Moral injury (50,-666)
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Keywords: Moral injury
Total judgments found: 378
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Judgment 628
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The decision not to renew the complainant's contract suffers from no procedural defects. The organisation concedes that the complainant's case was mishandled. The chairwoman of the staff union made a strong protest against the treatment of the complainant. The organisation acknowledged that the complainant had been put to unnecessary hardship and it offered him an indemnity equal to six months salary. The complainant claims 20,000 dollars as material compensation for moral damages and grave defamation of character. "This is quite disproportionate to the damage suffered by him. [...] The ILO's offer is fair, and a sum equivalent to six months' salary and family allowance [...] is reasonable compensation."
Keywords:
amount; contract; fixed-term; material damages; moral injury; non-renewal of contract;
Judgment 621
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal holds that a contract was concluded. Only the letter of appointment, a formality not requiring further agreement, was lacking. Owing to withdrawal of support from a third party, no action was taken, the project having been suspended. On the evidence, the Tribunal awards the complainant "damages for the direct injury caused by the administration's behaviour."
Keywords:
contract; injury; moral injury; offer; offer withdrawn;
Judgment 565
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
It is not enough for a complainant "to allege emotional distress to obtain financial compensation. What the Tribunal will require is that in the circumstances the effect on his feelings should have been appreciably greater than that of the ordinary fortunes of everyday life."
Keywords:
condition; moral injury;
Consideration 8
Extract:
The complainant has been working in the organisation for 20 years. His advancements in grade have been due either to a reorganisation or to review of his duties. He has sought, in vain, a more senior post. Younger officials have reached higher grades. He has never been awarded a special salary increment. "Accordingly, life being what it is, even though he has misconstrued the reasons for the irregularities in his [performance report], he was particularly affected by them. For the moral injury he has suffered he is entitled to compensation".
Keywords:
administrative delay; flaw; injury; moral injury; performance report;
Judgment 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant is seeking damages "for distress, moral injury and harm to her reputation, which she says were caused by the administration's actions during the proceedings before the [Appeals] Board and the Tribunal. There is no allusion to such a claim in the Board's report or in any of the other items of evidence [...] The Tribunal therefore cannot tell with certainty whether the internal means of redress have been exhausted. But [...] even if receivable, the claim is devoid of merit."
Keywords:
moral injury; new claim; professional injury; receivability of the complaint;
Consideration 9
Extract:
"Friction, in greater or lesser degree, is the inevitable adjunct of everyday life and to award restitution for every sort of emotional distress would be to invite ceaseless litigation. Only exceptional circumstances warrant compensation for such distress, and there are none in this case."
Keywords:
exception; moral injury;
Judgment 509
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"[The complainant] also seeks protection against defamation. There is, however, nothing in the written evidence to suggest that aspersions have been cast on her honour at any point in the proceedings."
Keywords:
lack of evidence; moral injury; respect for dignity;
Judgment 494
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"There is no indication in the dossier that if the proper procedure had been observed before termination the complainant would have made use of it to change her attitude; and she has in fact declined reinstatement. She has not therefore shown any financial loss that she would not have incurred anyway. "It may well be that, as she alleges, 'because of the abrupt manner in which she was terminated, there has been speculation that she was engaged in some wrong doing.' She is entitled to a sum sufficient to mark the fact that her dismissal was illegal."
Keywords:
flaw; lack of injury; material injury; moral injury; offer; procedural flaw; refusal; reinstatement; termination of employment; transfer;
Summary
Extract:
The complainant refused to comply with a change of duty station. She was dismissed in an abrupt and precipitate manner. The transfer in question was warranted on independent grounds; no proof of prejudice has been given; the complainant was able to study the post description which had been offered to her. No claim for compensation based on the invalidity of the transfer. But compensation for moral prejudice plus costs.
Keywords:
moral injury; refusal; termination of employment; transfer;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Even where it has no reason to set a decision aside, the Tribunal may award moral damages to a complainant who, on account of injury to his dignity and reputation, has suffered serious prejudice such as to hamper his career."
Keywords:
condition; moral injury; professional injury; respect for dignity;
Judgment 470
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"That a staff member should have been the subject of a flawed decision does not alone entitle him to compensation for moral prejudice. For that he must have suffered more severe prejudice than that normally caused by an improper decision." In this case the impugned decision "is unlikely to have had abnormal effects. In any event, insofar as it was based on lack of funds it was in no way humiliating. Moreover, the moral prejudice [...] has been mitigated by his appointment with the government".
Keywords:
condition; decision; flaw; moral injury;
Judgment 450
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The decision to transfer the complainant falls within the scope of the Director's discretionary authority and, in view of her shortcomings and strained relations with her supervisors, that decision does not appear to be flawed. Nor has any causal link been established between her trade union activities and the decision to transfer her. The circumstances which gave rise to the moral injury for which she claims compensation were ones that the complainant was at least in part responsible for. The organization may not therefore be held liable. The complaint is dismissed.
Keywords:
cause; complainant; moral injury; staff union activity; transfer;
Consideration 13
Extract:
"Even if the challenged decision suffers from no flaw which warrants quashing it, a staff member will be awarded compensation for any especially grave moral prejudice caused by the organisation's action".
Keywords:
condition; moral injury;
Judgment 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The impugned decision did not take account of the complainant's particular interests and was tainted with bias. The impugned decision is unlawful and the complainant is therefore entitled to compensation for moral prejudice provided that there was serious injury to her feelings. She was certainly affected by the suddenness of the decision, which she regarded as unfair punishment. moreover, her reputation very probably did suffer. Accordingly, the compensation for moral prejudice is determined ex aequo et bono.
Keywords:
bias; equity; moral injury; professional injury; staff member's interest; transfer;
Consideration 11
Extract:
"Where the impugned decision is not unlawful such compensation is due only in exceptional circumstances, viz. where the wrong is especially grave. On the other hand, where the decision is unlawful, the wrong need not be especially grave for an award of compensation for moral prejudice: it is enough for the Tribunal to find a serious wrong."
Keywords:
condition; decision; flaw; moral injury;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
In dismissing all the complainant's claims for relief, the Tribunal rejected by implication her claims for compensation for moral prejudice. It did not pass express comment on those claims nor state its reasons for dismissing them. This failure affords a valid ground for review.
Reference(s)
ILOAT Judgment(s): 404
Keywords:
admissible grounds for review; allowance; application for review; claim; grounds; moral injury; omission to rule on a claim; refusal;
Judgment 437
45th Session, 1980
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"For [a claim for damages for moral prejudice] to succeed the organisation's attitude ought to have caused him emotional disturbance beyond that caused by the ordinary setbacks of life." This was not the case; the fault of which he was accused - not keeping proper working hours - did not cast any discredit on him. "Besides, to award damages for moral prejudice would be to allow that the charge was false, and that, on the evidence before it, the tribunal cannot do."
Keywords:
condition; moral injury; unsatisfactory service; work appraisal;
Judgment 436
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Under Article VIII of its Statute the Tribunal is entitled to award the complainant compensation for the injury caused to him. "For this purpose the Tribunal may under Article 11 of its Rules order such measures of investigation as it considers desirable. But it will not order an investigation merely for the sake of ascertaining the facts; the investigation must be in aid of some relief, such as reinstatement or compensation, which it is within the jurisdiction of the Tribunal to grant."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE;
ARTICLE 11 OF THE RULES
Keywords:
competence of tribunal; condition; further submissions; iloat statute; injury; inquiry; investigation; material damages; moral injury; submissions;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(D)
Extract:
"It is not a simple case of non-renewal. The complainant was the victim of a misconceived charge of misconduct of which the Director pronounced him to be guilty. The letter dropping the charge contained no withdrawal or apology and was composed as if the dropping was an act of lenience [...]. The illegal use of [the provision respecting special leave] made it appear as if the complainant had been summarily dismissed. [...] By these acts the complainant must have been caused deep distress. On the natural assumption that this course of action was pursued by a Director exercising wisdom and impartiality the interested public would inevitably conclude that the complainant had in some way disgraced himself".
Keywords:
contract; fixed-term; lack of evidence; moral injury; non-renewal of contract; professional injury; respect for dignity; serious misconduct;
Judgment 396
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Under any contract of appointment the organization, even in the absence of express provision, is bound to respect an official's dignity and reputation - in other words to beware of putting him needlessly in a difficult personal position. If the organization fails in that duty it may be ordered to pay compensation, even if there is no decision to be set aside [...] however, only for serious wrong likely to prove damaging to a staff member's career."
Keywords:
material damages; moral injury; no provision; organisation's duties; professional injury; respect for dignity;
Judgment 393
43rd Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It appears from the documents in the dossier that by being improperly rejected in the selection proceedings [for a competition] the complainant suffered, on that account and because of the hostility of [a superior], moral prejudice serious and specific enough to entitle her to damages."
Keywords:
bias; competition; flaw; injury; moral injury; supervisor;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The Tribunal "will [...] take account [...] of the material and moral prejudice which the complainant suffered because of the extraordinary dilatoriness of the internal appeal proceedings: the [organization] took an inordinately long time to file its memoranda and reach its final decision and was therefore partly to blame for the delay."
Keywords:
administrative delay; internal appeal; material injury; moral injury; negligence; organisation;
Consideration 9
Extract:
It is impossible, several years having elapsed, to determine the precise consequences of the organization's negligence. In view of the existing reservations, it is justified to award the complainant compensation ex aequo et bono. Because of the apparent reluctance of the complainant to seek employment outside the organization and the uncertainty of the effects of the organization's negligence, the Tribunal is inclined to award rather modest damages. But account must also be taken of the material and moral prejudice caused by the inordinately long internal appeal proceedings.
Keywords:
administrative delay; amount; injury; internal appeal; material injury; moral injury; negligence; organisation; procedure before the tribunal;
Judgment 373
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was transferred improperly. "Positions which are graded at the same level may nevertheless differ considerably in status and prestige. The Tribunal agrees [...] that the complainant has lost the professional standing that the post of regional adviser gives. Moreover, the transfer was handled in such a way as to give the impression that she was being edged out of her position for reasons unstated; this must have caused her personal distress."
Keywords:
decision quashed; flaw; moral injury; professional injury; transfer;
Judgment 367
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
After 20 years of "laudable service", the complainant, a "valuable member of [the organization's] staff" was transferred. The organization, in its treatment of the complainant, failed in its obligation to show due regard for his dignity and reputation; the Director-General's apology did not remedy the situation.
Keywords:
moral injury; organisation's duties; respect for dignity; satisfactory service; transfer;
Consideration 16
Extract:
Some elements of the moral prejudice - the new assignment offered the complainant less congenial and responsible work - "would not attract compensation if the decision to assign him had been valid". Other aspects, "for example, the humiliating way in which the transfer was effected [...] would attract compensation whether or not the decision was valid."
Keywords:
assignment; moral injury; transfer;
Consideration 16
Extract:
"Often distress and disappointment cannot be avoided but, where [they], can be, [they] should be. As in all organisations, the staff member must take the rough with the smooth and there are bound in management to be pieces of clumsiness or tactlessness which can be sufficiently smoothed over by apology or explanation."
Keywords:
moral injury; organisation's duties; working relations;
Judgment 361
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The Tribunal is not likely to concern itself with cases other than those of grave injury which has been left unredressed. But where such injury has occurred it is not the decision to take the action that is relevant - in substance it may be correct or incorrect - but the decision as to the form in which it should be taken and as to how it shall be executed."
Keywords:
injury; moral injury; professional injury;
Consideration 42
Extract:
"The Tribunal concludes that the injury done to the complainant's feelings and reputation is so grave as to amount to a breach of obligation which calls for compensation. There must also be considered under this head the failure of the organisation to do all that is practicable to see that a staff member is given work and responsibility appropriate to his grade." [The complainant was summarily relieved of his duties as acting director of his division and left idle.]
Keywords:
moral injury; organisation's duties; professional injury; refusal to assign work;
Considerations 43-44
Extract:
The Director-General's decisions are valid, but not the manner in which they were implemented. The administration could have made it clear that the complainant was a victim of the reorganisation and was not to blame. Its silence made the situation even more distressing. "Accordingly, the claim for compensation for moral damage is allowed. Since money is to be the only form of redress, the amount must be sufficient to mark the gravity of the injury."
Keywords:
decision; grounds; injury; moral injury; professional injury; reorganisation; transfer;
Consideration 9
Extract:
Vide Judgment 367, consideration 16.
Reference(s)
ILOAT Judgment(s): 367
Keywords:
moral injury; organisation's duties; working relations;
Consideration 40
Extract:
To find moral prejudice in the manner of execution of the impugned decisions, none of which has been invalidated, "is to take a very exceptional course and one which can be taken [...] only in circumstances in which grave injury of a kind likely to impair a staff member's career has been left unredressed."
Keywords:
damages; exception; injury; moral injury; professional injury;
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