Moral injury (50,-666)
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Keywords: Moral injury
Total judgments found: 378
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Judgment 2973
110th Session, 2011
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"By failing to deal with the informal complaints in a manner consistent with its own policy, by failing to conduct an investigation in a timely manner when a formal complaint was filed and then by terminating the investigation, WHO breached its duty of care toward the complainant and caused her serious injury."
Keywords:
breach; claim; duty of care; expert inquiry; harassment; inquiry; investigation; moral injury; organisation's duties; written rule;
Judgment 2931
109th Session, 2010
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"[I]t was an affront to her dignity and a breach of the principle of equal pay for work of equal value to expect the complainant to work at a post that was graded below the level of the duties actually being performed. For this, she is entitled to moral damages [...]."
Keywords:
compensation; equal treatment; grade; moral injury; post; post classification; post description; respect for dignity;
Judgment 2904
108th Session, 2010
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14 and 15
Extract:
The complainant claims compensation for the overall delay involved in this matter.
"As for the internal appeal process, the Tribunal recalls that the Organization has a duty to maintain a fully functional internal appeals body. Thus, the Committee's statement that 'the alleged delays could not be ascribed to it as they were due to the need for arranging election of new members to the Appeals Committee and the time requirements for this' does not relieve the Organization from responsibility for the delay in the process. According to well-established case law, '[s]ince compliance with internal appeals procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed' (see Judgment 2197, under 33). The first appeal lasted for approximately 16 months, even though it hinged on the simple question of receivability. The entire process to date has stretched over eight years. In the circumstances, the complainant is entitled to be compensated in the amount of 4,000 euros for this delay."
Reference(s)
ILOAT Judgment(s): 2197
Keywords:
administrative delay; delay; internal appeal; internal appeals body; internal remedies exhausted; moral injury; organisation's duties; reasonable time;
Judgment 2884
108th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"As the Internal Appeals Committee erred in law in finding that it was not necessary to include the use of an assessment centre in the vacancy notice, it follows that the President's decision endorsing this view involves an error of law. This error would ordinarily result in the impugned decision and the underlying selection procedure being set aside. However, having regard to the circumstances and the complainant's failure to demonstrate any link between the breach of the Service Regulations and the outcome of the process, the decision and the process will not be set aside. This should not be construed in any way as condoning the conduct of the EPO. In accordance with its power under Article VIII of the Statute, the Tribunal decides that the complainant is entitled to moral damages in the amount of 10,000 euros for the breach of the Service Regulations of the Office."
Reference(s)
ILOAT reference: Article VIII of the Statute
Keywords:
breach; competition; competition cancelled; discretion; flaw; moral injury; staff regulations and rules;
Judgment 2861
107th Session, 2009
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 89
Extract:
"There will be an award of moral damages [...], but account will be taken of the complainant's contributing behaviour."
Keywords:
liability; moral injury;
Considerations 91 and 93
Extract:
"[T]he complainant seeks damages for the publication in the [Organization] monthly information bulletin that she had been separated from service, in the English version, and dismissed from service ('démise de ses fonctions') in the French version. The publication of this information was contrary to the Secretary-General's instructions but, even if published negligently, [the Organization] is liable for the damage occasioned to the complainant's reputation and dignity. In this regard, it was said in Judgment 2720 that 'international organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members' (see also Judgments 396, 1875, 2371 and 2475). It was also pointed out in Judgment 2720 that that obligation extends to former staff members."
"There will be an award of material and moral damages in relation to the publication [...]. However, account will be taken of the facts that the publication resulted from negligence, not malice, that it was speedily withdrawn and that the Secretary-General apologised to the complainant. In Judgment 2720 mentioned above the Tribunal held that, in the case of a continuing duty of an organisation to refrain from any type of conduct that may harm the reputation or dignity of its staff members, the Tribunal may order performance of that duty, including by ordering the publication of material to restore a person's reputation. The complainant seeks an order of that kind in the present case. However, the Tribunal is satisfied that her honour and reputation will be sufficiently vindicated by this judgment and by an award of damages."
Reference(s)
ILOAT Judgment(s): 396, 1875, 2371, 2475, 2720
Keywords:
compensation; damages; judgment of the tribunal; material injury; moral injury; negligence; organisation's duties; respect for dignity;
Judgment 2851
107th Session, 2009
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"It took [...] almost two and a half years before the complainant received the final decision impugned in her complaint. The internal appeal procedure was much too long and consequently the complainant was deprived of her right to a speedy resolution of her grievances (see Judgment 2196, under 9), for which she is entitled to an award of moral damages in the amount of 1,000 euros."
Reference(s)
ILOAT Judgment(s): 2196
Keywords:
compensation; delay; internal appeal; moral injury;
Judgment 2844
107th Session, 2009
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The case law allows that, where it appears that a final decision will not be made within a reasonable time, a staff member may file a complaint with the Tribunal (see Judgments 1968, under 5, and 2170, under 9 and 16). By the time the complainant filed her complaint, four months had elapsed since she had been informed that the Headquarters Board of Appeal had finalised its report. At that stage, it did not appear that a decision would be taken within a reasonable time, and, indeed, it was not."
Reference(s)
ILOAT Judgment(s): 1986, 2170
Keywords:
amount; decision; deduction; delay; direct appeal to tribunal; internal appeal; moral injury; reasonable time;
Judgment 2841
107th Session, 2009
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 9
Extract:
"The Tribunal is of the opinion that the complaint is irreceivable."
"However, the Tribunal finds that the Organization failed to deal with the complainant's appeal in a timely and diligent manner. According to well established case law, '[s]ince compliance with internal appeal procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed' (see Judgment 2197, under 33). In the present case, the internal appeal process lasted for approximately 18 months which is unacceptable in view of the simplicity of the appeal which hinged primarily on a question of receivability. The Tribunal therefore awards the complainant 1,500 euros in damages."
Reference(s)
ILOAT Judgment(s): 2197
Keywords:
administrative delay; delay; internal appeal; material damages; moral injury; organisation's duties; time limit;
Judgment 2839
107th Session, 2009
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"In her statement of appeal [...] the complainant specifically referred to and detailed the conduct that she alleged constituted a breach of the Organization's policy on harassment.
Upon receipt of these allegations of harassment, the Headquarters Board of Appeal was obliged to refer that aspect of the appeal to the Grievance Panel. The fact that the complainant did not take issue with the Board's failure to make the referral until sometime later, did not absolve the latter of its obligation to make the referral and to hold the appeal in abeyance.
The failure to make the mandatory referral constitutes an error of law for which the complainant is entitled to an award of moral damages. As the Director-General's decision was based on a fundamentally flawed process involving an error of law, it must be set aside."
Keywords:
internal appeal; internal appeals body; moral injury; organisation's duties; respect for dignity; staff member's duties; staff member's interest;
Judgment 2829
107th Session, 2009
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 5
Extract:
The complainant filed an appeal with the WIPO Appeal Board challenging the decision to suspend him from duty. The Board held that the appeal was irreceivable pursuant to the res judicata rule, inasmuch as it had already issued an opinion on the measure of suspension and no new administrative decision had been taken on this matter. The Director General also deemed the appeal irreceivable pursuant to the res judicata rule.
The Tribunal considers that "[t]he res judicata rule applies to decisions of judicial bodies, but not to opinions or recommendations issued by administrative bodies. The Director General was therefore obviously wrong to cite this rule as the basis for declaring the internal appeal irreceivable on the grounds that the Appeal Board had already given an opinion on the suspension and that no new administrative decision had been taken on this matter."
[...]
"The Organization shall pay the complainant 3,000 Swiss francs in compensation for the moral injury which he suffered owing to the fact that the merits of his internal appeal were not examined."
Keywords:
advisory opinion; allowance; compensation; executive head; general principle; grounds; internal appeal; internal appeals body; judgment of the tribunal; moral injury; receivability of the complaint; recommendation; res judicata;
Judgment 2820
107th Session, 2009
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"Although the complaint must be dismissed as irreceivable, there was an inordinate delay in providing a reply to the appeal within the time limit provided in the Staff Rules or the time in which the Executive Director was supposed to reply. Had these time limits been observed, the matter would not have proceeded beyond the original complaint. In the circumstances, the complainant is entitled to moral damages which the Tribunal sets at 1,000 euros [...]."
Keywords:
delay; internal appeal; moral injury; staff regulations and rules;
Judgment 2779
106th Session, 2009
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As the Tribunal has found, even though he was not competent to make the representation, Mr [...] made a promise to the complainant that his appointment would be extended beyond statutory retirement age. Mr R. also fostered the complainant's false belief that the promise would be honoured. Despite the complainant's numerous requests over a period of approximately 18 months clearly explaining his belief that a promise had been made, the Secretary-General chose to ignore the opportunities to correct the complainant's misapprehensions and permitted him to act on his mistaken belief. Lastly, the Secretary-General failed to make a decision on the complainant's request for an extension in a timely fashion. This conduct constitutes a breach of the duty to respect the complainant's dignity. At the very least, the Secretary-General should have notified the complainant that the Union did not accept the obligation when the matter was first brought to his attention. This conduct has caused the complainant moral injury for which he must be compensated in the form of moral damages."
Keywords:
compensation; decision-maker; duration of appointment; extension beyond retirement age; good faith; injury; moral injury; organisation's duties; promise; respect for dignity; retirement; staff member's interest;
Judgment 2751
105th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant represented three colleagues whose complaints to the Tribunal led to Judgment 2514. In its replies the Organisation had made defamatory statements on the complainant. "[T]he EPO [...] contends that the complaint is irreceivable to the extent of the claim for retraction of the defamatory statements. In this regard, it relies on Judgment 1635 where the Tribunal explained that it was not competent to order a written apology, as requested in that case. In Judgment 2720, also delivered this day, the Tribunal recognised, under 17, that publication of statements defamatory of a staff member by an international organisation gives rise to a continuous obligation to take steps to remedy, as far as possible, the harm done to the staff member's reputation. Moreover, the Tribunal held in that case that it could order performance of that obligation pursuant to Article VIII of its Statute. Accordingly, it is not correct to say that it is beyond the competence of the Tribunal to order the retraction of a defamatory statement."
Reference(s)
ILOAT reference: Article VIII of the Statute
ILOAT Judgment(s): 1635, 2514, 2720
Keywords:
apology; competence of tribunal; defamation; iloat statute; moral injury; order; receivability of the complaint; respect for dignity; staff representative;
Judgment 2744
105th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"In the present case, over three years have elapsed between the filing of the complainant's appeal and the issuing of the Internal Appeals Committee's opinion. Moreover, two and a half years have elapsed between the filing of the appeal and the submission of the EPO's position paper before the Committee, which constitutes an excessive delay in the proceedings. Therefore, the complainant is entitled to 1,000 euros in moral damages."
Keywords:
administrative delay; date; delay; internal appeal; internal appeals body; moral injury; period; procedure before the tribunal; publication; report; right;
Judgment 2698
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13-14
Extract:
The complainant was notified of a number of serious charges against him and was informed that he would be suspended from duty with pay until the end of the investigation into the charges. "The Director General did not [...] implement the Appeal Board's recommendation that he should conclude with all due speed the investigation into the allegations of serious misconduct against the complainant and should take a decision within a reasonable time. In fact he did not conduct the investigation with the dispatch required by the Tribunal's case law and by the circumstances of the case, and he thus caused an unjustified delay in the handling of the case. The explanations given by the Organization in its submissions are irrelevant, particularly because they do not indicate that the completion of the investigation was delayed through any fault on the part of the complainant.
By prolonging an essentially temporary measure beyond a reasonable time, without any valid grounds, thereby placing the complainant in a situation of uncertainty as to his further career, the Organization caused him moral injury which must be redressed by awarding him the amount of 10,000 United States dollars."
Keywords:
allowance; breach; career; case law; compensation; consequence; decision; delay; executive head; grounds; injury; inquiry; internal appeals body; investigation; moral injury; organisation's duties; provisional measures; reasonable time; recommendation; serious misconduct; suspensive action;
Judgment 2684
104th Session, 2008
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 and 10
Extract:
It must be emphasised that it is up to the parties to work together in good faith to execute the Tribunal’s judgments so as to ensure that they are executed within a reasonable period of time. It is apparent from the submissions that the procedure for obtaining a further medical opinion, as ordered in Judgment 2551, has been delayed most regrettably in a case in which the Tribunal has already drawn attention to the excessive length of the proceedings.
[...]
However, [the Tribunal] is bound to observe that [...] the Union failed in its duty to execute Judgment 2551 in good faith. [T]here is justification for awarding the complainant compensation [...].
Keywords:
execution of judgment; good faith; moral injury;
Judgment 2645
103rd Session, 2007
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
[T]he complainant, in her appeal to the Director-General, the rejection of which prompted her to submit the matter to the Appeals Committee, merely requested that the disciplinary measure of suspension be revoked and that she be reinstated in the Organization. In her appeal she asked the Committee to rule that the penalties imposed on her were unlawful. It would therefore appear that during the internal proceedings she filed no specific claim for damages for an injury due to the sexual harassment she claimed to have suffered, although she dwelt at length on her allegations of sexual harassment and attributes the reprisals by her supervisor to her having reported them.
The Tribunal therefore considers that any claim for damages for the injury that the complainant allegedly suffered as a result of sexual harassment constitutes an extension of the scope of the claims filed during the internal appeal proceedings and is therefore irreceivable pursuant to Article VII(1) of the Tribunal’s Statute inasmuch as the complainant has not exhausted the internal means of redress (see, inter alia, Judgement 1380, under 12).
Reference(s)
ILOAT Judgment(s): 1380
Keywords:
moral injury; new plea; sexual harassment;
Judgment 2626
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(a)
Extract:
"A decision to refuse to publish in an international organisation's in-house magazine the corrigendum of an article which, in the opinion of the staff member concerned, injures his personal interests may constitute a breach of that staff member's personal rights and an infringement of his freedom of expression. Insofar as such a decision in itself produces legal effects and infringes the rights of the staff member concerned, it constitutes an administrative act causing injury."
Keywords:
amendment to the rules; breach; cause of action; effect; freedom of speech; individual decision; injury; moral injury; organisation; publication; refusal; respect for dignity; right; staff member's interest;
Judgment 2588
102nd Session, 2007
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Agency has produced before the Tribunal an excerpt of the minutes of the Panel’s meeting [...], as a result of which the complainant has been able to consult that document and to have at her disposal more information than the mere analysis thereof by the Joint Appeals Board. This late disclosure does not remedy the irregularity committed by the Agency, for it is well settled (see, for example, Judgments 1815, under 5, and 2315, under 27) that “[t]o ensure due process both in internal proceedings and before the Tribunal, the staff member must get any items of information material to the outcome”. In the instant case, consulting the Joint Advisory Panel’s report, even if it was in principle confidential, was instructive for the complainant, and some of its content was liable to influence the outcome of her claims since it discloses that some members of the Panel expressed reservations, and even showed some concern about the solution finally adopted, and that they suggested that the Agency should help the staff member to find alternative employment. This procedural irregularity does not in itself call into question the lawfulness of the impugned decision, but it must be borne in mind when assessing the injury which the complainant claims to have suffered [...].
Reference(s)
ILOAT Judgment(s): 1815, 2315
Keywords:
damages; delay; disclosure of evidence; moral injury;
Judgment 2558
101st Session, 2006
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(a)
Extract:
According to the complainant, the decision to extend her probationary period is unlawful because it was not taken by the President of the Office. "It is for the Organisation to prove that whoever decides to extend an official's probationary period, or to dismiss the official, is authorised to take that decision, either by virtue of a statutory provision, or by virtue of a lawful delegation by the person in whom such authority is vested under that provision (see Judgment 2028, under 8, third paragraph, and 11). [...] In the absence of any formal delegation by the President, the Tribunal concludes that the complainant's plea that the decision to extend her probationary period was taken ultra vires is well founded. This flaw will not lead it to set aside the decision in question, but it does justify compensating the complainant for any moral injury the flaw may have caused her."
Reference(s)
ILOAT Judgment(s): 2028
Keywords:
allowance; burden of proof; competence; consequence; decision; decision-maker; delegated authority; executive head; extension of contract; flaw; iloat; lack of evidence; moral injury; official; organisation's duties; probationary period; provision; refusal; staff regulations and rules; termination of employment;
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