Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 378

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• Judgment 3419

  
  119th Session, 2015
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that the complainant was entitled to moral damages for identified errors of the Administration.

  Consideration 7

  Extract:

  To the extent that the complainant seeks compensation in excess of the 50,000 Swiss francs requested in the internal appeal, it will not be considered in the absence of any justification for the increase.

  Keywords:

  formal demand for payment; moral injury;
  

  
  
  

• Judgment 3418

  
  119th Session, 2015
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal recognized the moral injury caused to the complainant and determined the amount of compensation.

  Consideration 11

  Extract:

  "The complainant, through her counsel, has called in aid not only these findings and recommendations but also the recommendations of the Appeal Board in a separate report [...] a basis for the calculation of damages in these proceedings. This is impermissible. The complainant has elected, presumably advised to do so by her legal adviser, to commence and prosecute several internal appeals. Whether this was desirable or necessary, is not a matter on which the Tribunal should comment. However, in assessing damages, the Tribunal should, in a case such as the present, focus on the subject matter of the complaint informed by the scope of the internal appeal."

  Keywords:

  moral injury;
  

  
  
  

• Judgment 3417

  
  119th Session, 2015
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that IOM's failure to ensure compliance with its performance evaluation procedures warranted an award of moral damages to the complainant.

  Consideration 10

  Extract:

  "[T]he complainant is entitled to moral damages for [...] the IOM’s failure to ensure compliance with its performance evaluation procedures."

  Keywords:

  moral injury;
  

  
  
  

• Judgment 3413

  
  119th Session, 2015
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully impugns the decision to dismiss her appeal against the rejection of her sexual harassment complaint.

  Consideration 10

  Extract:

  Sexual harassment of a staff member in the workplace is a serious violation of her or his rights and is all the more egregious if the harassment is by a senior staff member. An apparently bona fide complaint of sexual harassment has to be investigated promptly and thoroughly. Equally it has to be reinvestigated if circumstances warrant further investigation. In the present case, the IAEA’s failure to reinvestigate involves a serious breach of its duty towards the complainant. Even if the sexual harassment had not occurred, the pursuit of the allegation would doubtless have been traumatic for the complainant. The trauma would have been compounded by the failure to reopen the investigation as she requested. Of course if the sexual harassment had occurred then almost certainly the trauma caused by the failure to reopen the investigation is likely to have been significant. In the Tribunal’s view, the complainant is entitled to moral damages of substance. They are assessed in the sum of 20,000 euros.

  Keywords:

  moral injury; sexual harassment;
  

  
  
  

• Judgment 3411

  
  119th Session, 2015
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants successfully impugn the decision not to extend their contracts upon expiry.

  Consideration 9

  Extract:

  "With regard to the lack of proper notice of the non-renewal of their IFAD contracts and IFAD’s insufficient efforts to clarify their respective situations, the Tribunal awards [...] moral damages [...]."

  Keywords:

  moral injury;
  

  Consideration 8

  Extract:

  "[T]he Tribunal considers that IFAD failed to give the complainants proper notice prior to the non-renewal of their contracts and to make all efforts, using all possible tools, to clarify the complainants’ situations. Thus, an award of moral damages is appropriate."

  Keywords:

  moral injury; notice;
  

  
  
  

• Judgment 3409

  
  119th Session, 2015
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal awarded the complainants material and moral damages stemming from IFAD's unlawful decisions and violation of its duty of care.

  Consideration 13

  Extract:

  "As the complainants lost a valuable opportunity to have their contracts renewed in positions other than the abolished positions, the Tribunal awards them material damages in the amount they would have earned at their respective grades for one year [...] including all allowances, benefits and entitlements, less any amounts already received by way of salary and emoluments from any other employment for that period, plus monthly interest of 5 per cent from the date of separation to the date of final payment. The Tribunal awards them moral damages stemming from the unlawful decisions and IFAD’s violation of its duty of care and failure to respect their dignity [...]. The Tribunal does not see any justification for an award of exemplary damages so that claim is dismissed."

  Keywords:

  material injury; moral injury; respect for dignity;
  

  
  
  

• Judgment 3402

  
  119th Session, 2015
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that the evidence established an intention to defraud on the part of the complainant and that the decision to dismiss him was not disproportionate, but it awarded damages because of the delay in the internal appeal procedure.

  Consideration 11

  Extract:

  "[O]rdinarily a staff member who has been dismissed for engaging in fraud, would suffer considerable stress while waiting for the answer in an internal appeal about whether the challenged finding of fraud would be upheld or rejected. There is no reason to doubt that this would have been so in the present case. The internal appeal did take too long and the complainant is entitled to moral damages [...]. However, this was only very much a subsidiary part of the complaint and, in substance, the complainant has failed. Accordingly the complainant is not entitled to costs."

  Keywords:

  moral injury; no award of costs;
  

  
  
  

• Judgment 3396

  
  119th Session, 2015
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: In relation with the complainant's service-incurred illness, the Tribunal concluded that she was entitled to an invalidity payment.

  Consideration 16

  Extract:

  "[T]he delay in resolving the issue whether the 16.complainant was entitled to a continuing total invalidity pension has undoubtedly caused the complainant considerable stress and anxiety which is all the more regrettable and serious having regard to what appears to be, or at least was, her psychiatric condition. For this she is entitled to moral damages [...]."

  Keywords:

  moral injury;
  

  
  
  

• Judgment 3364

  
  118th Session, 2014
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully impugns on the grounds of a procedural flaw the decision to maintain his dismissal for misconduct.

  Consideration 29

  Extract:

  "[T]he fact that the procedure resulting in the disciplinary measure was conducted in breach of the applicable rules, as well as the length of the procedure and of the suspension, caused the complainant moral injury [...]."

  Keywords:

  moral injury;
  

  
  
  

• Judgment 3347

  
  118th Session, 2014
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision dismissing her harassment complaint and challenges the lawfulness of the internal appeals and investigation procedures.

  Consideration 15

  Extract:

  "Other than in extraordinary circumstances, the appropriate remedy for delay is an award of moral damages. [...] [I]n assessing whether a delay is unreasonable, the complexity of the matter is a relevant consideration."

  Keywords:

  delay; moral injury;
  

  
  
  

• Judgment 3307

  
  117th Session, 2014
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: After being removed from his post consecutively to a judgment of the Tribunal declaring his appointment invalid, the complainant seeks compensation for moral injury.

  Judgment keywords

  Keywords:

  compensation; complaint dismissed; moral injury;
  

  
  
  

• Judgment 3287

  
  116th Session, 2014
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant, who reported his suspicions that someone was unlwafully accessing his professional email account, impugned the decision to deny him access to the investigation report.

  Judgment keywords

  Keywords:

  compensation; complaint allowed; delay; inquiry; investigation; moral injury; right;
  

  
  
  

• Judgment 3282

  
  116th Session, 2014
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.

  Judgment keywords

  Keywords:

  breach; compensation; complaint allowed; contract; decision quashed; duty of care; flaw; material injury; moral injury; non-renewal of contract;
  

  Consideration 8

  Extract:

  Considering reinstatement could raise substantial practical difficulties because of the time that has elapsed since the complainant’s separation from service, the complainant is “entitled to full compensation for the material and moral injury he sustained” (see Judgment 1386, under 26).

  Reference(s)

  ILOAT Judgment(s): 1386
  

  Keywords:

  material injury; moral injury; reinstatement; separation from service;
  

  
  
  

• Judgment 3262

  
  116th Session, 2014
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant, who applied for the position of Legal Advisor, was offered the post, but at a grade lower than that at which it was advertised.

  Judgment keywords

  Keywords:

  acceptance; appointment; candidate; compensation; contract; grade; moral injury; offer; offer withdrawn; post; respect for dignity;
  

  
  
  

• Judgment 3223

  
  115th Session, 2013
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns a decision on which the Tribunal already ruled in Judgment 2881 and which is res judicata.

  Consideration 6

  Extract:

  "[T]he Tribunal considers that, by virtue of the adversarial principle, an employer organisation may not raise an objection to an internal appeal filed by a staff member unless that person is able to express his or her views on the merits of the objection. As the [organisation] points out, Staff Rule 11.1.1, paragraph 4, makes no provision for a staff member to file a rejoinder with the Appeal Board; however, nor does it rule out this possibility, and it does not therefore preclude the submission of a rejoinder by the person concerned in accordance with the requirements of the adversarial principle. [...]
  The internal appeal proceedings were [thus] tainted with a flaw which, contrary to the [organisation]’s submissions, cannot be redressed in proceedings before the Tribunal. In the particular circumstances of the case, the Tribunal will not, however, set aside the impugned decision, but it will grant the complainant compensation in the amount of 1,000 euros for the moral injury caused by this flaw."

  Reference(s)

  Organization rules reference: Paragraph 4 of ITU Staff Rule 11.1.1
  
  

  Keywords:

  adversarial proceedings; allowance; breach; compensation; discretion; general principle; iloat; internal appeal; internal appeals body; moral injury; no provision; organisation's duties; procedural flaw; procedure before the tribunal; refusal; rejoinder; reply; request by a party; res judicata; right; right to reply; staff regulations and rules;
  

  
  
  

• Judgment 3200

  
  115th Session, 2013
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to impose on her the disciplinary measure of demotion.

  Consideration 6

  Extract:

  "Although the case was complex and detailed, and the subject matter sensitive, the time taken to complete the proceedings was indeed excessive. The Tribunal notes in particular that it took OSDI ten months to bring the investigation to a conclusion following the interviews, and it took the Director General seven months to reject the appeal after receiving the Appeals Committee Report. The total length of the proceedings cannot therefore be considered reasonable, and specifically, the two intervals of time noted above were excessive. The conclusion is that the Organization did not respect the need for expeditious proceedings and violated its duty of care towards the complainant."

  Keywords:

  administrative delay; delay; duty of care; internal appeal; moral injury; organisation's duties; procedure before the tribunal; reasonable time; staff member's interest;
  

  
  
  

• Judgment 3198

  
  115th Session, 2013
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks the withdrawal from his personal file of the warnings concerning his productivity.

  Consideration 25

  Extract:

  "According to the case law of the Tribunal, no damages will be ordered where a decision does not hamper a career and the matter which was complained of has been withdrawn (see Judgment 1380, under 11)."

  Reference(s)

  ILOAT Judgment(s): 1380
  

  Keywords:

  decision; evidence; lack of evidence; lack of injury; material damages; moral injury; no cause of action; professional injury; withdrawal of decision;
  

  
  
  

• Judgment 3193

  
  114th Session, 2013
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges both the reclassification of a vacant post and the appointment to that post of another staff member.

  Consideration 12

  Extract:

  "In a case where a complainant establishes that the disputed decision involved an abuse of power, the appropriate relief is often to set aside the decision. Indeed, such a decision should not stand in the face of the conclusion that it involved an abuse of power. [However], in the somewhat unusual circumstances of this case, it would be inadvisable to set aside the disputed decisions notwithstanding the Tribunal’s finding that they involved an abuse of power. The appropriate remedy is therefore to award the complainant moral damages for the indirect consequences of the decisions the Tribunal has concluded were legally flawed."

  Reference(s)

  ILOAT Judgment(s): 496
  

  Keywords:

  abuse of power; misuse of authority; moral injury; organisation's interest; post classification; reassignment; transfer;
  

  
  
  

• Judgment 3188

  
  114th Session, 2013
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decisions not to update her job description, not to select her for a G-6 position and her alleged subsequent demotion.

  Consideration 25

  Extract:

  "As the Tribunal has repeatedly observed, internal appeals must be conducted with due diligence and with regard to the care owed by an international organisation to its staff (see for example Judgment 2522, under 7). While the time an appeal might reasonably take will often depend on the particular circumstances of a given case, it has been said by the Tribunal in Judgment 2902, under 16, that “by any standards a delay of nearly 19 months to complete the internal appeal process is unreasonable”."

  Reference(s)

  ILOAT Judgment(s): 2522, 2902
  

  Keywords:

  delay; duty of care; internal appeal; moral injury; organisation's duties; procedure before the tribunal; reasonable time; staff member's interest; time limit;
  

  Consideration 5

  Extract:

  "It is well settled in the Tribunal’s case law that a failure to respond to a legitimate request of a staff member within a reasonable time may be deemed to be a refusal of the request if the staff member elects to accept that refusal. Additionally, egregious delay in responding to a reasonable request may involve a breach of the obligation to deal with the staff member in good faith. In the present case, the failure of the IAEA to provide the complainant with an updated job description over several years involved a violation of her rights for which she is entitled to compensation."

  Keywords:

  compensation; good faith; moral injury; organisation's duties; refusal; request by a party; terms of appointment;
  

  
  
  

• Judgment 3174

  
  114th Session, 2013
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the implicit rejection of his request for moral damages for alleged harassment and abuse of authority.

  Judgment keywords

  Reference(s)

  ILOAT Judgment(s): 2203, 2389, 3009
  

  Keywords:

  abuse of power; complaint dismissed; harassment; misuse of authority; moral injury;
  

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