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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 402

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  • Judgment 4808


    137th Session, 2024
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the outcome of the investigation procedure conducted in respect of her harassment grievance and the resulting lack of compensation.

    Consideration 13

    Extract:

    In the circumstances, the Tribunal should normally refer the matter to the Director-General in order for him to determine the redress that it would be appropriate to contemplate as compensation for the injury suffered by the complainant as a result of the harassment established. However, in view of the time that has elapsed and the fact that there is sufficient evidence and information in the file to enable the Tribunal to reach a decision on the nature of this redress and to properly assess the amount of compensation for moral injury claimed by the complainant, it would be inappropriate to do so in this case (see, for example, Judgments 4663, consideration 17, 4602, consideration 18, and 4471, consideration 20).

    Reference(s)

    ILOAT Judgment(s): 4471, 4602, 4663

    Keywords:

    case sent back to organisation; compensation; harassment; moral injury;



  • Judgment 4804


    137th Session, 2024
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to reject his appeal seeking, in the main, moral damages for breach of confidentiality and defamation.

    Consideration 3

    Extract:

    [E]ven though the breach of confidentiality is proven (as it has been acknowledged by the EPO), there is no evidence that the complainant suffered any damage as a result of that breach. Considering all the facts and relevant circumstances of the present case, […] the Tribunal finds that the complainant’s request for damages is unsubstantiated.

    Keywords:

    breach of confidentiality; burden of proof; confidentiality; moral damages; moral injury;

    Consideration 5

    Extract:

    The Tribunal’s consistent case law holds that the amount of compensation for unreasonable delay in internal proceedings will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as a lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal (see Judgments 4563, consideration 14, and 3160, considerations 16 and 17).

    Reference(s)

    ILOAT Judgment(s): 3160, 4563

    Keywords:

    delay in internal procedure; moral damages; moral injury;

    Consideration 3

    Extract:

    According to the Tribunal’s well-settled case law, the complainant bears the burden of proof that he suffered moral injury (see Judgments 4522, consideration 17, and the case law cited therein, and 4012, consideration 3).

    Reference(s)

    ILOAT Judgment(s): 4012, 4522

    Keywords:

    burden of proof; moral injury;



  • Judgment 4801


    137th Session, 2024
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the appointment of the Principal Director of Human Resources.

    Consideration 7

    Extract:

    Insofar as moral damages are concerned, she simply asserts in her brief that she seeks such damages ‘for the injustice and personal harm caused by the clearly discriminatory underevaluation of the Complainant’s professional experience in order to favor [the new Principal Director of Human Resources]’. Beyond this broad statement, there is no specification of the moral injury caused by the appointment nor evidence supporting its existence. These matters precondition the award of moral damages (see, for example, Judgment 4644, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 4644

    Keywords:

    burden of proof; moral damages; moral injury;



  • Judgment 4795


    137th Session, 2024
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his performance evaluation report for 2018.

    Consideration 15

    Extract:

    [T]his evaluation contained some disparaging comments about the complainant, [...] which were liable to harm his professional reputation and clearly offended him. Those comments therefore caused him moral injury.

    Keywords:

    moral injury; performance report;



  • Judgment 4768


    137th Session, 2024
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns what he refers to as decisions concerning Eurocontrol Agency’s reorganisation and his transfer following that reorganisation.

    Consideration 15

    Extract:

    The Tribunal considers that, owing to the circumstances in which the complainant’s transfer took place, without him being afforded any opportunity to express his views or to be heard before it was put into effect, that transfer was bound to hurt and shock him and thereby cause him substantial and serious moral injury. The Tribunal considers that this moral injury will be fairly redressed by awarding the complainant compensation in the amount of 10,000 euros.

    Keywords:

    consultation; moral injury; right to be heard; transfer;



  • Judgment 4762


    137th Session, 2024
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to dismiss him for misconduct.

    Consideration 9

    Extract:

    The complainant [...] seeks moral damages for the length it has taken for the initial harassment claim of Ms B. to be investigated and resolved by a final decision of the Executive Director, a period of almost two and half years. The moral injury asserted by the complainant is simply described as unnecessary anguish, stress and reputational damage. While it can be assumed his dismissal might have had this effect, it is not self-evidently so in relation to the time complained of by him. The complainant bears the burden of proving moral injury and a causal relationship between that and the event complained of but has not done so in this case (see, for example, Judgment 4644, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 4644

    Keywords:

    burden of proof; moral damages; moral injury;



  • Judgment 4727


    136th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant asserts that the EPO failed to assist him in his attempts to obtain corrected identity cards for his children.

    Considerations 4-5

    Extract:

    [T]he question of the alleged lack of injury suffered by the complainant in fact relates to the merits of the complaint rather than to its receivability, and the objection to receivability raised must therefore be rejected. Clearly, a complainant has a cause of action when seeking compensation from an organisation for injury that she or he claims to have suffered as a result of an unlawful act on the part of that organisation.
    According to a general principle of law which the Tribunal applies in its case law, a claim for compensation can only be granted if the complainant provides evidence of the alleged unlawful act, of the injury suffered and of the causal link between the unlawful act and the injury (see, for example, Judgments 4156, consideration 5, 3778, consideration 4, 3507, considerations 14 and 15, 2471, consideration 5, and 1942, consideration 6).

    Reference(s)

    ILOAT Judgment(s): 1942, 2471, 3507, 3778, 4156

    Keywords:

    burden of proof; misconduct; moral injury; receivability of the complaint;

    Consideration 14

    Extract:

    [I]t should be recalled that international civil servants are entitled to expect their cases to be examined by the internal appeal bodies within a reasonable time and failure to deal with them expeditiously constitutes misconduct on the part of the organisation concerned (see, for example, aforementioned Judgment 3510, consideration 24, or Judgment 2116, consideration 11). Under the Tribunal’s 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 4635, consideration 8, 4178, consideration 15, 4100, consideration 7, and 3160, consideration 17).

    Reference(s)

    ILOAT Judgment(s): 2116, 3160, 3510, 4100, 4178, 4635

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4700


    136th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges measures reorganising his working time.

    Consideration 6

    Extract:

    With regard to the complainant’s claim for 50,000 euros for the moral injury he alleges he has suffered, the Tribunal notes that any moral injury caused to the complainant by the disputed decisions, for which he adduces no evidence, appears to be negligible in the circumstances of the case, and warrants no compensation.

    Keywords:

    moral injury;

    Consideration 6

    Extract:

    [T]he fact that the insufficient and deficient reasoning in the impugned decision breached the complainant’s right to a due internal appeals procedure undoubtedly caused him moral injury, which warrants an award of damages. The Tribunal considers that this injury will be fairly redressed, in this case, by awarding compensation to the complainant under this head in the amount of 1,000 euros.

    Keywords:

    moral injury; motivation;

    Consideration 7

    Extract:

    As regards the complainant’s claim for an award of 8,000 euros for the delay in dealing with his internal complaint, the Tribunal notes that this internal complaint was lodged on 16 April 2018 and that the impugned decision is dated 6 June 2019. This period of almost 14 months far exceeds the period laid down by Article 92(2) of the Staff Regulations, which stipulates that the Director General is to provide his reasoned decision within four months. This therefore constitutes a breach by the Organisation of its own rules and the Tribunal considers the delay to be unreasonable in the circumstances.
    Under the Tribunal’s settled 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, Judgment 4635, consideration 8). Although the length of the delay in the present case is significant, the adverse effects of that delay on the complainant are minimal in the circumstances. The Tribunal considers that the injury suffered will be fairly redressed by awarding him 1,000 euros in compensation under this head.

    Reference(s)

    ILOAT Judgment(s): 4635

    Keywords:

    delay in internal procedure; moral injury; time limit;



  • Judgment 4698


    136th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks reinstatement in a post to which he had been appointed and requests payment of the corresponding function allowance.

    Consideration 11

    Extract:

    The complainant claims moral damages for “the unjustified withdrawal of his title and allowance”, which he assesses at 20,000 euros, but does not provide any explanation for this amount. In the circumstances of the case, the Tribunal considers that the fact that the Organisation questioned whether the complainant was performing the role of a Senior Technical Supervisor, with the management responsibilities that entailed, did cause the complainant a certain moral injury, that this will be sufficiently compensated by the award of 3,000 euros.

    Keywords:

    moral injury;

    Consideration 12

    Extract:

    The complainant also seeks moral damages for the undue delay in the internal appeals procedure. In this regard, he relies in particular on the fact that the Director General’s final decision was not taken within the period of four months from the date on which the internal complaint was lodged, as prescribed by paragraph 2 of Article 92 of the Staff Regulations. However, the Tribunal notes that the appeals procedure lasted eight and a half months, which is not unreasonable, and that, even though the four-month deadline was not observed, the complainant’s submissions do not contain evidence of any particular injury arising from that irregularity. In the circumstances, it is not appropriate to award him compensation under this head (see, for example, Judgments 4469, consideration 16, 4401, consideration 10, and 4396, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 4396, 4401, 4469

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4697


    136th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the Director General’s decision to impose on him the disciplinary sanction of downgrading.

    Consideration 26

    Extract:

    As regards the complainant’s claim for the award of 50,000 euros in moral damages, it is well established in the Tribunal’s case law, firstly, that international organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members and that the general principle of good faith and the concomitant duty of care require them to treat their staff with due consideration in order to avoid causing them undue injury (see, for example, Judgment 4559, consideration 10). Secondly, settled case law also holds 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 Judgment 4178, consideration 15).

    Reference(s)

    ILOAT Judgment(s): 4178, 4559

    Keywords:

    duty of care; good faith; internal appeal; moral injury; organisation's duties;

    Consideration 26

    Extract:

    it is true that, in his submissions, the complainant provides only succinct arguments to justify the alleged moral injury. Nonetheless, the Tribunal notes, in view of the submissions and evidence on file, that the complainant undoubtedly suffered considerable moral injury as a result of the rather arbitrary way in which he was treated, the infringement of his rights caused by the lack of prior information about the sanction imposed on him and the particularly harsh remarks made about him by the Director General.
    Furthermore, the complainant was notified of the Director General’s final decision rejecting his internal complaint on 12 October 2021, more than 16 months after he had lodged his internal complaint on 29 May 2020. The Tribunal considers that this delay, which significantly exceeds the four-month period provided for in Article 92(2) of the Staff Regulations, was excessive and unreasonable in the circumstances of the case.
    The Tribunal considers that all of the moral injury suffered may be fairly redressed by awarding the complainant compensation of 25,000 euros.

    Keywords:

    damages; delay in internal procedure; moral injury;



  • Judgment 4695


    136th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision requiring him to reimburse the undue payments of salary he received during absences that were declared to be unjustified by the Administration.

    Consideration 19

    Extract:

    The complainant claims that the Organisation should also pay him moral damages of 20,000 euros for “recklessly calling into question his good faith in a way likely to cause serious harm to his honour and reputation”. However, the Tribunal has on many occasions reiterated that, in relation to damages, the burden of proof falls on the complainant, who must establish the injury complained of. In the present case, the complainant has not adduced any specific evidence of this alleged harm to his honour and reputation.

    Keywords:

    moral injury;



  • Judgment 4694


    136th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision confirming his fitness for work and instructing him to resume his duties.

    Consideration 13

    Extract:

    [I]n relation to the unreasonable delay in dealing with his internal complaint, to which the complainant refers in his rejoinder, given that the internal complaint was dated 10 July 2018, the opinion of the Joint Committee for Disputes was dated 29 March 2019 and the Organisation’s express decision rejecting the internal complaint was dated 9 May 2019, the Tribunal does not consider it appropriate to award the complainant any compensation under this head. Even though it is true that the period that elapsed between the date on which the internal complaint was lodged and the date of the express decision rejecting that complaint exceeded the period provided for in Article 92(2) of the Staff Regulations, the Tribunal considers that the delay in question cannot be regarded as unreasonable in the circumstances of the case. What is more, the complainant has adduced no evidence of any injury that could result from this delay.

    Keywords:

    delay in internal procedure; moral injury; time limit;



  • Judgment 4686


    136th Session, 2023
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges a decision to close the harassment complaint she lodged against her former supervisor without carrying out an investigation.

    Consideration 7

    Extract:

    [I]t may […] be accepted that the uncertainty over several years about the fate of [the complainant's] formal harassment complaint also caused her moral injury.

    Keywords:

    delay; harassment; moral injury;



  • Judgment 4684


    136th Session, 2023
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the classification exercise for her post and seeks compensation in this regard.

    Consideration 12

    Extract:

    It bears recalling that international civil servants are entitled to expect their cases to be examined by the internal appeals bodies within a reasonable time and failure to deal with them expeditiously constitutes a fault for which the organisation concerned will be held accountable (see, for example, Judgment 3510, consideration 24, or Judgment 2116, consideration 11). Under the Tribunal’s 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 4635, consideration 8, 4178, consideration 15, 4100, consideration 7, or 3160, consideration 17).
    In the present case, a period of 22 months elapsed between the complainant filing her detailed appeal before the Appeals Board on 30 October 2017 and the Director-General delivering her final decision on 7 August 2019. That length of time is excessive having regard to the nature and the circumstances of the case in hand. As a result, the complainant has suffered moral injury, which will be fairly redressed by awarding her compensation of 2,000 euros under this head.

    Reference(s)

    ILOAT Judgment(s): 2116, 3160, 3510, 4100, 4178

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4671


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks the restitution of amounts wrongly deducted from his salary in respect of sickness insurance contributions.

    Consideration 14

    Extract:

    With regard to the injury caused by Interpol’s purported bad faith when dealing with the internal appeal, the Tribunal considers that, although the appeal was wrongly rejected, as stated above, it does not appear from the submissions that the Organization acted in bad faith when handling it.

    Keywords:

    bad faith; burden of proof; moral injury;

    Consideration 14

    Extract:

    The Tribunal considers that, having regard to the subject of the complaint, the award of interest in this judgment is sufficient in itself to compensate for all the moral injury caused by the undue payment of the ESC.

    Keywords:

    moral injury;



  • Judgment 4670


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks the restitution of amounts wrongly deducted from her salary in respect of sickness insurance contributions.

    Consideration 27

    Extract:

    The Tribunal notes that the complainant does not quantify the moral injury she alleges to have suffered. With regard to the injury resulting from the wrongful deduction of the ESC, the Tribunal considers that the recognition in this judgment of the Organization’s negligence suffices in itself to redress the moral injury that may have resulted, bearing in mind that the material injury inherent in this negligence will also be compensated, with interest, in the manner indicated above.

    Keywords:

    moral injury;

    Consideration 27

    Extract:

    With regard to the injury caused by Interpol’s purported bad faith when dealing with the internal appeal, the Tribunal considers that, although the appeal was wrongly rejected, as stated above, it does not appear from the submissions that the Organization acted in bad faith when handling it.

    Keywords:

    bad faith; burden of proof; moral injury;



  • Judgment 4665


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, whose post was reclassified retrospectively, claims compensation for the injury he considers he has suffered and requests that his resignation be redefined as a dismissal.

    Consideration 8

    Extract:

    The complainant further seeks compensation for the moral injury he considers he has suffered [...]. He substantiates the existence of this injury with particular reference to the Organization’s [...] bad faith during the negotiations seeking to find an amicable resolution to the dispute.
    On this last point, the Tribunal considers that it is not required to take into consideration discussions of this kind (see, in this respect, Judgment 4457, consideration 2).

    Reference(s)

    ILOAT Judgment(s): 4457

    Keywords:

    collective bargaining; competence of tribunal; moral injury; settlement out of court;



  • Judgment 4663


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal to acknowledge the harassment that she alleges she suffered and to provide her with the full inquiry report drawn up following her internal complaint against a colleague.

    Considerations 17-18

    Extract:

    [T]he complainant does not request in her submissions that her complaint of harassment be remitted to the Organization for a thorough inquiry. She confines herself to claiming redress for moral injury and seeking an award of damages. In view of this, the Tribunal considers it inappropriate to refer the case back to the Organization. Rather, the appropriate course in this case is to award the complainant adequate compensation for the moral injury caused by the decisions that the Tribunal will set aside. The Tribunal considers that there is sufficient evidence and information in the file to enable it to reach a decision on the extent of this injury.
    As can be seen from the foregoing, the complainant was deprived of her right to have a rigorous and thorough inquiry conducted into her complaint of harassment, which would, in all likelihood, have established that she had submitted a credible complaint of harassment in good faith. In addition, the complainant was deprived of her right to know whether the harassment against her had been acknowledged and of her right to receive the report of the preliminary inquiry into the complaint in good time.

    Keywords:

    case sent back to organisation; compensation; harassment; moral injury;



  • Judgment 4660


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the Secretary General’s decision to dismiss him summarily without indemnities on disciplinary grounds.

    Consideration 24

    Extract:

    It is settled case law that officials are entitled to have their appeals examined with the necessary speed, in particular having regard to the nature of the decision which they wish to challenge (see, for example, [...] Judgments 4457, consideration 29, 4310, consideration 15, and 4063, consideration 14).
    In the present case, two years elapsed between the complainant lodging his internal appeal on 20 August 2018 and his receipt of notification of the Secretary General’s decision of 12 August 2020, which eventually ruled on that appeal after the complaint had been filed.
    [T]he Tribunal finds this delay unreasonable having regard to the nature of the case, since it concerned a summary dismissal without indemnities on disciplinary grounds.

    Reference(s)

    ILOAT Judgment(s): 4063, 4310, 4457

    Keywords:

    disciplinary procedure; moral injury; travel time;

    Consideration 23

    Extract:

    The sanction of summary dismissal without termination indemnities imposed on the complainant also caused him obvious moral injury since it seriously damaged his honour and professional reputation of itself and inevitably caused him a psychological shock and a feeling of anxiety about losing his job.
    Although an examination of the evidence does not support a finding that, as the complainant maintains, his departure from Interpol’s Headquarters on the day of the notification of this sanction also took place in conditions which violated his dignity, this moral injury was nevertheless further aggravated by the breach of his rights resulting from the various defects, identified above, which tainted the disciplinary proceedings and the internal appeal procedure.

    Keywords:

    disciplinary measure; moral injury;



  • Judgment 4659


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him for serious misconduct.

    Consideration 13

    Extract:

    As regards moral injury, the Tribunal considers that the unlawfully imposed sanction of dismissal caused the complainant obvious moral injury, notably because it was, as he states, liable to plunge him into deep distress. In the circumstances of the case, the Tribunal considers that this injury will be fairly redressed by ordering the Organization to pay the complainant damages of 25,000 euros on this account.

    Keywords:

    moral injury;

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Last updated: 07.03.2024 ^ top