Moral injury (50,-666)
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Keywords: Moral injury
Total judgments found: 378
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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;
Judgment 888
64th Session, 1988
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. He claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. The complainant's dismissal was confirmed by the Chief of personnel. That decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. It was made without the complainant's having fully exercised his right to be heard." Because it is tainted with a procedural flaw, the decision is quashed and the Tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.
Keywords:
amount; flaw; material damages; medical certificate; misrepresentation; moral injury; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination of employment;
Judgment 873
63rd Session, 1987
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Staff Regulations do not say what notice shall be given or how much shall be paid in compensation to the redundant staff member. [...] When his post is abolished someone with a fixed-term appointment is ordinarily entitled to notice and to fair and reasonable compensation. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation and seniority and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
abolition of post; amount; compensation; elements; moral injury; no provision; notice; organisation's duties; terminal entitlements;
Judgment 843
63rd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal holds that the transfer, later reversed, to a post three grades lower was unlawful. Although the complainant's attitude may not have been beyond reproach, he suffered moral injury and loss of reputation. Under the circumstances, the amount of compensation provided by the impugned decision is too small and the Tribunal increases it from the equivalent of two to six months' take-home salary.
Keywords:
conduct; downgrading; material damages; moral injury; professional injury; transfer;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"[The] posts and the grade they carried were such that the decision was tantamount to a sanction. An organisation is bound to show due regard to the dignity and good name of its staff".
Keywords:
assignment; downgrading; grade; hidden disciplinary measure; moral injury; organisation's duties; post; professional injury; respect for dignity; transfer;
Judgment 781
60th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Director-General informed the complainant on 25 May 1982 that his appointment as Assistant Director-General would end on 31 May 1983, when he would be transferred. He was on leave from 1 July 1982 to 31 May 1983. On 1 June 1983 he reported for duty at his former office. Shortly thereafter the Inspector-General came to tell him that the Director-General had ordered him to make an inventory of the papers that were in the office. UNESCO submits that the complainant's return to his former office was a "wilful act of defiance and insubordination". The complainant maintains that the organization was in breach of its duty to treat him with respect. The Tribunal finds that the main purpose of the Inspector-General's action was to impose on the complainant a moral sanction unwarranted by anything in the rules or by any factual consideration. Such an attack on his good name within the organization caused moral injury which, because of his senior rank, is the more serious.
Keywords:
moral injury; respect for dignity;
Judgment 761
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The refusal by the EPO to return the complainant's documents for the purpose of permitting him to take steps to perfect his claim for reimbursement is unfair and the complainant is entitled to relief on the ground that he was improperly prevented from having an opportunity of submitting the appropriate documents in support of his claim."
Keywords:
disclosure of evidence; flaw; material damages; moral injury; organisation; refund; refusal; removal expenses; request by a party;
Judgment 732
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complaint "would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury. The conditions are not fulfilled. First, the injury to the complainant's credit is not proven. [...] Secondly, there is no sufficient causal link between the organization's act and the alleged injury."
Keywords:
cause; injury; lack of evidence; material injury; moral injury; organisation;
Judgment 724
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The procedure relating to Mr. V.'s first report lasted from 10 September 1980 until 7 June 1983, when the President went back on his decision to approve it. that was far too long. [...] For these reasons, and also in view of his age and record, the Tribunal will award him moral damages".
Keywords:
administrative delay; injury; moral injury; performance report;
Consideration 6
Extract:
"An official of an international organisation may find that his supervisors do not give him full credit for the talents he sees in himself and that he does not get the promotion he thinks he deserves. That will not as a rule entitle him to damages for moral injury."
Keywords:
moral injury; qualifications; work appraisal; working relations;
Judgment 675
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Having served the organization since 1969, the complainant was seconded for two years to the UNDP in 1980. In 1982 the organization decided not to extend the appointment or the secondment. The Tribunal holds that the organization committed an error of law by assuming that a fixed-term appointment expires automatically on the specified expiration date, and an abuse of power for having terminated the complainant without stating its reasons. The award of damages reflects the especially grave moral injury sustained by the complainant.
Keywords:
abuse of power; contract; discretion; duty to substantiate decision; fixed-term; flaw; legitimate expectation; misuse of authority; moral injury; non-renewal of contract; secondment;
Judgment 665
56th Session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The reason given for non-renewal of the complainant's contract was unsatisfactory performance. The evaluation report for 1981 was signed long after the time limit laid down in the Staff Rules. Only a few weeks elapsed between the completion of the 1981 report and the processing of the 1982 report. As a result, the impugned decision took no account of the fact that between the complainant's two last performance reports he was not given time to add his objections or to show he could come up to expectation. The decision overlooked an essential fact and drew clearly mistaken conclusions from the evidence. The complainant is entitled to damages.
Keywords:
administrative delay; contract; disregard of essential fact; fixed-term; flaw; material damages; mistaken conclusion; moral injury; non-renewal of contract; performance report; right to reply; time limit; unsatisfactory service;
Judgment 640
54th Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1 and 4
Extract:
"The complainant was dismissed on the grounds of attempted theft of four wooden chairs from the organization. [...] In sum, the arguments in favour and against cancel each other out. The charge of attempted theft cannot therefore be taken as proven and the impugned decision is unlawful. The Tribunal will not order the reinstatement of the complainant, who has left the FAO. Instead it will award him compensation".
Keywords:
lack of evidence; material damages; moral injury; serious misconduct; termination of employment;
Judgment 631
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 35
Extract:
The Tribunal finds downgrading of function and prejudice. "The complainant has sustained moral damage in that he has been denied the satisfaction of continuing to work in a job of high interest and responsibility which he had himself helped to create and been relegated to a position of lower responsibility and declining importance. This should be marked by a moderate award of money."
Keywords:
downgrading; moral injury;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant was inconsiderately left idle. The organisation ought to have done its utmost to set the situation right. "The Tribunal holds that the ilo caused serious injury to the complainant's feelings and reputation and was in breach of its obligations. It shall pay her compensation for moral injury. Inasmuch as it finds the ILO at fault the present judgment itself affords a remedy, but she is also entitled to damages for the serious prejudice she has suffered [...]."
Keywords:
allowance; breach; compensation; misconduct; moral injury; organisation; organisation's duties; professional injury; refusal to assign work;
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