Moral injury (50,-666)
You searched for:
Keywords: Moral injury
Total judgments found: 378
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Judgment 311
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The circumstances in which the complainant was transferred are such as to warrant payment of damages for the moral prejudice he suffered. Damages will be fairly set at 10,000 Swiss francs."
Keywords:
amount; moral injury; transfer;
Judgment 243
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It appears [...] from the dossier that although his supervisors expressed a justifiably low opinion of his work, their assessments were expressed in perfectly proper language in no way calculated to cause him any emotional upset."
Keywords:
discretion; moral injury; performance report; unsatisfactory service; work appraisal;
Judgment 234
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]here can be no claim in respect of currency devaluation as such." But there can be a claim for compensation for the delay in payment. "In the circumstances of [the] case this compensation should be assessed as the diminution in the amount of rupees eventually received by the complainant, the diminution being due to the change in the rupee/dollar rate during the period of delay."
Keywords:
administrative delay; amendment to the rules; competence of tribunal; consequence; currency of payment; delay in payment; exchange rate; execution of judgment; injury; judgment of the tribunal; material damages; moral injury; receivability of the complaint;
Considerations
Extract:
Judgment No. 195 ordered the payment of US $20,000 in respect of moral and material damage. The period comprising the delay in payment began one month after the notification of the judgment and ended on the date of payment. "The amount of compensation should be ascertained by taking the difference between the rates as quoted on the international exchanges on these two dates."
Reference(s)
ILOAT Judgment(s): 195
Keywords:
administrative delay; amendment to the rules; amount; exchange rate; injury; material damages; moral injury; payment; period;
Judgment 223
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The non-renewal decision having to be quashed for misuse of authority, account must be taken of material and moral damage and of the fact that the complainant could not have been retained in service beyond the age of 65. "It would therefore be a fair assessment of the circumstances as a whole to award [...] compensation in an amount of 35,000 Swiss francs, less the sum already granted to him by [the organisation]."
Keywords:
abuse of power; age limit; amount; contract; criteria; fixed-term; material damages; misuse of authority; moral injury; non-renewal of contract; retirement;
Judgment 210
30th Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The ignominy of summary dismissal and its effect upon the complainant's prospects are heavy additions to the consequences that inevitably flow from the termination of employment".
Keywords:
moral injury; professional injury; summary dismissal;
Judgment 195
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's appointment was not renewed because the government concerned did not favour his return to the regional office. There is evidence of strong and unjustifiable prejudice against the complainant. The organization failed in its duty to bring to the attention of the government concerned all relevant matters of the case. The complainant is awarded an indemnity of US $20,000 for moral and material damage.
Keywords:
bias; contract; damages; fixed-term; material injury; moral injury; non-renewal of contract; persona non grata;
Consideration 5
Extract:
In the instant case "the moral damage consists of the injury done to [the complainant's] reputation and which flows from the unjustifiable prejudice" of a senior official.
Keywords:
bias; moral injury;
Judgment 176
26th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The liability of the organization to pay compensation is established by Judgment No. 136 [under two heads:] [...] compensation to the complainant for the non-renewal of his contract [...] and compensation for moral damage for illegal suspension from duty."
Reference(s)
ILOAT Judgment(s): 136
Keywords:
contract; execution of judgment; fixed-term; injury; judgment of the tribunal; material damages; moral injury; non-renewal of contract; suspension;
Consideration 5
Extract:
"The essence of the moral damage claimed lies in the fact of the abrupt and summary suspension which is not denied. It would not be right to relate the assessment under this head exclusively to the basic salary. Distress and moral prejudice may be as great to a man on a small salary as to a man on a large one. But the rate of salary affords a guideline and the six months' salary offered by the organization under this head is in the opinion of the Tribunal approximately correct."
Keywords:
amount; contract; criteria; fixed-term; injury; moral injury; suspension;
Judgment 172
26th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, who was dismissed without inquiry on the basis of unsupported allegations, is entitled to "a sum in respect of the disturbance of his living conditions and family life which the [Director-General] unlawfully caused him and in respect of the moral injury which he suffered on account of the unjust charges brought against him. Considering that he obtained equivalent employment fairly soon, the injury will be fairly assessed by awarding compensation amounting to 15,000 French francs."
Keywords:
amount; contract; fixed-term; injury; inquiry; investigation; lack of evidence; material damages; moral injury; termination of employment;
Judgment 136
22nd Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The suspension of the complainant was followed by an improper decision not to renew his contract. Having received his full salary, the complainant "has suffered no material damage, but he has suffered moral damage. He is entitled to equitable compensation for the distress caused by the manner of his treatment and for the injury done thereby to his reputation and to his prospects of obtaining other employment. The organization must therefore pay to the complainant equitable compensation in respect of the illegality of his suspension from duty".
Keywords:
contract; fixed-term; flaw; injury; moral injury; non-renewal of contract; professional injury; suspension;
Judgment 135
22nd Session, 1969
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The refusal to grant a permanent post to the complainant was quashed because of legal error. The organisation again rejected the complainant's application. The complainant's claim for damages "is well founded only insofar as it rests on the prejudice arising out of the illegal decision [...] which lapsed on [...] which date the decision legally rejecting his application for a permanent post was issued." The Tribunal awards the complainant a sum in compensation, in particular, for the "prejudice caused to complainant by the state of uncertainty in which he found himself as a result of the rescinded decision."
Keywords:
amount; confirmatory decision; decision; flaw; injury; mistake of law; moral injury; refusal; titularization;
Judgment 127
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's appointment was terminated and his post abolished. "[T]he organization has an obligation to the complainant because of the fact which was not taken into account, namely the intervention with the [national] authorities by the senior technical adviser, without good reason, in the exercise of his official duties. As a result, the complainant has suffered both material and moral injury [...] taking account of [...] in particular [...] the fact that the organization was in ignorance through no fault of its own, the organization should pay the complainant compensation".
Keywords:
abolition of post; consultation; contract; disregard of essential fact; fixed-term; injury; liability; material injury; member state; moral injury; organisation; termination of employment;
Judgment 121
20th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The organization has [...] committed a breach of contract by suspending the complainant otherwise than in accordance with the Staff Regulations. Since his emoluments have been fully paid, he has suffered no material damage, but he has suffered moral damage. He is entitled to compensation for the distress caused by the abrupt way in which he was treated, tantamount in its form to summary dismissal, and for the injury done to his reputation and to his prospects of obtaining other employment."
Keywords:
breach; flaw; injury; moral injury; professional injury; provision; respect for dignity; staff regulations and rules; summary dismissal; suspension;
Judgment 87
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant, a trade union official, made criticisms which were included in a tract. "The conduct which was deemed to justify [his] summary dismissal did not constitute misconduct serious enough to jeopardise or to be likely to jeopardise the reputation of the organization or its staff." Summary dismissal was not justified.
Keywords:
contract; duty of discretion; material damages; misconduct; moral injury; permanent appointment; proportionality; serious misconduct; staff representative; staff union activity; summary dismissal; termination of employment;
Judgment 60
10th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration II 2(A)
Extract:
The complainant has not suffered any financial prejudice. "On the other hand, the mere fact of belonging to a given grade does not carry any prestige value, unlike the use of a title, such as 'secretary' for instance [...]. Thus there is no moral prejudice."
Keywords:
cause of action; injury; lack of injury; moral injury; post classification; title of post;
Judgment 33
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The offer to pay the complainant compensation for the moral and material prejudice he suffered equivalent to six months' salary together with allowances has been maintained before the Tribunal; "the fact that the Director-General admitted the principle of granting compensation to the complainant in respect of the prejudice caused to him was such as to lead the complainant to file his complaint; [...] taking into account the particular circumstances of the case it appears justified that, as an exceptional measure, the complainant be granted compensation by way of participation in his costs."
Keywords:
acceptance; compensation; costs; exception; injury; material injury; moral injury; offer; organisation; settlement out of court; tribunal;
Judgment 27
6th Session, 1957
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The only fault which can be attributed to the organisation is that it did not establish [...] clearly and precisely [the responsibility of the complainant in certain incidents] but left open to grave doubt the reasons which motivated the failure to re-engage the complainant [...]. The complainant should therefore be awarded an indemnity in compensation for the moral prejudice resulting from the equivocal explanation given of the failure to re-engage her, for which prejudice the award of a sum of US $1,000 will give her full relief."
Keywords:
amount; contract; fixed-term; grounds; injury; material damages; moral injury; non-renewal of contract; professional injury;
Judgment 6
1st Session, 1947
International Institute of Intellectual Co-operation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[I]nsofar as the request for revaluation of the franc is concerned, general principles do not allow the acceptance of this request as formulated, but it is uncontested that the delay in paying the sums to which the Complainant was certainly entitled has caused her definite and considerable prejudice[.] [I]n addition to the moral prejudice resulting from the anxiety and suffering to which she was exposed, [the complainant] had to provide for her needs [...] in more and more burdensome economic conditions; and she had, moreover, to provide for the defence of her rights with the reduced means at her disposal".
Keywords:
administrative delay; exchange rate; material injury; moral injury; payment; salary;
Judgment 5
1st Session, 1947
International Institute of Intellectual Co-operation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The fact of being [wrongfully] dismissed for misconduct has had a highly prejudicial effect on the moral and social standing of the Complainant and has necessarily crippled his chances of finding other means of livelihood in an employment corresponding to his capabilities and his experience[.] [O]n this ground, the [organisation] must compensate the Complainant for an injury which is both material and moral in character".
Keywords:
material injury; moral injury; serious misconduct; termination of employment;
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