication to third party; complaint allowed; complaint allowed in part; confidential evidence; lack of consent; moral injury; organisation's duties;



  • Judgment 3152


    114th Session, 2013
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant applies for execution of Judgments 2867 and 3003.

    Judgment keywords

    Keywords:

    application for execution; complaint allowed; icj; moral injury;



  • Judgment 3151


    113th Session, 2012
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    [A]s the conciliation procedure is outside the [EPO] internal appeals procedure, it cannot be taken into account in the calculation of the delay in the internal appeals procedure.

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 3138


    113th Session, 2012
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    Irrespective of the question of whether the duration of the complainant’s suspension was reasonable, it must be found that the Union breached its duty of care towards her by leaving her in a state of uncertainty […] as to the possible adoption of a disciplinary measure and by not informing her of the solutions it was considering for her professional future, particularly since the decision […] extending her contract “as an interim precautionary measure” was hardly likely to reassure her. This breach of the duty of care caused the complainant moral injury, especially as the ITU itself underscores her psychological frailness.

    Keywords:

    duty of care; moral injury;



  • Judgment 3128


    113th Session, 2012
    Agency for International Trade Information and Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainant is [...] entitled to moral damages in the amount of 5,000 [Swiss] francs for the failure of the Executive Board to provide reasons for its decision to reject his appeal."

    Keywords:

    breach; compensation; complaint allowed in part; duty to substantiate decision; executive body; grounds; internal appeal; moral injury; refusal;



  • Judgment 3114


    113th Session, 2012
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    A year and a half passed following the recommendations before a final decision was reached, and that decision was obtained only after the complainant had lodged an application for execution with the Tribunal. "This delay is manifestly unreasonable. The complainant will be awarded an indemnity, which it is fair to set at 2,000 euros, for the moral injury she has thus been caused."

    Keywords:

    administrative delay; allowance; application for execution; compensation; complaint allowed; decision; internal appeals body; moral injury; reasonable time; recommendation;



  • Judgment 3108


    113th Session, 2012
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    Having submitted his application in good faith, the complainant was entitled to have it considered on its merits and in a timely manner. While it cannot be said that the complainant's contract would have been extended, the Agency's lack of diligence in its consideration of its application effectively foreclosed any possibility to have his contract extended. In these circumstances, he is not entitled to an award of the salary and benefits which he would have received if his contract had been extended as he has claimed. However, he is entitled to moral damages for the flaws identified.

    Keywords:

    delay in internal procedure; material damages; moral injury; retirement age;



  • Judgment 3106


    113th Session, 2012
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The law of defamation is not concerned solely with the question whether a statement is defamatory in the sense that it injures a person’s reputation or tarnishes his or her good name. It is also concerned with the question whether the statement was made in circumstances that afford a defence. Broadly speaking, the defences to a claim in defamation mark out the boundaries of permissible debate and discussion. As a general rule, a statement, even if defamatory in the sense indicated, will not result in liability in defamation if it was made in response to criticism by the person claiming to have been defamed or if it was made in the course of the discussion of a matter of legitimate interest to those to whom the statement was published and, in either case, the extent of the publication was reasonable in the circumstances."

    Keywords:

    complaint allowed in part; freedom of speech; liability; limits; mitigating circumstances; moral injury; publication; respect for dignity;



  • Judgment 3085


    112th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 29, 30 and 33

    Extract:

    As to the complainant’s allegations of sexual harassment, the Panel found that there was insufficient evidence to support a finding of sexual harassment. The Director-General accepted this finding; however, she elaborated further in connection with an incident that occurred at a team meeting to discuss an upcoming training session that would involve a condom demonstration. According to the complainant, when she enquired whether a wooden model would be available for the demonstration, Dr V. replied that she could demonstrate on him. The Director-General noted that the incident occurred in a relaxed friendly atmosphere and that Dr V.’s comment was not directed at the complainant or at anyone else. However, in her view, the comment was in poor taste, showed a lack of good judgement and had no place in a working environment. She added that she would deal with Dr V. in a separate letter to him.
    Whether the complainant’s account or Dr V.’s account as to what transpired at the meeting is accepted, the comment by any standard was offensive and goes beyond being simply a matter of poor taste and bad judgement and amounts to sexual harassment for which the complainant is entitled to moral damages. [...]
    She is also entitled to moral damages for the affront to her dignity occasioned by AFRO’s conduct during the course of her probation and for the incident of sexual harassment referred to in considerations 29 and 30. For these matters the Tribunal will award a global amount of 20,000 dollars.

    Keywords:

    moral injury; sexual harassment;



  • Judgment 3080


    112th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    "[T]he 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 2779, under 7)."

    Reference(s)

    ILOAT reference: Article VII, paragraph 1, of the Statute
    ILOAT Judgment(s): 2609, 2779

    Keywords:

    iloat statute; internal remedies exhausted; moral injury; receivability of the complaint; request by a party;



  • Judgment 3064


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 11

    Extract:

    The complainant submits that the investigation ordered by the Director-General of the ILO into her allegations of harassment was considerably delayed. The ILO admits that "the delay in holding the investigation is inexcusable". Nevertheless, it considers that "[t]he complainant's claims in this respect are [...] groundless", since 3,000 Swiss francs were awarded as compensation for this delay.
    "The Tribunal considers, however, that even if such a sum had been paid promptly and accepted by the complainant, which is not the case, the Organization could not shed its responsibility for the considerable delay in holding the investigation by simply deciding to award the complainant compensation for the injury suffered [...]. The ILO holds that the delay is due, not to the Administration's wish to harm the complainant, but to an error. In the Tribunal's opinion, this fact likewise does not exonerate the Organization or lessen its responsibility, since the error was committed by its Administration. As the [internal appeals body] rightly noted in its report [...] more than 15 months after the Director General's decision there was no information as to the progress of the investigation, or the date on which the investigator would submit his report. Consequently, it must be found that the delay in conducting the investigation caused the complainant moral injury which must be redressed."

    Keywords:

    acceptance; administrative delay; allowance; compensation; complaint allowed; date; delay; duty to inform; harassment; injury; inquiry; internal appeals body; liability; misconduct; moral injury; organisation; organisation's duties; payment; report;



  • Judgment 3038


    111th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    Failure of the parties to reach agreement on the amount of compensation owed to the complainant for the termination of his appointment following a flawed reassignment procedure.
    "The Tribunal finds that the inordinate delay on the part of the Organization, and its conduct during the negotiations, do not reflect the duty that is incumbent on an organisation to negotiate in good faith, or the care it should take in the implementation of a decision. These matters warrant an award of moral damages."

    Keywords:

    compensation; conduct; delay; duty of care; good faith; moral injury; organisation; organisation's duties; settlement out of court;



  • Judgment 3035


    111th Session, 2011
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The complainant was suspended from duty on 4 September 2008.
    "The Tribunal finds that, in maintaining the complainant's suspension by his decision of 6 July 2009, the Director General extended the duration of this suspension beyond the reasonable limit accepted by the case law and thus caused the complainant moral and professional injury."

    Keywords:

    breach; case law; cause; complaint allowed; complaint allowed in part; date; executive head; extension of contract; injury; moral injury; professional injury; reasonable time; suspension;



  • Judgment 3023


    111th Session, 2011
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The Tribunal rejects the plea that the non-observance of the time-limits for the filing of the internal appeal was due to reasons beyond the complainant's control.
    "[T]he complainant claims that she has suffered injury due to the delay in the internal appeals proceedings. The Tribunal notes that the internal appeal took approximately 17 months. Given that the only issue considered in the appeal process was receivability, the Tribunal agrees that there has been undue delay for which the complainant is entitled to moral damages [...]."

    Keywords:

    claim; compensation; complainant; delay; internal appeal; moral injury; reasonable time;



  • Judgment 2982


    110th Session, 2011
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "[The complainant] was replaced virtually immediately even though his contract had somewhat less than two months to run [...] and he had earlier been told that he was to be provided with assistance for the project; he was given no warning of the decision; he was not heard on the question and adequate reasons were not provided. Replacing the complainant in these circumstances constituted '[a]ctions [...] directed at actively damaging [his] personal and/or professional reputation' and, thus, falls within the definition of 'harassment' in General Bulletin No. 1312 of 26 March 2002."

    Reference(s)

    Organization rules reference: IOM General Bulletin No. 1312 of 26 March 2002

    Keywords:

    decision; duty to inform; duty to substantiate decision; harassment; moral injury; organisation's duties; professional injury; reassignment; warning;



  • Judgment 2973


    110th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "By failing to deal with the informal complaints in a manner consistent with its own policy, by failing to conduct an investigation in a timely manner when a formal complaint was filed and then by terminating the investigation, WHO breached its duty of care toward the complainant and caused her serious injury."

    Keywords:

    breach; claim; duty of care; expert inquiry; harassment; inquiry; moral injury; organisation's duties; written rule;



  • Judgment 2931


    109th Session, 2010
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "[I]t was an affront to her dignity and a breach of the principle of equal pay for work of equal value to expect the complainant to work at a post that was graded below the level of the duties actually being performed. For this, she is entitled to moral damages [...]."

    Keywords:

    compensation; equal treatment; grade; moral injury; post; post classification; post description; respect for dignity;



  • Judgment 2904


    108th Session, 2010
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 14 and 15

    Extract:

    The complainant claims compensation for the overall delay involved in this matter.
    "As for the internal appeal process, the Tribunal recalls that the Organization has a duty to maintain a fully functional internal appeals body. Thus, the Committee's statement that 'the alleged delays could not be ascribed to it as they were due to the need for arranging election of new members to the Appeals Committee and the time requirements for this' does not relieve the Organization from responsibility for the delay in the process. According to well-established case law, '[s]ince compliance with internal appeals procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed' (see Judgment 2197, under 33). The first appeal lasted for approximately 16 months, even though it hinged on the simple question of receivability. The entire process to date has stretched over eight years. In the circumstances, the complainant is entitled to be compensated in the amount of 4,000 euros for this delay."

    Reference(s)

    ILOAT Judgment(s): 2197

    Keywords:

    administrative delay; delay; internal appeal; internal appeals body; internal remedies exhausted; moral injury; organisation's duties; reasonable time;



  • Judgment 2884


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "As the Internal Appeals Committee erred in law in finding that it was not necessary to include the use of an assessment centre in the vacancy notice, it follows that the President's decision endorsing this view involves an error of law. This error would ordinarily result in the impugned decision and the underlying selection procedure being set aside. However, having regard to the circumstances and the complainant's failure to demonstrate any link between the breach of the Service Regulations and the outcome of the process, the decision and the process will not be set aside. This should not be construed in any way as condoning the conduct of the EPO. In accordance with its power under Article VIII of the Statute, the Tribunal decides that the complainant is entitled to moral damages in the amount of 10,000 euros for the breach of the Service Regulations of the Office."

    Reference(s)

    ILOAT reference: Article VIII of the Statute

    Keywords:

    breach; competition; competition cancelled; complaint allowed; complaint allowed in part; decision quashed; discretion; flaw; moral injury; staff regulations and rules;



  • Judgment 2861


    107th Session, 2009
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 89

    Extract:

    "There will be an award of moral damages [...], but account will be taken of the complainant's contributing behaviour."

    Keywords:

    complaint allowed; complaint allowed in part; liability; moral injury;

    Considerations 91 and 93

    Extract:

    "[T]he complainant seeks damages for the publication in the [Organization] monthly information bulletin that she had been separated from service, in the English version, and dismissed from service ('démise de ses fonctions') in the French version. The publication of this information was contrary to the Secretary-General's instructions but, even if published negligently, [the Organization] is liable for the damage occasioned to the complainant's reputation and dignity. In this regard, it was said in Judgment 2720 that 'international organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members' (see also Judgments 396, 1875, 2371 and 2475). It was also pointed out in Judgment 2720 that that obligation extends to former staff members."
    "There will be an award of material and moral damages in relation to the publication [...]. However, account will be taken of the facts that the publication resulted from negligence, not malice, that it was speedily withdrawn and that the Secretary-General apologised to the complainant. In Judgment 2720 mentioned above the Tribunal held that, in the case of a continuing duty of an organisation to refrain from any type of conduct that may harm the reputation or dignity of its staff members, the Tribunal may order performance of that duty, including by ordering the publication of material to restore a person's reputation. The complainant seeks an order of that kind in the present case. However, the Tribunal is satisfied that her honour and reputation will be sufficiently vindicated by this judgment and by an award of damages."

    Reference(s)

    ILOAT Judgment(s): 396, 1875, 2371, 2475, 2720

    Keywords:

    compensation; complaint allowed; complaint allowed in part; damages; judgment of the tribunal; material injury; moral injury; negligence; organisation's duties; respect for dignity;

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 | next >


 
Last updated: 02.07.2020 ^ top