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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 402

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  • Judgment 1434


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The organization denied the Appeals Board access to information and documents that were given to the Selection Board. The Tribunal holds that the complainant "was denied due process in the internal appeal proceedings, and for that he was entitled to redress. the organization did not offer him any. The Tribunal will therefore award him 3,000 United States dollars in moral damages".

    Keywords:

    compensation; confidential evidence; flaw; internal appeal; internal appeals body; moral injury; procedural flaw; selection board;



  • Judgment 1432


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The organization wrongly told the complainant that she was not under contract after reassigning her to a post in the field following a break in service. The Tribunal concludes that the complainant had been reemployed by the organization and that "on account of [its] attitude towards her she has sustained moral injury over and above the [material] injury [that she sustained]".

    Keywords:

    contract; material injury; moral injury; organisation's duties;



  • Judgment 1427


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The Organization did not execute the judgment ordering it to reinstate the complainant as promptly as it should have. It caused him "needless uncertaintyby requiring him to apply for vacancies and by ignoring his request for reinstatement in the vacant post of storekeeper [which he formerly held]. It thus virtually compelled him to come back to the Tribunal".

    Keywords:

    application for execution; execution of judgment; judgment of the tribunal; moral injury; organisation's duties; reinstatement; vacancy;

    Consideration 10

    Extract:

    The complainant is entitled to "moral damages for the injury due to the thwarting of his legitimate expectation of prompt and correct execution of the Tribunal's judgment."

    Keywords:

    administrative delay; application for execution; execution of judgment; judgment of the tribunal; legitimate expectation; moral injury; organisation's duties;



  • Judgment 1407


    78th Session, 1995
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The complainant says that her transfer amounted to a hidden disciplinary measure to get back at her because she asserted her right of appeal. "The Tribunal is satisfied that there was no question of disciplinary action": she herself applied for the transfer and it cost her no loss of pay or grade or responsibility. "Nor does she allege any loss of dignity in the duties she had to perform."

    Keywords:

    amendment to the rules; disciplinary measure; grade; hidden disciplinary measure; moral injury; right of appeal; salary; transfer;



  • Judgment 1406


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The Tribunal dismisses [the complainant's] claims to reinstatement or payment of two years' salary and to further moral damages to cover the injury to her future financial prospects since there was nothing unlawful in the WHO's refusal to reinstate her or extend her appointment."

    Keywords:

    claim; contract; good faith; material damages; moral injury; non-renewal of contract; organisation's duties; reinstatement;



  • Judgment 1395


    78th Session, 1995
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was dismissed on grounds of unsuitability for work without having had a chance to answer the charges against her. The Tribunal orders her reinstatement and observes that she is also "entitled to an award of damages for moral injury in view of her seniority and her humiliation by being told that she 'need not be present in the laboratory until the end of [her] contract'."

    Keywords:

    moral injury; organisation's duties; reinstatement; respect for dignity; seniority; termination of employment; unsatisfactory service;



  • Judgment 1394


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant claims damages for injury due to wrongful delay in completing his performance report for 1986-87. "The Tribunal is satisfied on the evidence that the delay that occurred was inadmissible. The EPO's failure to settle reasonably soon a dispute that raised no especially difficult issue of fact or law has discomfited the complainant in that after six years he does not yet have his final rating for 1986-87. [...] He has sustained moral injury, and indeed it is expressly acknowledged in later staff reports. On that score he will get fair redress in an award of 5,000 German marks in damages."

    Keywords:

    compensation; delay; moral injury; organisation's duties; performance report; work appraisal;



  • Judgment 1386


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 28

    Extract:

    The Tribunal "accepts that the premature dismissal caused him moral injury in relation not only to his family and private life but also to his career prospects. Those prospects suffered from the EPO's having gravely compromised his chances of finding other employment by putting in the documents concerning his dismissal, and in breach of his rights of defence, criticism which could not under the circumstances be reviewed. The complainant shall accordingly receive, over and above the redress which the present judgment in itself affords him, damages".

    Keywords:

    career; compensation; judgment of the tribunal; moral injury; professional injury; right to reply; termination of employment;

    Consideration 26

    Extract:

    "The relief the complainant seeks includes reinstatement in his post or, failing that, damages for material and moral injury [...]. The Tribunal holds that reinstatement, which could only mean reinstatement for a further probationary period, would raise insurmountable practical difficulties because of the time that has elapsed since the date of dismissal [...]. [The complainant is] entitled to full compensation for the material and moral injury he sustained."

    Keywords:

    compensation; date; material damages; material injury; moral injury; probationary period; refusal; reinstatement; subsidiary; termination of employment;



  • Judgment 1384


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant was charged with removing computer equipment from the work place but no evidence of theft was ever produced. "The decision not to renew his contract, based as it was on a finding of theft, must have seriously harmed his moral and social standing and his prospects of finding other employment."

    Keywords:

    contract; fixed-term; misconduct; moral injury; non-renewal of contract; professional injury;

    Consideration 18

    Extract:

    The organization accused the complainant of removing computer equipment from the work place. It decided not to renew his fixed-term appointment on the grounds of theft. "The damage to the complainant's career and reputation is so grave that nothing short of reinstatement and the grant of a further contract of employment will suffice."

    Keywords:

    compensation; contract; fixed-term; moral injury; non-renewal of contract; professional injury; reinstatement;

    Considerations 17-18

    Extract:

    The organization accused the complainant of stealing computer equipment but failed to provide any formal evidence of theft. On the grounds of theft it decided not to renew his fixed-term appointment. The Tribunal sets that decision aside in part for the organization's breach of his right to a hearing and holds that "the flagrant disregard of his right of defence caused him further moral injury" for which he is entitled to an award of damages.

    Keywords:

    breach; moral injury; right to reply;



  • Judgment 1383


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 14-15

    Extract:

    The selection process for a vacancy that had been put up for competition was fatally flawed because the successful candidate did not meet the minimum requirements in the vacancy notice. The complainant "admits that she drafted the description to fit her own qualifications and experience [and that she was] endeavouring from the outset to pervert the process to secure her own appointment. [...] In the circumstances she is not entitled to any damages at all. [...] Accordingly, the Tribunal will [not] award the complainant damages for material or moral injury."

    Keywords:

    candidate; compensation; competition; good faith; material damages; moral injury; vacancy notice;



  • Judgment 1380


    78th Session, 1995
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant is seeking material and moral damages. The Tribunal observes that she made no such claim during the internal appeals proceedings and holds that her claim "is irreceivable under Article VII(1) of the Tribunal's Statute because she has not exhausted the internal means of appeal."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    claim; iloat statute; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; receivability of the complaint;

    Consideration 11

    Extract:

    The complainant "did not suffer any injury which hampered her career and is therefore not entitled to any award of damages. The mere fact that a decision was initially flawed does not suffice to warrant awarding her damages for moral injury. The flaw was [later] corrected [...] to be entitled to moral damages she must show that she has suffered more severe injury than that which an improper decision ordinarily causes."

    Keywords:

    burden of proof; criteria; damages; decision; evidence; flaw; formal flaw; lack of evidence; lack of injury; moral injury; professional injury;



  • 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;

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