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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 366

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  • 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;



  • Judgment 4489


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of moral damages paid to her by the EPO for the decision not to finalise her two performance management reports for 2011 and part of 2012.

    Judgment keywords

    Keywords:

    complaint allowed; moral injury; performance evaluation;



  • Judgment 4487


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the fact that the arrears owed to him in respect of his invalidity allowance, related benefits and unused leave following a retroactive modification of the monthly gross salary scales in December 2012 were not paid to him until January 2013.

    Consideration 14

    Extract:

    The complainant challenges the excessive length of the internal appeal and seeks compensation by way of moral damages, stating that neither the complexity of the case, nor the ancillary partiality objection raised during the internal proceedings justified its length. It is well settled in the Tribunalís 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. The amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations: the length of the delay and the effect of the delay (see Judgment 4229, consideration 5). Delay in an internal appeal concerning a matter of limited seriousness in its impact on the appellant would be likely to be less injurious to the appellant than delay in an appeal concerning an issue of fundamental importance and seriousness in its impact on the appellant (see Judgment 4100, consideration 7). Recent case law holds that an unreasonable delay in an internal appeal is not sufficient to award moral damages. It is also required that the complainant articulate the adverse effects which the delay has caused (see Judgment 4396, consideration 12: ď[n]otwithstanding that there was unreasonable delay in the internal appeal process, the moral damages which the complainant seeks under this head will not be awarded, as he has not articulated the effects which the delay has causedĒ; see also Judgments 4147, consideration 13, 4231, consideration 15, and 4392, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 4100, 4147, 4229, 4231, 4392, 4396

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4482


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the ďsocial democracyĒ reform introduced by decision CA/D 2/14.

    Consideration 16

    Extract:

    Insofar as the complainant seeks moral damages for the length of the internal appeal, it is by no means obvious that he suffered a moral injury having left the Organisation in 2016, and, in any event, he has not demonstrated that he has.

    Keywords:

    delay in internal procedure; former official; moral injury;



  • Judgment 4480


    133rd Session, 2022
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant her a personal promotion in the 2015 exercise.

    Consideration 19

    Extract:

    The flaws that warrant the setting aside of the impugned decision and the decision of 9 January 2017 denied the complainant her right to an examination of her file in accordance with the applicable provisions. The Tribunal considers that this injury will be fairly redressed by awarding the complainant compensation in the amount of 5,000 Swiss francs.

    Keywords:

    moral injury;



  • Judgment 4476


    133rd Session, 2022
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who claims to be entitled to whistleblower status and requests the protection afforded thereby, challenges the failure to respond to his letter reporting what he considers to be unlawful by particular Court officials.

    Consideration 17

    Extract:

    [T]he Tribunal notes that there is no reason to award the compensation which the complainant seeks in respect of the other information contained in the Courtís reply. Contrary to what the complainant contends, the information in question does not exceed the limits of the freedom enjoyed by the parties when drafting their submissions in a legal dispute.

    Keywords:

    moral injury; reply;



  • Judgment 4471


    133rd Session, 2022
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss his complaint of psychological harassment.

    Consideration 22

    Extract:

    [T]he complainant was denied the right to have his harassment complaint dealt with within a reasonable time, to receive an adequate motivation for its dismissal and to have a copy of the preliminary investigation report concerning that complaint provided in a timely and appropriate manner. This has inevitably caused him considerable moral injury which must be redressed (see, concerning acknowledgement of moral injury in such circumstances, Judgments 4167, consideration 9, 3314, consideration 20, and 2973, consideration 18).

    Reference(s)

    ILOAT Judgment(s): 2973, 3314, 4167

    Keywords:

    harassment; moral injury; procedural flaw;

    Consideration 11

    Extract:

    A delay of more than one year between the lodging by the complainant of his psychological harassment complaint and the notification of the Director Generalís decision to close the case does not indicate quick and efficient handling of a harassment case or expeditious action with the minimum of delay consistent with fairness to both parties. The Tribunalís case law recognises the harm that this may cause to a complainant (see, for example, Judgments 3347, consideration 14, and 4241, consideration 4). In its reply, Eurocontrol explains that it proved difficult to appoint investigators owing to potential conflicts of interest with the complainant; that sick leave unexpectedly delayed the appointment of one of the investigators; and that summer holidays and the need to translate the complainantís harassment complaint delayed his interview until September 2015. In view of Eurocontrolís obligation to act expeditiously with the minimum of delay consistent with fairness to both parties, these explanations relating to internal administrative matters are inadequate.

    Reference(s)

    ILOAT Judgment(s): 3347, 4241

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4469


    133rd 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 recover various sums which were allegedly unduly paid to him.

    Consideration 15

    Extract:

    The complainant seeks an award of compensation for the moral injury that the impugned decision allegedly caused him. However, he does not provide any specific evidence of such injury and, having regard to the nature of the impugned decision, which has solely pecuniary effects, the Tribunal finds that the repayment of the deductions from his remuneration is sufficient to compensate him, in this case, for all the injury caused by that decision.

    Keywords:

    moral injury;



  • Judgment 4468


    133rd Session, 2022
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision refusing to submit the alleged increase in her whole person impairment rating to the Medical Board and to reject her claim for compensation based on this alleged increase.

    Consideration 8

    Extract:

    The complainant seeks the payment of moral damages. However, she fails to specify the relevant grounds and the amount. As the Tribunalís case law requires that moral damages must be proven, this claim shall be dismissed (see, for example, Judgment 4156, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 4156

    Keywords:

    moral injury;



  • Judgment 4457


    133rd Session, 2022
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to summarily dismiss him.

    Consideration 27

    Extract:

    The penalty of summary dismissal also caused the complainant obvious moral injury since it seriously damaged his honour and reputation of itself.

    Keywords:

    moral injury; summary dismissal;

    Consideration 29

    Extract:

    It is settled case law that officials are entitled to have their appeals examined with the necessary speed, in particular in view of the nature of the decision which they wish to contest (see, for example, Judgments 2902, consideration 16, 4063, consideration 14, or 4310, consideration 15).
    In this case, although the complainant had referred the matter to the Appeals Board on 14 April 2017, the Director-General, as has been stated, did not adopt a decision on this appeal until 10 July 2018, almost 15 months later.
    The Tribunal finds that, while it may not appear unreasonable in absolute terms, this delay is excessive in view of the nature of the case, since it concerned a summary dismissal on disciplinary grounds.

    Reference(s)

    ILOAT Judgment(s): 2902, 4063, 4310

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4456


    133rd Session, 2022
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to summarily dismiss her for misconduct.

    Consideration 21

    Extract:

    The complainant is entitled to moral damages for the undoubted trauma and associated distress arising from and associated with her unlawful summary dismissal after 27 years of service at UNWTO and the consequential need for her to relocate to Mexico.

    Keywords:

    moral injury; summary dismissal;



  • Judgment 4454


    133rd Session, 2022
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions to reject his allegations of misconduct on the part of the Secretary-General.

    Consideration 13

    Extract:

    The complainant is entitled to moral damages for the failure of the JAC to perform its role and determine, according to law, the complainantís appeal with the result that his challenge to the closure of the complaints remains unresolved in its entirety.

    Keywords:

    internal appeals body; moral injury;

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Last updated: 30.01.2023 ^ top