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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 402

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  • Judgment 3038


    111th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    Failure of the parties to reach agreement on the amount of compensation owed to the complainant for the termination of his appointment following a flawed reassignment procedure.
    "The Tribunal finds that the inordinate delay on the part of the Organization, and its conduct during the negotiations, do not reflect the duty that is incumbent on an organisation to negotiate in good faith, or the care it should take in the implementation of a decision. These matters warrant an award of moral damages."

    Keywords:

    compensation; conduct; delay; duty of care; good faith; moral injury; organisation; organisation's duties; settlement out of court;



  • Judgment 3035


    111th Session, 2011
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The complainant was suspended from duty on 4 September 2008.
    "The Tribunal finds that, in maintaining the complainant's suspension by his decision of 6 July 2009, the Director General extended the duration of this suspension beyond the reasonable limit accepted by the case law and thus caused the complainant moral and professional injury."

    Keywords:

    breach; case law; cause; date; executive head; extension of contract; injury; moral injury; professional injury; reasonable time; suspension;



  • Judgment 3023


    111th Session, 2011
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The Tribunal rejects the plea that the non-observance of the time-limits for the filing of the internal appeal was due to reasons beyond the complainant's control.
    "[T]he complainant claims that she has suffered injury due to the delay in the internal appeals proceedings. The Tribunal notes that the internal appeal took approximately 17 months. Given that the only issue considered in the appeal process was receivability, the Tribunal agrees that there has been undue delay for which the complainant is entitled to moral damages [...]."

    Keywords:

    claim; compensation; complainant; delay; internal appeal; moral injury; reasonable time;



  • Judgment 2982


    110th Session, 2011
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "[The complainant] was replaced virtually immediately even though his contract had somewhat less than two months to run [...] and he had earlier been told that he was to be provided with assistance for the project; he was given no warning of the decision; he was not heard on the question and adequate reasons were not provided. Replacing the complainant in these circumstances constituted '[a]ctions [...] directed at actively damaging [his] personal and/or professional reputation' and, thus, falls within the definition of 'harassment' in General Bulletin No. 1312 of 26 March 2002."

    Reference(s)

    Organization rules reference: IOM General Bulletin No. 1312 of 26 March 2002

    Keywords:

    decision; duty to inform; duty to substantiate decision; harassment; moral injury; organisation's duties; professional injury; reassignment; warning;



  • 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;

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Last updated: 07.03.2024 ^ top