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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 351

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  • Judgment 2457


    99th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Organisation contends that the claims for damages are irreceivable because they were put forward in this specific manner for the first time in the complaint. However, it appears from the submissions that the request concerning damages had in fact been made in the course of the internal appeal procedure, albeit only orally and in general terms. [...] The Tribunal therefore considers that, in accordance with the case law (see in particular Judgment 2360), the claims for damages are receivable."

    Reference(s)

    ILOAT Judgment(s): 2360

    Keywords:

    appraisal of evidence; breach; case law; claim; complaint; evidence; formal requirements; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; procedure before the tribunal; receivability of the complaint; request by a party;



  • Judgment 2416


    98th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 11

    Extract:

    "The EPO's position is that because the claim for damages was made as an oral submission during the [Appeals] Committee hearings [...], rather than being included in the complainant's original written submissions, it was not actually part of the internal appeal and therefore cannot now be claimed before the Tribunal. [...]
    The objection to receivability is misconceived. The Appeals Committee accepted that the complainant could make a claim for damages and heard both parties on the question. The reason that the Tribunal insists that any claim made before it must first have been asserted in the internal appeal process is that Article VII(1) of its Statute demands that the complainant first exhaust any available internal means of redress. The EPO has not shown that there is any equivalent provision relating to internal appeals, and it is desirable that such appeals should be as unencumbered as possible by procedural obstacles provided that elementary fairness is observed."

    Reference(s)

    ILOAT reference: Article VII(1) of the Statute

    Keywords:

    adversarial proceedings; claim; equity; general principle; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; moral injury; new claim; oral proceedings; receivability of the complaint;



  • Judgment 2396


    98th Session, 2005
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Any administrative or disciplinary body of an organisation which consults a third party to obtain information concerning the professional behaviour of one of its staff members must naturally avoid impairing the latter's dignity and reputation. In the first place, it absolutely must ensure that the presumption of his innocence is maintained, and if its action is such as to breach the presumption of innocence or the fundamental rights of the staff member, making that action confidential is of no avail."

    Keywords:

    breach; communication to third party; confidential evidence; disciplinary procedure; executive body; moral injury; official; organisation's duties; presumption of innocence; qualifications; respect for dignity; right;



  • Judgment 2394


    98th Session, 2005
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant's appointment was terminated. "[I]t emerges quite clearly from the file that the irregularities committed [...], the careless way the Organization advertised the complainant's post before he had even had a chance to comment on the termination of his contract, and the way it admitted the unlawfulness of the termination notified on 29 August 2001 [...] only in a decision of 28 June 2003 notified to the complainant on 17 July 2003, severely harmed the complainant's legitimate interests and impaired his dignity." He is therefore entitled to a compensation for the financial and moral damage he incurred.

    Keywords:

    acceptance; allowance; competition; date of notification; delay; flaw; injury; material injury; misconduct; moral injury; organisation; post; respect for dignity; right; right to reply; staff member's interest; termination of employment;



  • Judgment 2392


    98th Session, 2005
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant submits that the internal appeal procedure took far too long. "To this the Fund makes two replies: first, that the complainant implicitly accepted the delays because she did not appeal directly to the Tribunal once she had decided that matters were dragging before the Joint Appeals Board; secondly, that a large part of the delay was due to the JAB itself [...]. Neither argument is persuasive. It is true that according to the case law a complainant may come directly to the Tribunal when the internal procedure takes too long (see Judgment 2196 and the cases cited therein), but the fact that a complainant does not take advantage of this cannot be held against him or her. Likewise, whether the delay was due to IFAD's tardiness (as a very large part of it clearly was) or to the malfunctioning of the JAB is simply irrelevant in light of the organisation's duty to provide to the members of its staff an efficient internal means of redress. The complainant is entitled to damages. (See Judgments 2072 and 2197.)"

    Reference(s)

    ILOAT Judgment(s): 2072, 2196, 2197

    Keywords:

    acceptance; administrative delay; case law; cause; complainant; delay; direct appeal to tribunal; grounds; internal appeal; internal appeals body; moral injury; official; organisation's duties; procedure before the tribunal; right; time limit;



  • Judgment 2373


    97th Session, 2004
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    After the decision not to renew his contract the complainant was placed on special leave with full pay until the end of the contract and his access to the building was withdrawn. When he went to the OPCW's premises in order to hand in his request for review, he was escorted at all times by a security officer. The complainant considered this treatment to be an affront to his dignity. "Without in any way denying that the OPCW, like many other international organisations, must be vigilant about matters of internal security, the Tribunal notes that neither in the impugned decision nor in its reply does the Organisation give any explanation as to why it was thought necessary to treat the complainant in such a humiliating manner. Except in the most urgent cases, the requirements of security can almost always be fully met while still respecting the rights and dignity of individuals. This is especially so where [...] there is no breach of discipline involved and the person concerned has for many years occupied a position of trust to the Organisation's apparent complete satisfaction. [...] The Tribunal assesses [the moral] damages at 10,000 euros [...]."

    Keywords:

    assignment; breach; contract; grounds; injury; moral injury; non-renewal of contract; organisation; organisation's duties; reply; respect for dignity; right; salary; satisfactory service; special leave;



  • Judgment 2371


    97th Session, 2004
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    One of the complainant's subordinates submitted a grievance for moral harassment against him. The Ombudsperson circulated her report thereby disclosing the accusations against the complainant to persons who were not entitled to be informed of them. "Had this report been seen only by the persons entitled to receive it, it might not have injured the complainant's reputation, given that it was issued by an authority of the Organization which had no power of decision. However, as pointed out above, the whole of the report was communicated to persons who were not entitled to see it and there is no doubt that this disclosure, which was contrary to the obligation of confidentiality by which the Ombudsperson is bound pursuant to Article 13.15, paragraph 9, of the Staff Regulations, caused the complainant injury warranting compensation, even though the report was circulated 'on a confidential basis'."

    Reference(s)

    Organization rules reference: Article 13.15, paragraph 9, of the Staff Regulations

    Keywords:

    advisory body; breach; communication to third party; compensation; confidential evidence; harassment; injury; internal appeals body; moral injury; official; organisation's duties; report; request by a party; staff regulations and rules; supervisor;



  • Judgment 2360


    97th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The Organization considers that the claims for compensation for certain heads of injury were not submitted during the internal appeal proceedings and must therefore be dismissed as irreceivable. "[T]he claims to compensation for moral injury and for breach of the complainant's rights were put forward in the internal appeal, though in a different form, and are certainly receivable, even though some heads of injury, concerning the complainant's state of health in particular, had not been enlarged upon, since the complainant had stated in his appeal [...] that the decision he contested caused him 'undoubted material and moral injury'."

    Keywords:

    breach; claim; compensation; decision; difference; formal requirements; injury; internal appeal; internal remedies exhausted; material injury; moral injury; procedure before the tribunal; receivability of the complaint; right;



  • Judgment 2356


    97th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant claims damages for the injury resulting from the inclusion in her personnel file of a memorandum bearing negative remarks about her performance. "While there is no evidence whatsoever to support the complainant's claim that she was humiliated and that her future career prospects were adversely affected by this memorandum, the fact remains that the Appeals Committee found, and the Director-General accepted, that the document should be removed from her file. That necessarily implies an acceptance by the Organization that it had acted wrongly in putting it there in the first place. This entitles her to a nominal award of moral damages which the Tribunal evaluates at 500 euros."

    Keywords:

    acceptance; advisory opinion; breach; career; claim; executive head; general service category; grade; injury; internal appeals body; lack of evidence; moral injury; official; personal file; request by a party; respect for dignity; right; supervisor; unsatisfactory service;



  • Judgment 2345


    97th Session, 2004
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "In view of its duty of care towards its staff, an organisation must spare them the material and psychological drawbacks of endless procedures [...]: while an organisation cannot avoid an occasional overload of work, it must take appropriate measures to avert the drawbacks of a massive and foreseeable increase in legal disputes."

    Keywords:

    delay; duty of care; material injury; moral injury; organisation's duties; procedure before the tribunal;



  • Judgment 2325


    97th Session, 2004
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[T]he delay of some 15 months between the selection of the successful candidate and the notification to the complainant thereof was unreasonably long. The Agency's argument to the effect that the complainant was implicitly aware of his non-selection because he knew that someone else had been placed on the post is not acceptable. It had the duty to inform the complainant in a timely manner of his non-appointment. The Agency has failed in its obligation to deal with the complainant in good faith and, while such failure can in no way affect the validity of the selection process itself, it does entitle the complainant to a nominal award of moral damages which the Tribunal fixes at 500 euros."

    Keywords:

    administrative delay; candidate; competition; duty to inform; good faith; moral injury; reasonable time; time limit;



  • Judgment 2324


    97th Session, 2004
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "A decision to place a senior officer on leave with or without pay pending a review of his or her performance is one that inevitably affects that person's dignity and good name and, moreover, it is one that will almost certainly carry adverse consequences for his or her career. Where, as here, the decision is unlawful, the person concerned is entitled to compensation. However, the measure of compensation may vary according to whether, on the one hand, the decision might otherwise properly have been taken in the circumstances or, on the other, whether it appears to have been taken for an improper purpose." [See consideration 18 for the Tribunal's appreciation of the purpose.]

    Keywords:

    abuse of power; amount; career; compensation; grounds; misuse of authority; moral injury; proportionality; respect for dignity; special leave; unpaid leave; work appraisal;



  • Judgment 2306


    96th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 15

    Extract:

    As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, in the case of wrongful termination, an employee is entitled to material damages consisting of salary and entitlements up to the date on which the contract would normally have expired. In this case "the Appeals Committee found that 'the [complainant's] dignity had been harmed by the administrative procedure leading to termination and that some redress for the material and moral injury he suffered [was] warranted' [...]. Notwithstanding that finding, the Committee only recommended payment of an amount equivalent to salary and allowances until the end of the complainant's fixed-term contract. As already explained, he was entitled to that amount for material damage. Thus, the effect of the recommendation of the Appeals Committee was to deny the complainant compensation for moral injury notwithstanding its finding that his dignity had been harmed. That was an error of law and, as the Director-General's decision was based on the recommendations of the Appeals Committee, it necessarily involves the same error of law."

    Keywords:

    abuse of power; allowance; amount; breach; compensation; consequence; contract; decision; effect; executive head; fixed-term; general principle; internal appeals body; material injury; misuse of authority; moral injury; official; procedure before the tribunal; recommendation; reconstruction of career; respect for dignity; right; salary; termination of employment;

    Consideration 21

    Extract:

    "Given the unsatisfactory nature of the administrative processes which led to the early termination of the complainant's contract and, in particular, the lack of due process, the want of transparency and the 'unreasonably brief' nature of those processes, [...] the complainant should be awarded moral damages in the amount of 5,000 United States dollars."

    Keywords:

    amount; breach; contract; moral injury; procedural flaw; procedure before the tribunal; right; right to reply; termination of employment;



  • Judgment 2261


    95th Session, 2003
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant's submission that the punishment imposed by the Director-General was disproportionate now takes on added importance. The penalty of dismissal was upheld by him on the assumption that the appeals of all three charges were properly dismissed, but they were not. It is clear that the Director-General simply did not turn his mind to the question of whether or not the first charge alone justified the penalty of dismissal, the most serious punishment available. The Tribunal itself cannot impose a penalty but equally cannot allow a penalty to stand if it has manifestly been imposed on an erroneous assumption. Nor should it condone the Organization's failure to bring the internal appeal process to a timely and proper conclusion effectively depriving the complainant of both his remedy and his employment for over three years. Accordingly, it will quash the penalty on the first charge only and refer the matter back to the Director-General for a new decision on the penalty after giving the complainant full opportunity to make representations. Any penalty thus imposed is to take effect only from the date of the Director-General's new decision. The complainant must account for any outside earnings during the period of his reinstatement. In the circumstances, the Tribunal will not award any moral damages.

    Keywords:

    moral injury; reinstatement;



  • Judgment 2222


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5-6

    Extract:

    "The decisive factor behind the request for the complainant's diplomatic immunity to be waived [...] was not brought to the complainant's knowledge. That might have given him a chance to identify his accusers and, if need be, armed with that knowledge, to explain to his hierarchical superiors the reasons for the serious charges brought against him, before the decision was taken to waive his diplomatic immunity [...] by virtue of the right to information recognised by the tribunal's case law, particularly Judgment 1756, the organization, which held information that was so important to the complainant, had an obligation to bring it to his knowledge. It may be concluded from the above that the organization violated the complainant's right to be informed and injured his dignity and reputation."

    Reference(s)

    ILOAT Judgment(s): 1756

    Keywords:

    breach; case law; complainant; consequence; decision; duty to inform; elements; judgment of the tribunal; moral injury; organisation's duties; privileges and immunities; request by a party; respect for dignity; right; right to reply; supervisor; waiver of immunity;



  • Judgment 2197


    94th Session, 2003
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 33

    Extract:

    "Since 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. Here, while the [Joint Appeals] Board, once the meetings had started, came to its conclusion fairly quickly, there can be no valid excuse to justify the delay of over twenty months between the filing of the internal appeal and the start of the hearings. No doubt some of this was due to the complainant herself and the long convoluted and complicated nature of her pleadings, which frequently contradict themselves, but [the organization] cannot escape responsibility for the inordinate amount of time taken." The Tribunal awards 3 000 euros in damages.

    Reference(s)

    ILOAT Judgment(s): 2072

    Keywords:

    administrative delay; delay; internal appeal; internal appeals body; internal remedies exhausted; material damages; moral injury; oral proceedings; organisation's duties; staff member's duties;



  • Judgment 2190


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is incomprehensible that no internal administrative investigation was conducted following an accident which involved a [...] vehicle [of the organization] driven by an employee of the organization in the context of an official mission, and which caused the death of two passengers, one of whom was a [...] staff member [of the organization], as well as the serious injuries suffered by the complainant. The fact that the Namibian authorities opened their own enquiry could not in any way exempt the organization from ascertaining whether the condition of the vehicle, the preparation of the mission and, more generally, the circumstances of the accident revealed any administrative failure, the consequences of which it would have a duty to bear. [...] There is no evidence to suggest that any internal enquiry whatsoever was conducted in connection with this accident. This failure caused the complainant an injury which the Tribunal considers to be equitably compensated by an award of 5,000 United States dollars."

    Keywords:

    injury; inquiry; investigation; material damages; member state; misconduct; moral injury; omission; organisation's duties; professional accident; service-incurred;



  • Judgment 2184


    94th Session, 2003
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "It is the essence of secondment that the official concerned shall return to and resume his employment with the releasing organisation upon expiry of the agreed term. Since he was aware of such terms of employment, the complainant cannot be entitled to moral or compensatory damages."

    Keywords:

    allowance; fixed-term; general principle; moral injury; refusal; request by a party; secondment; staff member's duties; terms of appointment;



  • Judgment 2170


    94th Session, 2003
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The Organisation decided to withhold the complainant's salary increment. It failed to respond either to her initial request for review of the decision or to her subsequent appeal to the appeal board. "Since she succeeds in part, the complainant is entitled to moral damages which are aggravated by the [Organisation's] wholly unacceptable treatment of her internal appeal."

    Keywords:

    absence of final decision; delay; failure to answer claim; injury; internal appeal; moral injury;



  • Judgment 2139


    93rd Session, 2002
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The Tribunal [...] sets aside the impugned decision and orders the Agency to restore the rights which the complainant would have enjoyed since the date his appointment came to an end, and to reinstate him in his post [...]. It grants him moral damages [...].

    Keywords:

    moral injury; reinstatement;

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Last updated: 28.01.2022 ^ top