ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Moral injury (50,-666)

You searched for:
Keywords: Moral injury
Total judgments found: 351

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 | next >



  • Judgment 1376


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "Any organisation that is serious about deterring sexual harassment and consequential abuse of authority by a superior officer must be seen to take proper action. In particular victims of such behaviour must feel confident that it will take their allegations seriously and not let them be victimised on that account. In this case the WHO has utterly failed to protect the complainant's rights."

    Keywords:

    abuse of power; bias; breach; misuse of authority; moral injury; negligence; organisation's duties; right to reply; sexual harassment; staff member's interest; supervisor;

    Consideration 20

    Extract:

    "The damage caused to the complainant's career and reputation is so grave that no form of redress short of reinstatement and the grant of a further contract of employment will suffice."

    Keywords:

    career; compensation; contract; injury; material injury; moral injury; reinstatement;



  • Judgment 1372


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "As the Tribunal held in Judgments 1177 [...], under 5, and 1323 [...], under 9, an item that forms part of the proceedings that led to the impugned decision may not be withheld from scrutiny by the Tribunal. That holds good for any appellate body. So the administration ought to have disclosed to the Regional Board the documents it required to enable it to take up the complainant's appeal properly."

    Reference(s)

    ILOAT Judgment(s): 1177, 1323

    Keywords:

    case law; confidential evidence; disclosure of evidence; flaw; internal appeal; internal appeals body; judicial review; moral injury; procedure before the tribunal;



  • Judgment 1370


    77th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Judgment 1317 [...] brought out the need for a properly functioning internal appeal procedure, of which the Appeal Board is an essential part. In this case the Board took far too long to report and failed to perform its function properly. Although in the circumstances the shortcomings of the appeal procedure may not be deemed to constitute bad faith, the ITU was negligent and caused the complainant injury. On that account it must afford him redress."

    Reference(s)

    ILOAT Judgment(s): 1317

    Keywords:

    case law; compensation; delay; flaw; good faith; injury; internal appeal; internal appeals body; moral injury; negligence; organisation's duties; procedure before the tribunal; report; staff member's interest;



  • Judgment 1342


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    There is evidence that the reasons the WHO gave for not extending his appointment were mistaken. "The refusal to extend the complainant's contract on patently untenable grounds makes it 'more probable than not' that the decision was actuated by personal prejudice against him. It therefore cannot stand."

    Keywords:

    bias; contract; moral injury; non-renewal of contract; presumption; separation from service;

    Consideration 14

    Extract:

    The Organization decided not to extend the complainant's appointment. It submits that the project to which it assigned him was one of limited duration and that there was accordingly no need to apply the reduction-in-force procedure. "Here the project was not one of limited duration. First, the WHO has not produced any document which established the complainant's post or prescribed its duration. Moreover, even assuming that it might have begun as a post of limited duration, the several extensions of it show that it had become one of indefinite duration and the complainant was therefore entitled on the abolition of it to have the reduction-in-force procedure applied."

    Keywords:

    abolition of post; amendment to the rules; creation of post; due process; fixed-term; legitimate expectation; moral injury; permanent appointment; post; post held by the complainant; procedure before the tribunal; staff reduction;



  • Judgment 1340


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Subordinates are vulnerable to criticism by superiors and if criticism is untrue must be protected from unjust attack. In this case there was a duty on the organisation to make an investigation. Since it failed to take any such action the complainant is awarded moral damages for its failure to protect and vindicate his good name."

    Keywords:

    bias; injury; inquiry; investigation; moral injury; organisation's duties; staff member's interest; supervisor;

    Consideration 11

    Extract:

    "The onus of proof lies on the organisation to bear out its allegations and insinuations and not, as the organisation submits, on the complainant to show them to be untrue. In the absence of any proof of their accuracy, the assumption must be that they are untrue."

    Keywords:

    burden of proof; evidence; lack of evidence; moral injury; organisation's duties; presumption of innocence;



  • Judgment 1331


    76th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "On account of the undue delay in the selection process [i.e. some ten months between the issue of the vacancy notice and the meeting of the Selection Committee] the Tribunal awards the complainant damages for moral injury in a sum of 1,000 United States dollars."

    Keywords:

    administrative delay; competition; competition cancelled; delay; due process; moral injury; procedure before the tribunal; selection board; vacancy notice;



  • Judgment 1319


    76th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "By causing or allowing [a delay of more than one year between the internal appeal and the final decision] and by denying the Board of Appeal the information which would have enabled it to give a timely and complete opinion on the complainant's case the organization fell short of the requirements of due administrative process and of the standards of care it must apply to its staff. In the circumstances, the complainant is entitled to the sum [...] she has claimed in damages and costs."

    Keywords:

    administrative delay; costs; due process; duty to inform; internal appeals body; material damages; moral injury; organisation's duties;



  • Judgment 1306


    76th Session, 1994
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant is challenging the UPU's interpretation and execution of Judgment 1235 in which the Tribunal quashed the Director-General's decision confirming his refusal to appoint him to a specific post and offering him compensation for moral injury. "The award of moral damages affords him redress for the injury the Union's unlawful act caused him up to the date of Judgment 1235; it does not relieve the Union of remedying that unlawful act by reviewing the matter of his rights, and this time doing it properly."

    Reference(s)

    ILOAT Judgment(s): 1235

    Keywords:

    application for interpretation; execution of judgment; flaw; injury; judgment of the tribunal; moral injury; organisation's duties; purpose;



  • Judgment 1294


    75th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "In Judgment 447 [the Tribunal] declared, as to compensation for moral injury, that 'where the impugned decision is not unlawful such compensation is due only in exceptional circumstances'."

    Reference(s)

    ILOAT Judgment(s): 447

    Keywords:

    allowance; case law; compensation; moral injury;



  • Judgment 1131


    71st Session, 1991
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The answer to [the complainant's] claim to moral damages is that such a claim will not lie just because the decision was unlawful. In this case the purpose of the impugned decision [to abolish his post for budgetary reasons] was quite proper and there was nothing demeaning about it."

    Keywords:

    condition; decision; flaw; moral injury;



  • Judgment 1090


    70th Session, 1991
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant says that the Executive Director of the World Food Programme assured him in an interview that he could be sent to Tunisia for one term. The evidence shows that the organization took ten months before making its position clear without however denying outright that the Executive Director had made such a promise. The complainant therefore had good reason to expect up to then that he would get what he wanted. The FAO's behaviour could but cause the complainant at least moral injury for which he is entitled to redress.

    Keywords:

    injury; legitimate expectation; moral injury; promise; transfer;



  • Judgment 1069


    70th Session, 1991
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant seeks an award of damages for unlawful treatment causing him moral and material injury, and for loss of belongings.

    Keywords:

    material damages; moral injury;



  • Judgment 1043


    69th Session, 1990
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant submitted an application for execution of Judgment 922 that set aside the decision to dismiss him. The UPU subsequently notified the Tribunal that it had reversed the decision and would offer the complainant compensation. The Tribunal took note of the Union's undertaking and awarded him 10,000 Swiss francs in damages for all the forms of injury he sustained and 1,000 francs towards costs.

    Reference(s)

    ILOAT Judgment(s): 922

    Keywords:

    application for execution; case pending; cause of action; costs; injury; material damages; moral injury; no cause of action; settlement out of court;



  • Judgment 1026


    69th Session, 1990
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant's appointment was terminated upon the abolition of his post. The organization offered him 5000 United States dollars in compensation for the delay in dealing with the case. The Tribunal holds that this "does not measure up to the degree of moral and material injury [the organization] has caused the complainant, whose health has grown much worse since termination. The Tribunal believes that more reasonable awards would be $8,000 in damages and $2,000 towards costs."

    Keywords:

    abolition of post; administrative delay; amount; costs; internal appeal; internal appeals body; moral injury; terminal entitlements; termination of employment;



  • Judgment 1017


    69th Session, 1990
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Paragraph 3(v) of an IFAD Administrative Instruction on probation under fixed-term appointments reads: "Where it is deemed by the head of department that the staff member's performance is less than satisfactory, he/she will be immediately informed by the head of department that a decision from the President will be sought to terminate his/her services by letting the period of probation lapse." The President's decision to terminate the complainant's appointment at the end of the extended period of probation was flawed by non-compliance with this requirement. because the decision was in breach of the procedural rule, the Tribunal will set it aside and award the complainant substantial compensation for the improper termination of her contract and for moral damages.

    Keywords:

    duty to inform; flaw; moral injury; probationary period; procedural flaw; termination of employment; unsatisfactory service;



  • Judgment 999


    68th Session, 1990
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Since the breach of due process in the internal appeal proceedings has held up the final determination of the matter and caused the complainant injury whatever the outcome may eventually be, the Tribunal orders the Organization to pay him lump-sum damages in the amount of 500 United States dollars."

    Keywords:

    administrative delay; amount; injury; judgment of the tribunal; material damages; moral injury; procedural flaw;



  • Judgment 972


    66th Session, 1989
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Decision

    Extract:

    The decision not to renew the complainant's contract is set aside. The Tribunal holds that in the circumstances reinstatement would not be advisable. It orders the organization to pay the complainant the equivalent of two years' salary as damages for material injury, 25,000 Swiss francs for moral injury and 10,000 Swiss francs as costs.

    Keywords:

    amount; contract; costs; fixed-term; material damages; material injury; moral injury; non-renewal of contract;



  • Judgment 946


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "There is no award of moral damages. Since the organization was applying a policy of staff retrenchment required by financial constraints, the non-renewal cannot be deemed to have harmed the complainant's professional reputation. Nor indeed does he offer any evidence of moral injury."

    Keywords:

    abolition of post; contract; evidence; fixed-term; lack of evidence; moral injury; non-renewal of contract; professional injury;



  • Judgment 942


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is plain from the evidence now before the Tribunal that the transfer was flawed: first, no objective and impartial inquiry, such as the complainant had been asking for all along, had been carried out beforehand; and, secondly, there was breach of the duty any international organisation owes its staff to treat them with respect for their dignity and good name. The impugned decision must therefore be set aside."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    flaw; inquiry; investigation; moral injury; organisation's duties; professional injury; respect for dignity; transfer; working relations;



  • Judgment 907


    64th Session, 1988
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant "is not entitled to damages for his wife's loss of salary and pension rights. Even if proven, the injury would not be directly attributable to the unlawful decisions."

    Keywords:

    compensation; consequence; decision; injury; material damages; moral injury; termination of employment;

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 | next >


 
Last updated: 28.01.2022 ^ top