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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 402

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  • Judgment 3688


    122nd Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to abolish her post and to separate her from service.

    Consideration 11

    Extract:

    The delays in the HBA proceedings were unreasonable and were not caused by wrongful procedural conduct on the part of the complainant and there is no indication that the HBA’s workload justified it. The delay before the HBA was mainly caused by the necessity to request information and documents from WHO, which should have been provided early in the process.
    The delay entitles the complainant to an award of moral damages for the defendant’s breach of its duties of due diligence and care (see Judgments 2522, under 7, 3160, under 16, and 3188, under 25).

    Reference(s)

    ILOAT Judgment(s): 2522, 3160, 3188

    Keywords:

    delay in internal procedure; moral injury;

    Consideration 12

    Extract:

    It was stated in Judgment 3582, consideration 4, for example, that the amount of damages awarded for the injury caused by an unreasonable delay in processing an internal appeal depends on the length of the delay and its consequences. The consequences vary depending on the subject matter of the dispute so that a delay in resolving a matter of limited seriousness in its impact on the appellant will ordinarily be less injurious than a delay in resolving a matter which has a severe impact.

    Reference(s)

    ILOAT Judgment(s): 3582

    Keywords:

    damages; delay; moral injury;

    Consideration 22

    Extract:

    There is no reason why the complainant was informed [...], in the presence of others, that her post was to be abolished while she was at a meeting with the Ombudsman to explore her secondment to another department. That action was insensitive and inappropriate. This failure entitles the complainant to an award of moral damages.

    Keywords:

    moral injury;

    Consideration 31

    Extract:

    WHO’s failure to disclose the relevant documents to the complainant in the internal appeal proceedings breached the adversarial principle or the principle of equality of arms, which constitutes a breach of due process entitling the complainant to moral damages.

    Keywords:

    damages; disclosure of evidence; due process; moral injury;



  • Judgment 3677


    122nd Session, 2016
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the Federation’s decisions to abolish her post and not to renew her fixed-term contract.

    Consideration 22

    Extract:

    In assessing whether moral damages should be awarded for a lengthy delay in disposing of an internal appeal, a number of considerations may be relevant. In some cases it might be sufficient for a complainant only to establish that the internal appeal took a period of time that could reasonably be viewed as too long. In other cases the explanation for the delay will become relevant.

    Keywords:

    delay; moral injury;



  • Judgment 3674


    122nd Session, 2016
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to confirm his appointment at the end of his probation period.

    Consideration 10

    Extract:

    The fact that the complainant was misled as to his right to avail himself of the internal means of redress has resulted in a delay in the final settlement of this case, whatever its eventual outcome may be. This decision alone caused the complainant injury that will be fairly redressed by ordering OTIF to pay him compensation in the amount of 2,000 Swiss francs.

    Keywords:

    moral injury;



  • Judgment 3671


    122nd Session, 2016
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges two service orders.

    Consideration 5

    Extract:

    Although the complainant’s claims for the setting aside of these texts have been allowed, as she is acting in her capacity as a staff representative, she is not entitled to moral damages (see Judgments 3258, under 5, and 3522, under 6).

    Reference(s)

    ILOAT Judgment(s): 3258, 3522

    Keywords:

    moral injury; staff representative;



  • Judgment 3648


    122nd Session, 2016
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the validity of a competition process in which she participated and the lawfulness of the ensuing appointment.

    Consideration 15

    Extract:

    Although the complainant’s submissions do not establish material injury, the unlawfulness of the contested decisions did cause her moral injury, for which compensation should be granted in the amount of 3,000 euros.

    Keywords:

    moral injury;



  • Judgment 3637


    122nd Session, 2016
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed a second application for execution of Judgment 2551.

    Consideration 5

    Extract:

    The ITU’s erroneous legal assessment has resulted in an unacceptable delay in the execution of Judgment 2551 and consequently in the final settlement of the dispute. Having regard to all the circumstances of the case, the Tribunal sees fit to award moral damages to the complainant in the amount of 20,000 Swiss francs.

    Reference(s)

    ILOAT Judgment(s): 2551

    Keywords:

    moral injury;



  • Judgment 3594


    121st Session, 2016
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish her post and not to renew her fixed-term appointment.

    Consideration 12

    Extract:

    "[T]he FAO shall pay the complainant moral damages for subjecting her to unequal treatment, thereby causing injury to her dignity and reputation [...]."

    Keywords:

    moral injury;



  • Judgment 3584


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his non-selection for a vacant post, alleging personal prejudice, and contests the transfer of the selected candidate to a commensurate post.

    Judgment keywords

    Keywords:

    complaint allowed; loss of opportunity; moral injury; procedural flaw; selection procedure;



  • Judgment 3582


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend her fixed-term appointment following the abolition of her position.

    Consideration 4

    Extract:

    According to the Tribunal’s case law, the amount of damages awarded for the injury caused by an unreasonable delay in processing an internal appeal depends on the length of the delay and its consequences (see Judgment 3530, under 5).
    Whatever the extent of the delay, its consequences naturally vary depending on the subject matter of the dispute. A delay in resolving a matter of limited seriousness in its impact on the appellant will ordinarily be less injurious than a delay in resolving a matter which has a severe impact (see Judgment 3160, under 17).

    Reference(s)

    ILOAT Judgment(s): 3160, 3530

    Keywords:

    delay in internal procedure; internal appeal; moral injury;



  • Judgment 3561


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks a review of Judgment 3141 on the basis that a new fact has allegedly come to light.

    Consideration 6

    Extract:

    "[T]he condition that internal means of redress must be exhausted would in any case not apply in respect of compensation for damage related to the length of proceedings (see, for example, Judgments 2744, under 6, and 3429, under 4)."

    Reference(s)

    ILOAT Judgment(s): 2744, 3429

    Keywords:

    direct appeal to tribunal; internal remedies exhausted; moral injury;



  • Judgment 3531


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.

    Judgment keywords

    Keywords:

    complaint allowed; internal appeal; moral injury; procedure before the tribunal;



  • Judgment 3530


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the EPO’s refusal to award them moral damages on account of the length of the internal appeal proceedings.

    Judgment keywords

    Keywords:

    complaint allowed; internal appeal; joinder; moral injury; procedure before the tribunal;



  • Judgment 3528


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.

    Judgment keywords

    Keywords:

    complaint allowed; internal appeal; moral injury; procedure before the tribunal;



  • Judgment 3527


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.

    Judgment keywords

    Keywords:

    complaint allowed; internal appeal; moral injury; procedure before the tribunal;



  • Judgment 3509


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to send his mail to an address, which is not the declared residence address in his last retirement questionnaire.

    Consideration 6

    Extract:

    "The unjustified delay of over three years between the filing of the appeal and the submission of the EPO’s position constitutes in itself an egregious delay which merits an award of damages. Taking into consideration both the excessive length of the delay and the fact that it is not apparent that this delay had a significant adverse impact on the complainant, the Tribunal sees fit to award moral damages in the amount of 800 euros (see Judgment 3160, under 17)."

    Reference(s)

    ILOAT Judgment(s): 3160

    Keywords:

    damages; moral injury;



  • Judgment 3508


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s alleged failure to take an express decision on his claim for the reimbursement of the travel expenses that he incurred in respect of his children upon leaving the service of the EPO.

    Considerations 6-7

    Extract:

    "With respect to the claim for moral damages for delay, this claim is not irreceivable because it was not raised in the internal appeal, as the EPO argues. It is in fact a claim by which the complainant seeks a remedy for inordinate or unreasonable delay in the internal appeal process itself, for which the Tribunal has in many instances awarded moral damages. [...]
    Taking into consideration the excessive length of the delay in the internal appeal process and the fact that it is not apparent that this delay had a significant adverse impact on the complainant, the Tribunal sees fit to award moral damages in the amount of 800 euros (see Judgment 3160, under 17)."

    Reference(s)

    ILOAT Judgment(s): 3160

    Keywords:

    moral injury;



  • Judgment 3502


    120th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director General's decision to partially adopt the Appeal Board's recommendations on his appeal against his temporary suspension.

    Consideration 20

    Extract:

    "As the Tribunal finds the suspension decision was lawful, any humiliation stemming from the suspension is not, in this case, compensable by way of an award of moral damages, given that the humiliation he suffered was a necessary and direct consequence of the suspension itself."

    Keywords:

    moral injury;



  • Judgment 3490


    120th Session, 2015
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to grant her request for retroactive reclassification of her former post.

    Consideration 33

    Extract:

    "The complainant is […] entitled to moral damages for the IAEA’s breach of its duty to disclose at a minimum, the key document on which the decision was based."

    Keywords:

    delay; disclosure of evidence; moral injury;



  • Judgment 3489


    120th Session, 2015
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision that his 2010 Performance Review Report shall be redone from the beginning and that a decision regarding an amendment to his contract extension from three to five years will be contingent on the outcome of the new Report.

    Consideration 9

    Extract:

    "[T]he Tribunal held in Judgment 3080, under 25, that the provision of Article VII, paragraph 1, of the Tribunal’s Statute, which requires all internal means of redress to be exhausted, does not apply to a claim for compensation for moral injury. The Tribunal restates that moral damages constitute a claim for consequential relief which the Tribunal has the power to grant in all circumstances."

    Reference(s)

    ILOAT Judgment(s): 3080

    Keywords:

    internal remedies exhausted; moral injury;



  • Judgment 3485


    120th Session, 2015
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss his harassment complaint for lack of evidence.

    Consideration 16

    Extract:

    "It is not controverted that some of [the complainant's]complaints went unanswered. This shows that there was a degree of indifference regarding his express concerns. This was not only another aspect of harassment but also a breach of the ICC’s duty of care towards the complainant which, in addition to the breach of due process, entitles him to moral damages [...]."

    Keywords:

    duty of care; harassment; moral injury;

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Last updated: 07.03.2024 ^ top