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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 189

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  • Judgment 509


    48th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "[the complainant] also seeks protection against defamation. there is, however, nothing in the written evidence to suggest that aspersions have been cast on her honour at any point in the proceedings."

    Keywords:

    lack of evidence; moral injury; respect for dignity;



  • Judgment 494


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 10

    Extract:

    "there is no indication in the dossier that if the proper procedure had been observed before termination the complainant would have made use of it to change her attitude; and she has in fact declined reinstatement. she has not therefore shown any financial loss that she would not have incurred anyway. "it may well be that, as she alleges, 'because of the abrupt manner in which she was terminated, there has been speculation that she was engaged in some wrong doing.' she is entitled to a sum sufficient to mark the fact that her dismissal was illegal."

    Keywords:

    flaw; lack of injury; material injury; moral injury; offer; procedural flaw; refusal; reinstatement; termination; transfer;

    Summary

    Extract:

    The complainant refused to comply with a change of duty station. She was dismissed in an abrupt and precipitate manner. The transfer in question was warranted on independent grounds; no proof of prejudice has been given; the complainant was able to study the post description which had been offered to her. No claim for compensation based on the invalidity of the transfer. But compensation for moral prejudice plus costs.

    Keywords:

    complaint allowed; moral damages; moral injury; refusal; termination; transfer;



  • Judgment 476


    47th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Even where it has no reason to set a decision aside, the Tribunal may award moral damages to a complainant who, on account of injury to his dignity and reputation, has suffered serious prejudice such as to hamper his career."

    Keywords:

    condition; moral damages; moral injury; professional injury; respect for dignity;



  • Judgment 470


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "That a staff member should have been the subject of a flawed decision does not alone entitle him to compensation for moral prejudice. For that he must have suffered more severe prejudice than that normally caused by an improper decision." In this case the impugned decision "is unlikely to have had abnormal effects. In any event, insofar as it was based on lack of funds it was in no way humiliating. Moreover, the moral prejudice [...] has been mitigated by his appointment with the government".

    Keywords:

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



  • Judgment 450


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the decision to transfer the complainant falls within the scope of the director's discretionary authority and, in view of her shortcomings and strained relations with her supervisors, that decision does not appear to be flawed. nor has any causal link been established between her trade union activities and the decision to transfer her. the circumstances which gave rise to the moral injury for which she claims compensation were ones that the complainant was at least in part responsible for. the organization may not therefore be held liable. the complaint is dismissed.

    Keywords:

    cause; complainant; moral injury; staff union activity; transfer;

    Consideration 13

    Extract:

    "Even if the challenged decision suffers from no flaw which warrants quashing it, a staff member will be awarded compensation for any especially grave moral prejudice caused by the organisation's action".

    Keywords:

    condition; moral damages; moral injury;



  • Judgment 447


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The impugned decision did not take account of the complainant's particular interests and was tainted with bias. The impugned decision is unlawful and the complainant is therefore entitled to compensation for moral prejudice provided that there was serious injury to her feelings. She was certainly affected by the suddenness of the decision, which she regarded as unfair punishment. moreover, her reputation very probably did suffer. Accordingly, the compensation for moral prejudice is determined ex aequo et bono.

    Keywords:

    bias; complaint allowed; equity; moral damages; moral injury; professional injury; staff member's interest; transfer;

    Consideration 11

    Extract:

    "Where the impugned decision is not unlawful such compensation is due only in exceptional circumstances, viz. where the wrong is especially grave. On the other hand, where the decision is unlawful, the wrong need not be especially grave for an award of compensation for moral prejudice: it is enough for the Tribunal to find a serious wrong."

    Keywords:

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



  • Judgment 442


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    in dismissing all the complainant's claims for relief, the tribunal rejected by implication her claims for compensation for moral prejudice. it did not pass express comment on those claims nor state its reasons for dismissing them. this failure affords a valid ground for review.

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    admissible grounds for review; allowance; application for review; claim; grounds; moral injury; omission to rule on a claim; refusal;



  • Judgment 437


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "For [a claim for damages for moral prejudice] to succeed the organisation's attitude ought to have caused him emotional disturbance beyond that caused by the ordinary setbacks of life." This was not the case; the fault of which he was accused - not keeping proper working hours - did not cast any discredit on him. "Besides, to award damages for moral prejudice would be to allow that the charge was false, and that, on the evidence before it, the tribunal cannot do."

    Keywords:

    condition; moral damages; moral injury; unsatisfactory service; work appraisal;



  • Judgment 427


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19 (D)

    Extract:

    "it is not a simple case of non-renewal. the complainant was the victim of a misconceived charge of misconduct of which the director pronounced him to be guilty. the letter dropping the charge contained no withdrawal or apology and was composed as if the dropping was an act of lenience [...] the illegal use of [the provision respecting special leave] made it appear as if the complainant had been summarily dismissed. [...] by these acts the complainant must have been caused deep distress. on the natural assumption that this course of action was pursued by a director exercising wisdom and impartiality the interested public would inevitably conclude that the complainant had in some way disgraced himself".

    Keywords:

    complaint allowed; contract; decision quashed; fixed-term; lack of evidence; moral injury; non-renewal of contract; professional injury; respect for dignity; serious misconduct;



  • Judgment 393


    43rd Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "It appears from the documents in the dossier that by being improperly rejected in the selection proceedings [for a competition] the complainant suffered, on that account and because of the hostility of [a superior], moral prejudice serious and specific enough to entitle her to damages."

    Keywords:

    bias; competition; complaint allowed in part; flaw; injury; moral damages; moral injury; supervisor;



  • Judgment 388


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    the tribunal "will [...] take account [...] of the material and moral prejudice which the complainant suffered because of the extraordinary dilatoriness of the internal appeal proceedings: the [organization] took an inordinately long time to file its memoranda and reach its final decision and was therefore partly to blame for the delay."

    Keywords:

    administrative delay; internal appeal; material injury; moral injury; negligence; organisation;

    Consideration 9

    Extract:

    It is impossible, several years having elapsed, to determine the precise consequences of the organization's negligence. In view of the existing reservations, it is justified to award the complainant compensation ex aequo et bono. Because of the apparent reluctance of the complainant to seek employment outside the organization and the uncertainty of the effects of the organization's negligence, the Tribunal is inclined to award rather modest damages. But account must also be taken of the material and moral prejudice caused by the inordinately long internal appeal proceedings.

    Keywords:

    administrative delay; amount; injury; internal appeal; material injury; moral damages; moral injury; negligence; organisation; procedure;



  • Judgment 373


    42nd Session, 1979
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the complainant was transferred improperly. "positions which are graded at the same level may nevertheless differ considerably in status and prestige. the tribunal agrees ... that the complainant has lost the professional standing that the post of regional adviser gives. moreover, the transfer was handled in such a way as to give the impression that she was being edged out of her position for reasons unstated; this must have caused her personal distress."

    Keywords:

    complaint allowed; decision quashed; flaw; moral injury; professional injury; transfer;



  • Judgment 367


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    After 20 years of "laudable service", the complainant, a "valuable member of [the organization's] staff" was transferred. The organization, in its treatment of the complainant, failed in its obligation to show due regard for his dignity and reputation; the Director-General's apology did not remedy the situation.

    Keywords:

    complaint allowed; decision quashed; moral injury; organisation's duties; respect for dignity; satisfactory service; transfer;

    Consideration 16

    Extract:

    Some elements of the moral prejudice - the new assignment offered the complainant less congenial and responsible work - "would not attract compensation if the decision to assign him had been valid". Other aspects, "for example, the humiliating way in which the transfer was effected [...] would attract compensation whether or not the decision was valid."

    Keywords:

    assignment; moral damages; moral injury; transfer;

    Consideration 16

    Extract:

    "often distress and disappointment cannot be avoided but, where [they], can be, [they] should be. as in all organisations, the staff member must take the rough with the smooth and there are bound in management to be pieces of clumsiness or tactlessness which can be sufficiently smoothed over by apology or explanation."

    Keywords:

    moral injury; organisation's duties; working relations;



  • Judgment 361


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The Tribunal is not likely to concern itself with cases other than those of grave injury which has been left unredressed. But where such injury has occurred it is not the decision to take the action that is relevant - in substance it may be correct or incorrect - but the decision as to the form in which it should be taken and as to how it shall be executed."

    Keywords:

    injury; moral damages; moral injury; professional injury;

    Consideration 42

    Extract:

    "the tribunal concludes that the injury done to the complainant's feelings and reputation is so grave as to amount to a breach of obligation which calls for compensation. there must also be considered under this head the failure of the organisation to do all that is practicable to see that a staff member is given work and responsibility appropriate to his grade." [the complainant was summarily relieved of his duties as acting director of his division and left idle.]

    Keywords:

    moral injury; organisation's duties; professional injury; refusal to assign work;

    Considerations 43 and 44

    Extract:

    The Director-General's decisions are valid, but not the manner in which they were implemented. The administration could have made it clear that the complainant was a victim of the reorganisation and was not to blame. Its silence made the situation even more distressing. "Accordingly, the claim for compensation for moral damage is allowed. Since money is to be the only form of redress, the amount must be sufficient to mark the gravity of the injury."

    Keywords:

    complaint allowed in part; decision; grounds; injury; moral damages; moral injury; professional injury; reorganisation; transfer;

    Consideration 9

    Extract:

    vide judgment 367, consideration 16.

    Keywords:

    moral injury; organisation's duties; working relations;

    Consideration 40

    Extract:

    to find moral prejudice in the manner of execution of the impugned decisions, none of which has been invalidated, "is to take a very exceptional course and one which can be taken ... only in circumstances in which grave injury of a kind likely to impair a staff member's career has been left unredressed."

    Keywords:

    damages; exception; injury; moral injury; professional injury;



  • Judgment 311


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The circumstances in which the complainant was transferred are such as to warrant payment of damages for the moral prejudice he suffered. Damages will be fairly set at 10,000 Swiss francs."

    Keywords:

    amount; moral damages; moral injury; transfer;



  • Judgment 243


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "it appears ... from the dossier that although his supervisors expressed a justifiably low opinion of his work, their assessments were expressed in perfectly proper language in no way calculated to cause him any emotional upset."

    Keywords:

    discretion; moral injury; performance report; unsatisfactory service; work appraisal;



  • Judgment 210


    30th Session, 1973
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "the ignominy of summary dismissal and its effect upon the complainant's prospects are heavy additions to the consequences that inevitably flow from the termination of employment..."

    Keywords:

    moral injury; professional injury; summary dismissal;



  • Judgment 195


    29th Session, 1972
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant's appointment was not renewed because the government concerned did not favour his return to the regional office. there is evidence of strong and unjustifiable prejudice against the complainant. the organization failed in its duty to bring to the attention of the government concerned all relevant matters of the case. the complainant is awarded an indemnity of us $20,000 for moral and material damage.

    Keywords:

    bias; complaint allowed; contract; damages; decision quashed; fixed-term; material injury; moral injury; non-renewal of contract; persona non grata;

    Consideration 5

    Extract:

    in the instant case "the moral damage consists of the injury done to [the complainant's] reputation and which flows from the unjustifiable prejudice" of a senior official.

    Keywords:

    bias; moral injury;



  • Judgment 176


    26th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The liability of the organization to pay compensation is established by Judgment No. 136 [under two heads:] [...] compensation to the complainant for the non-renewal of his contract [...] and compensation for moral damage for illegal suspension from duty."

    Reference(s)

    ILOAT Judgment(s): 136

    Keywords:

    contract; execution of judgment; fixed-term; injury; judgment of the tribunal; material damages; moral damages; moral injury; non-renewal of contract; suspension;

    Consideration 5

    Extract:

    "The essence of the moral damage claimed lies in the fact of the abrupt and summary suspension which is not denied. It would not be right to relate the assessment under this head exclusively to the basic salary. Distress and moral prejudice may be as great to a man on a small salary as to a man on a large one. But the rate of salary affords a guideline and the six months' salary offered by the organization under this head is in the opinion of the Tribunal approximately correct."

    Keywords:

    amount; contract; criteria; fixed-term; injury; moral damages; moral injury; suspension;



  • Judgment 172


    26th Session, 1971
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant, who was dismissed without inquiry on the basis of unsupported allegations, is entitled to "a sum in respect of the disturbance of his living conditions and family life which the [Director-General] unlawfully caused him and in respect of the moral injury which he suffered on account of the unjust charges brought against him. Considering that he obtained equivalent employment fairly soon, the injury will be fairly assessed by awarding compensation amounting to 15,000 French francs."

    Keywords:

    amount; complaint allowed; contract; decision quashed; fixed-term; injury; inquiry; lack of evidence; material damages; moral injury; serious misconduct; termination;

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