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 damages (692,-666)

You searched for:
Keywords: Moral damages
Total judgments found: 196

1, 2, 3, 4, 5, 6, 7, 8, 9, 10 | next >

  • Judgment 4181


    128th Session, 2019
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the failure by the ICC to complete his performance appraisal in conformity with the applicable statutory provisions.

    Consideration 9

    Extract:

    The complainant will be awarded 5,000 euros given the doubtless importance to the complainant of receiving the appraisal in a timely manner, particularly having regard to the impending reorganisation and his need to equip himself to secure a position within the reorganised Registry.

    Keywords:

    moral damages; performance evaluation;



  • Judgment 4178


    128th Session, 2019
    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 a promotion in the 2014 professional promotion exercise.

    Consideration 14

    Extract:

    As was stated in Judgment 3353, consideration 26, “[a]n organisation must care for the dignity of its staff members and not cause them unnecessary personal distress and disappointment where this could be avoided”. Although the Administration remedied the error itself, as a result of the breach of the provision and the unnecessary communication to the complainant, undoubtedly, the complainant was deeply disappointed by his non-promotion and understandably distressed not knowing for an inordinate amount of time about what had led to him not being promoted for which the complainant is entitled to an award of moral damages [...].

    Reference(s)

    ILOAT Judgment(s): 3353

    Keywords:

    injury; moral damages; respect for dignity;

    Consideration 15

    Extract:

    It is well settled in the case law that internal appeals must be conducted with due diligence and in a manner consistent with the duty of care an international organisation owes to its staff members (see, for example, Judgments 3160, consideration 16, 3582, consideration 3, and 3688, consideration 11). In Judgment 3160, consideration 17, the Tribunal also observed that “[t]he amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations” namely, the length of the delay and the effect of the delay. The complainant submits that he has suffered pain and distress, including as a result of the delay in the internal grievance procedures. It is observed that the FAO did not make a submission in relation to the delay in the appeal process. Accordingly, the complainant is entitled to moral damages [...].

    Reference(s)

    ILOAT Judgment(s): 3160, 3582, 3688

    Keywords:

    delay; moral damages;



  • Judgment 4177


    128th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term appointment for health reasons.

    Consideration 19

    Extract:

    Requests for moral damages must be properly motivated.

    Keywords:

    moral damages;



  • Judgment 4170


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her performance reports for the 2010-2011 biennium and the decisions to defer her within-grade salary increment until 1 February 2012, to withhold that increment on that date and to not renew her fixed-term appointment for unsatisfactory service.

    Consideration 17

    Extract:

    [T]he unlawful nature of the decisions concerning the complainant’s unfavourable performance rating and the non-renewal of her appointment caused her substantial moral injury.
    Given, in particular, the damage to the complainant’s professional reputation caused by the grounds on which her employment with the Organization was terminated, and the lack of care with which, according to the evidence, the Organization at times treated her in this matter, the Tribunal considers it appropriate to award her 10,000 euros in compensation under this head.

    Keywords:

    moral damages;



  • Judgment 4147


    128th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to retain his candidature for a post.

    Consideration 13

    Extract:

    The consistent case law of the Tribunal has it that the amount of compensation for unreasonable delay will ordinarily be influenced by the interrelated considerations of the length of the delay and the effect of the delay (see Judgments 3160, under 17, 3582, under 4, 3688, under 12, and 3879, under 5). In the present case, the complainant has not articulated what impact the delay has had on him. Accordingly, no award of moral damages will be made.

    Reference(s)

    ILOAT Judgment(s): 3160, 3582, 3688, 3879

    Keywords:

    delay; internal procedure; moral damages;



  • Judgment 4117


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the finding that his invalidity was not caused by an occupational disease.

    Consideration 9

    Extract:

    Even though damages were sought by the complainant, no arguments were advanced in the pleas about the nature of the damages, the reasons for awarding them and the appropriate quantum. Accordingly, no damages will be awarded.

    Keywords:

    moral damages;



  • Judgment 4115


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to downgrade him for serious misconduct.

    Consideration 15

    Extract:

    The complainant sought moral damages by way of relief but advanced no evidence, or even argument, to support this claim.

    Keywords:

    evidence; moral damages;



  • Judgment 4111


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.

    Consideration 8

    Extract:

    Where an investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have his harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay him 15,000 Swiss francs in compensation.

    Keywords:

    flaw; harassment; inquiry; moral damages; moral injury;

    Consideration 9

    Extract:

    [...] Although it must be taken into account that the complainant took a month to provide his comments and that HRD asked the investigator to respond to them, which may have taken some time, the Tribunal considers that, in view of the circumstances of the case, a period of nine months between the submission of the findings of the investigation and the notification of the decision of HRD is excessive. Harassment cases should be treated as quickly and efficiently as possible, in order to protect staff members from unnecessary suffering, but attention must also to thoroughness and procedure (see Judgment 3447, consideration 7).
    The moral injury thus caused to the complainant will be fairly redressed by awarding him compensation in the amount of 1,000 Swiss francs.

    Reference(s)

    ILOAT Judgment(s): 3447

    Keywords:

    delay; harassment; inquiry; moral damages; moral injury; procedure;

    Consideration 10

    Extract:

    As to the proceedings before the JAAB, they were also seriously delayed. Whereas the grievance was filed on 21 August 2014, the JAAB’s report was issued on 1 April 2016. Both the JAAB and the ILO have admitted this delay, which the Director-General agreed, in the impugned decision, to compensate in the amount of 2,500 Swiss francs.

    Keywords:

    delay in internal procedure; moral damages;



  • Judgment 4110


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.

    Consideration 10

    Extract:

    As to the proceedings before the JAAB, they were also seriously delayed. Whereas the grievance was filed on 1 September 2014, the JAAB’s report was issued on 1 April 2016. Both the JAAB and the ILO have admitted this delay, which the Director-General agreed, in the impugned decision, to compensate in the amount of 2,500 Swiss francs.

    Keywords:

    delay in internal procedure; moral damages;

    Consideration 9

    Extract:

    Although it must be taken into account that the complainant took a month to provide his comments and that HRD asked the investigator to respond to them, which may have taken some time, the Tribunal considers that, in view of the circumstances of the case, a period of nine months between the submission of the findings of the investigation and the notification of the decision of HRD is excessive. Harassment cases should be treated as quickly and efficiently as possible, in order to protect staff members from unnecessary suffering, but attention must also be paid to thoroughness and procedure (see Judgment 3447, consideration 7).
    The moral injury thus caused to the complainant will be fairly redressed by awarding him compensation in the amount of 1,000 Swiss francs.

    Reference(s)

    ILOAT Judgment(s): 3447

    Keywords:

    delay in internal procedure; harassment; inquiry; moral damages; moral injury;

    Consideration 8

    Extract:

    Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have his harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay him 15,000 Swiss francs in compensation.

    Keywords:

    harassment; inquiry; moral damages; moral injury;



  • Judgment 4109


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.

    Consideration 8

    Extract:

    Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have her harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay her 15,000 Swiss francs in compensation.

    Keywords:

    flaw; harassment; inquiry; moral damages; moral injury;

    Consideration 10

    Extract:

    As to the proceedings before the JAAB, they were also seriously delayed. Whereas the grievance was filed on 21 August 2014, the JAAB’s report was issued on 1 April 2016. Both the JAAB and the ILO have admitted this delay, which the Director-General agreed, in the impugned decision, to compensate in the amount of 2,500 Swiss francs.

    Keywords:

    delay in internal procedure; moral damages;



  • Judgment 4108


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.

    Consideration 8

    Extract:

    Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have her harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay her 15,000 Swiss francs in compensation.

    Keywords:

    flaw; harassment; inquiry; moral damages; moral injury;

    Consideration 10

    Extract:

    As to the proceedings before the JAAB, they were also seriously delayed. Whereas the grievance was filed on 21 August 2014, the JAAB’s report was issued on 1 April 2016. Both the JAAB and the ILO have admitted this delay, which the Director-General agreed, in the impugned decision, to compensate in the amount of 2,500 Swiss francs.

    Keywords:

    delay in internal procedure; moral damages;



  • Judgment 4102


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the ILO’s failure to take a final decision on her job grading appeal and the failure to grant her a contract without limit of time.

    Consideration 7

    Extract:

    In awarding moral damages, the Tribunal takes into consideration that the Administration, in its letter of 6 March 2017, recognized its egregious administrative oversights and therefore decided to pay the complainant immediately 20,000 Swiss francs, and that the Director-General offered his sincere apologies.
    Taking into account that the complainant requested in 2009 that her job be graded at the G.4 level, that on 10 May 2017 a final decision had not yet been taken, that there was a failure to exercise a duty of care on the part of the Administration, which has failed to act for a long time, and that the issue was of great importance for the complainant, the Tribunal decides to award her 16,000 Swiss francs in moral damages in addition to the 20,000 Swiss francs already paid by the Organization.

    Keywords:

    delay in internal procedure; duty of care; moral damages;



  • Judgment 4095


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish his post and to terminate his fixed-term contract.

    Consideration 3

    Extract:

    [...] In some cases the discrepancy between the amount claimed in an internal appeal and the amount claimed in the proceedings before the Tribunal sustains a conclusion that what is claimed in the latter proceedings is a new claim and irreceivable (see, for example, Judgment 3997, considerations 3 to 6). In other cases it might be difficult to characterise the claim for a larger amount in the Tribunal as a new claim. Nonetheless, in the absence of an explanation for the increased amount, the Tribunal has set its face against a complainant pursuing the larger amount (see, for example, Judgment 3419, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 3419, 3997

    Keywords:

    material damages; moral damages; new claim;



  • Judgment 4090


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the processing of his application for a disability benefit and the calculation of his sick leave entitlements.

    Consideration 15

    Extract:

    The complainant is entitled to moral damages for the delay in the consideration of his application for a disability benefit arising from the IAEA’s breach of its duty of care. The Tribunal takes into account the fact that, but for the delay, he may have been in receipt of the disability benefit earlier.

    Keywords:

    delay; disability benefit; duty of care; moral damages;



  • Judgment 4086


    127th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to maintain her contested job description.

    Consideration 16

    Extract:

    [I]nasmuch as the complainant was awarded moral damages in Judgment 4084 for essentially the same breach, moral damages will not be awarded for this claim in the present complaint.

    Reference(s)

    ILOAT Judgment(s): 4084

    Keywords:

    moral damages; res judicata;



  • Judgment 4079


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed an application for interpretation and review of Judgment 3930 and the complainant in that case filed an application for execution of that judgment.

    Consideration 24

    Extract:

    The delay in fully executing Judgment 3930 has caused the complainant moral injury. In awarding moral damages, the Tribunal takes into particular account the following: the duration of the delay, the fact that there was no need to seek a decision from the Council of Administration to authorize the execution of a judgment of the Tribunal, particularly when the budget was already approved for payments of awards, and the misleading presentation made by the International Bureau (in the presentation to the Council of Administration debating whether or not to execute the judgment) that the complainant’s illness was feigned. The International Bureau acted without presenting any evidence from a medical board and without having completed a disciplinary proceeding with regard to that unproven allegation, in violation of its duty of care and in breach of the adversarial principle. The UPU must respect the dignity of its staff members and preserve their reputation.

    Reference(s)

    ILOAT Judgment(s): 3930

    Keywords:

    delay in payment; duty of care; execution of judgment; moral damages; moral injury; respect for dignity;



  • Judgment 4078


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed an application for interpretation and review of Judgment 3929 and the complainant in that case filed an application for execution of that judgment.

    Consideration 24

    Extract:

    The delay in fully executing Judgment 3929 has caused the complainant moral injury. In awarding moral damages, the Tribunal takes into particular account the following: the duration of the delay and the fact that there was no need to seek a decision from the Council of Administration to authorize the execution of a judgment of the Tribunal, particularly when the budget was already approved for payments of awards.

    Reference(s)

    ILOAT Judgment(s): 3929

    Keywords:

    delay in payment; execution of judgment; moral damages; moral injury;



  • Judgment 4076


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed and application for interpretation and review of Judgment 3927 and the complainant in that case filed an application for execution of that judgment.

    Consideration 15

    Extract:

    The unnecessary delay in executing Judgment 3927 has caused the complainant moral injury, for which she is entitled to moral damages that the Tribunal sets in the amount of 1,000 Swiss francs.

    Reference(s)

    ILOAT Judgment(s): 3927

    Keywords:

    delay in payment; execution of judgment; moral damages; moral injury;



  • Judgment 4074


    127th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to review or amend the separation agreement offered to him and to terminate his appointment without the appropriate financial package.

    Consideration 15

    Extract:

    Without descending into detail having regard to the position of the Global Fund referred to in the preceding consideration, the advancing of the practical end date of the complainant’s employment [...] was peremptory, without adequate explanation and was conducted in a way including a request that the complainant immediately leave the premises, that did not respect the complainant’s dignity. While he alleges this effect, the complainant has not proved to the satisfaction of the Tribunal any damage to his career or reputation. The complainant is entitled to moral damages assessed in the sum of 30,000 Swiss francs and which reflect that he was a senior executive brought in to assist the organisation during change and had, it clearly appears, performed at the high level expected of him. The level of damages should reflect that this was the context in which he was very poorly treated at the time he was summarily excluded from the organisation and following.

    Keywords:

    moral damages; respect for dignity;



  • Judgment 4069


    127th Session, 2019
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the direct appointment of Mr D. and Mr A. to two D-2 level posts.

    Consideration 8

    Extract:

    The complainant seeks an award of “actual damages, with full retroactivity, all additional salary, benefits, entitlements, including step increases and pension contributions, and any other emoluments he would have received had he been selected for either of said posts and been promoted to grade D2, from 8 July 2014 (the date of the first irregular direct appointment) through his statutory date of [...] retirement”. There is no basis for such an award which, in effect, would be material damages. Such an award cannot be made on a mere expectation that his application for either post might have been successful. However, he is entitled to 4,000 euros in moral damages for the violation of his right to compete for the posts.

    Keywords:

    material damages; moral damages; selection procedure;

1, 2, 3, 4, 5, 6, 7, 8, 9, 10 | next >


 
Last updated: 19.09.2019 ^ top