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: 378

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 | next >

  • Judgment 4643


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his contract during the probationary period and seeks adequate compensation for the injury he alleges he suffered.

    Consideration 11

    Extract:

    According to the case law of the Tribunal, in relation to damages and in particular to moral damages, the complainant bears the burden of proof (see Judgment 4156, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 4156

    Keywords:

    burden of proof; moral injury;



  • Judgment 4637


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his staff report for 2014.

    Consideration 19

    Extract:

    [T]he complainantís claim for compensation for the serious moral injury he allegedly suffered will not be granted. The Tribunal recalls that, with regard to damages, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act adversely affecting her or him, and of the causal link between the unlawful act and the injury (for example, Judgments 4158, consideration 7, 4157, consideration 9, and 4156, considerations 5 and 6). In no event has evidence been provided of an unlawful act in the present case.

    Reference(s)

    ILOAT Judgment(s): 4156, 4157, 4158

    Keywords:

    injury; moral injury;



  • Judgment 4635


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to reject his internal appeal in which he requested that an expert in occupational diseases be consulted.

    Consideration 7

    Extract:

    To support his claim for moral damages, the complainant refers to the anxiety, insecurity and stress that were caused to him by the intention, which he believes he can attribute to the EPO, of ďmanipulating the proceedingsĒ and deploying ďdelaying tacticsĒ with the aim of causing detriment to him. However, the Tribunal observes that the complainantís submissions show that the actions giving rise to these accusations are essentially decisions taken by the Organisationís services in the normal course of a procedure for recognising whether invalidity is attributable to an occupational disease, and it is the complainantís misconstruction [...] of Article 90(3) of the Service Regulations that is likely to have led him to perceive these actions as manipulative or tactical.

    Keywords:

    moral injury;

    Consideration 8

    Extract:

    [I]n respect of the claim for compensation owing to the undue length of the internal appeal procedure, which by contrast must be considered in this judgment, the Tribunal recalls that, under its case law, the amount of compensation liable to be granted under this head ordinarily depends on two essential considerations, namely the length of the delay and the effect of the delay on the employee concerned (see, for example, Judgments 4178, consideration 15, 4100, consideration 7, or 3160, consideration 17).
    In this case, the period of around seven years and nine months between the submission of the internal appeal on 15 April 2011 and the decision on it of 18 January 2019 is, in itself, clearly excessive. However, the Tribunal observes that the injury caused to the complainant by that delay was substantially diminished by the circumstance [...] that his appeal had become moot by November 2015 at the latest. Moreover, the fact that the appeal was directed, as has been stated, against an act which did not in itself adversely affect the complainant also puts into perspective the injury caused by the delay in considering that appeal (see inter alia on this point Judgment 4493, consideration 9). In the particular circumstances of the case, the Tribunal therefore considers that the compensation in the amount of 350 euros that the complainant has already received pursuant to the impugned decision suffices to redress the injury thus caused.

    Reference(s)

    ILOAT Judgment(s): 3160, 4100, 4178, 4493

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4631


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to treat his participation in a strike as an unauthorised absence and the decision to issue him a reprimand for subsequent unauthorised absences on days when he was likewise participating in strikes.

    Judgment keywords

    Keywords:

    complaint dismissed; moral injury; strike;

    Consideration 2

    Extract:

    Much of the argument of the complainant in his pleas appears to proceed on the premise that if there was a legal error attending a decision, or delay in the making of a decision, or delay in the finalisation of an appeal or proceedings in the Tribunal, then, without more, an entitlement to moral damages arises. As noted in another judgment given this session (Judgment 4644, under 7), this premise is incorrect. Moral damages are awarded for moral injury and the complainant bears the burden of proving that injury and the causal link with the unlawful conduct of the defendant organisation (see, for example, Judgments 4157, consideration 7, 4156, consideration 5, 3778, consideration 4, and 2471, consideration 5). Delay, of itself, does not entitle a complainant to moral damages (see, for example, Judgments 4487, consideration 14, 4396, consideration 12, 4231, consideration 15, and 4147, consideration 13). Without attempting to describe, exhaustively, what might constitute moral injury, it includes emotional distress, anxiety, stress, anguish and hardship (see, for example, Judgments 4519, consideration 14, 4156, consideration 6, and 3138, considerations 8 and 14). There is no persuasive evidence of moral injury to the complainant (beyond the moral injury for a threat of the same character as compensated in Judgment 4433 and for which compensation has already been paid to the complainant) in respect of any of the events for which he seeks moral damages caused by the conduct of the EPO, even if unlawful. Specifically, the complainantís claim for moral damages because of the apparently hypocritical nature (as he alleges) of the EPOís additional submissions in these proceedings is plainly untenable. Accordingly, his complaints should, insofar as the complainant seeks moral damages, be dismissed.

    Reference(s)

    ILOAT Judgment(s): 2471, 3138, 3778, 4147, 4156, 4157, 4231, 4396, 4433, 4487, 4519, 4644

    Keywords:

    delay; moral damages; moral injury;



  • Judgment 4626


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rules introduced with effect from 1 July 2013 governing the exercise of the right to strike at the European Patent Office.

    Judgment keywords

    Keywords:

    complaint dismissed; moral injury; strike;

    Consideration 4

    Extract:

    Much of the argument of the complainant in his pleas concerning moral damages appears to proceed on the premise that if there was a legal error attending a decision, or delay in the making of a decision, or delay in the finalisation of an appeal or proceedings in the Tribunal, then, without more, an entitlement to moral damages arises. As noted in another judgment given this session (Judgment 4644, under 7), this premise is incorrect. Moral damages are awarded for moral injury and the complainant bears the burden of proving that injury and the causal link with the unlawful conduct of the defendant organisation (see, for example, Judgments 4157, consideration 7, 4156, consideration 5, 3778, consideration 4, and 2471, consideration 5). Delay, of itself, does not entitle a complainant to moral damages (see, for example, Judgments 4487, consideration 14, 4396, consideration 12, 4231, consideration 15, and 4147, consideration 13). Without attempting to describe, exhaustively, what might constitute moral injury, it includes emotional distress, anxiety, stress, anguish and hardship (see, for example, Judgments 4519, consideration 14, 4156, consideration 6, and 3138, considerations 8 and 14). There is no persuasive evidence of moral injury to the complainant (beyond the moral injury for the injurious impact of Circular No. 347 on his right to strike of the same character as compensated in Judgment 4430 and for which compensation has already been paid to the complainant) in respect of any of the events for which he seeks moral damages caused by the conduct of the EPO, even if unlawful. Accordingly, his complaint should, insofar as the complainant seeks moral damages for himself, be dismissed.

    Reference(s)

    ILOAT Judgment(s): 3138, 3778, 4147, 4156, 4157, 4231, 4396, 4487, 4519, 4644

    Keywords:

    delay; moral damages; moral injury;



  • Judgment 4622


    135th Session, 2023
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her appointment for reasons of health.

    Consideration 18

    Extract:

    The unlawful termination of the complainantís appointment also caused her significant moral injury owing to its intrinsic nature, serious consequences and the breach of her rights that accompanied its adoption. That injury also warrants redress. As the complainant correctly states, the injury was further exacerbated by the length of the administrative procedures, which lasted more than five years from the instigation of the first attempt to terminate her appointment in January 2013 until the adoption of the decision of 9 May 2018, even without taking into account the subsequent internal appeal procedure. The slowness of the procedures, which their complexity, referred to by the Organization, is not sufficient to fully justify, had the effect of unduly placing the complainant in a situation of prolonged, inherently stressful uncertainty regarding the future of her employment with the Organization. In the circumstances of the case, the Tribunal considers that the moral injury will be fairly and entirely redressed by awarding the complainant damages in the amount of 30,000 Swiss francs under this head.

    Keywords:

    delay; moral injury;



  • Judgment 4619


    135th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to place her on a roster.

    Consideration 10

    Extract:

    [T]he Tribunal considers that it is unnecessary to pay the complainant, as she requests, further compensation on account of the Organizationís alleged abusive and harassing tone in the proceedings before the Tribunal.

    Keywords:

    moral injury; procedure before the tribunal;



  • Judgment 4618


    135th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the outcome of two selection procedures in which she took part.

    Consideration 10

    Extract:

    [T]he Tribunal considers that it is unnecessary to pay the complainant, as she requests, further compensation on account of the Organizationís allegedly unreasonable and harassing tone in the proceedings before the Tribunal.

    Keywords:

    moral injury; procedure before the tribunal;

    Consideration 9

    Extract:

    Whatever the eventual outcome of this dispute, the unlawful refusal to submit the complainantís appeal to the Joint Appeals Committee has had the effect of delaying its final settlement. That decision has, in itself, caused the complainant injury that will be fairly redressed by ordering Interpol to pay her compensation [...].

    Keywords:

    injury; moral injury;



  • Judgment 4609


    135th Session, 2023
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the new decision taken by UNESCO pursuant to Judgment 3936 in the context of her appeal against the decision to transfer her to Paris.

    Consideration 16

    Extract:

    [T]he complainant is right in contending that the unlawfulness of the impugned decision caused her moral injury. The lack of advance information provided to the complainant about the content of the new duties she was to assume and the unduly short period of time she was given to take up her new post in Paris were such as to cause her stress and anxiety and adversely affected her rights and her dignity, which is characteristic of that form of injury.

    Keywords:

    duty to inform; moral injury; notification; post description; time limit; transfer;



  • Judgment 4591


    135th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the reduction in the amount of his functional allowance calculated in proportion to the reduction in his working hours.

    Consideration 7

    Extract:

    The Tribunal considers [...] that the complainant has failed to establish, particularly in view of the small amount of money at stake compared with the amount of his remuneration, that the time taken to issue a decision on his internal complaint caused him any moral damage (see, to the same effect, Judgments 4487, consideration 14, and 4469, consideration 16).

    Reference(s)

    ILOAT Judgment(s): 4469, 4487

    Keywords:

    delay; moral injury;



  • Judgment 4586


    135th Session, 2023
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to convert his suspension with pay into a suspension without pay pending an investigation for misconduct against him, as well as the overall length of his suspension.

    Consideration 16

    Extract:

    By prolonging the suspension without pay unlawfully, the Organization caused the complainant moral injury. This must be redressed by way of moral damages as the complainant has articulated the effects which the decision to convert his suspension with pay into a suspension without pay and the length of such suspension had on him.

    Keywords:

    moral damages; moral injury;



  • Judgment 4559


    134th Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the refusal to grant him retroactively two days of annual leave as compensation for two days worked during that leave.

    Consideration 13

    Extract:

    [A]s regards moral damages for the undue length of the internal appeal procedure, the Tribunal notes that the complainant has already received an award of 200 euros under this head, pursuant to the impugned decision. The complainant does not establish convincingly in his submissions that he suffered injury warranting a greater amount in redress. This claim will therefore be dismissed.

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4556


    134th Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant asks to be provided with a copy of his old medical file.

    Consideration 12

    Extract:

    The Tribunalís case law states in respect of damages that the complainant bears the burden of proof and she or he must provide evidence, in particular, of the causal link between the unlawful act and the alleged injury (for example, Judgment 4156, consideration 5). On this point, in his submissions the complainant alleges affronts to his dignity, integrity and honour, damage to his health, and a lost opportunity to receive better therapy and rehabilitation and improve his relationship with his supervisors owing to the fact that it was physically impossible for the Organisation to provide him with a medical file that it did not possess. However, this injury has not been established, nor has the necessary causal link between the alleged unlawful act and the damages claimed. In these circumstances, it was open to the IAC, in its opinion that was endorsed by the President in his final decision, to take into account only the one element of moral injury it had identified. In the Tribunalís opinion, the compensation of 5,000 euros that the IAC recommended and that the Organisation recognised was due to the complainant constitutes fair redress for that moral injury. The complainantís request for an increase in that amount is unfounded.

    Reference(s)

    ILOAT Judgment(s): 4156

    Keywords:

    medical records; moral injury;



  • Judgment 4554


    134th Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision deriving from the Administrative Councilís decision CA/D 2/15 to require the recipients of the new retirement pension for health reasons to cease performing gainful activities or employment or to refrain from performing such activities or employment.

    Consideration 6

    Extract:

    [T]he Tribunal considers that, by unlawfully rejecting his appeal following a summary procedure for lack of a cause of action, the impugned decision placed the complainant in an uncertain and stressful situation. This resulted in moral injury [...].

    Keywords:

    moral injury;



  • Judgment 4519


    134th Session, 2022
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to suspend her without pay.

    Consideration 14

    Extract:

    The Tribunal observes that the conversion of the initial suspension with pay Ė which, in the light of the evidence, was in itself entirely legitimate Ė into a suspension without pay did not have the effect of significantly exacerbating the damage already inevitably done to the complainantís professional reputation, since, when a member of staff is suspended, that damage arises primarily from the very fact that she or he is removed from duty. However, the sudden and prolonged loss of all pay resulting from that measure was bound to cause the complainant severe anxiety and hardship. Moreover, the unreasonable length of the suspension, considered as a whole, had the effect of keeping the complainant in a protracted state of uncertainty about her professional future, which was especially difficult since she was responsible for a child.

    Keywords:

    moral injury; suspension without pay;



  • Judgment 4514


    134th Session, 2022
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges Eurocontrolís decision to put an end, with retroactive effect, to the top-up sickness insurance cover received by his wife and, consequently, to recover the sums unduly paid by Eurocontrol under that cover.

    Consideration 14

    Extract:

    Regarding moral damages, the Tribunal considers that the cancellation of the recovery of the sum in question is sufficient, in the present case, to compensate the complainant for all the injury he suffered.

    Keywords:

    moral injury; recovery of overpayment;



  • Judgment 4501


    134th Session, 2022
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend her fixed-term appointment beyond its expiry date while she was on sick leave.

    Consideration 8

    Extract:

    [T]he compensation awarded to the complainant in Judgment 4170, which had the effect of rendering moot the financial claims made in her appeal, had thus removed the essential issue from the dispute, which, under the Tribunalís case law, precludes recognition of injury arising from the undue length of the internal appeal procedure (see, for example, on that point, Judgment 4493, considerations 8 and 9).

    Reference(s)

    ILOAT Judgment(s): 4170, 4493

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4493


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to award him moral damages for the length of the internal appeal procedure.

    Judgment keywords

    Keywords:

    complaint dismissed; delay in internal procedure; moral injury;

    Considerations 7-8

    Extract:

    The Tribunalís case law has consistently stated that the complainant shall produce evidence of the injury suffered and of the causal link between the length of the procedure and the injury (see Judgment 4306, at consideration 19, recalling the principle also set out in Judgment 1942, consideration 6):
    ď[The complainant] provides no evidence of emotional distress or of any other injury or loss suffered. The case law, for example in consideration 5 of Judgment 4156, requires a complainant to provide evidence of the injury suffered as a result of alleged unlawful acts. In the premises, the Tribunal finds that the complainant is not entitled to an award of moral damages [...]Ē
    According to the Tribunalís case law, the Tribunal does not automatically grant moral damages for excessive delay. The complainant has to articulate the adverse effects of the delay and support them with evidence. The Tribunal observes that in the present case, the complainant eventually achieved the expected productivity factor and his productivity was thus evaluated as ďgoodĒ in his staff report for 2006-2007. The warning letter was also removed from the complainantís personal file in October 2012. There is no evidence showing that the length of the appeal proceedings had an adverse consequence on the complainantís career, or caused the complainant to sustain psychological pressure, stress, anxiety, or other moral injury in his professional and personal life. It is obviously not sufficient for the complainant merely to adduce his testimony to allege the injury.

    Reference(s)

    ILOAT Judgment(s): 1942, 4156, 4306

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4491


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her with immediate effect for serious misconduct.

    Consideration 23

    Extract:

    [There was] manifest moral damage, involving considerable personal distress, occasioned to the complainant by her being investigated, charged with fraudulent misconduct, found to have engaged in that misconduct and ultimately dismissed. Those moral damages are assessed in the sum of 30,000 euros.

    Keywords:

    disciplinary procedure; misconduct; moral injury;



  • Judgment 4490


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of damages awarded for the unlawful decision not to renew her fixed-term contract as a Principal Director and to reinstate her in a lower-level post instead.

    Consideration 18

    Extract:

    The complainantís claim to moral damages is not dependent on the complainant proving harassment, as the Appeals Committee believed. It is tolerably clear from the terms of the complainantís letter of resignation of 29 April 2014 and the contemporaneous medical certificate from her treating physician (the contents of neither, as they related to the effect of events on the complainant, were challenged by the EPO) that the decision to abolish her post and not to renew her Principal Director contract had a serious and negative effect on the complainantís health and well-being culminating in her resignation.

    Keywords:

    moral injury; non-renewal of contract; resignation;

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 | next >


 
Last updated: 01.06.2023 ^ top