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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 351

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  • Judgment 4405


    132nd Session, 2021
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.

    Consideration 11

    Extract:

    Plainly, the unlawfulness of the abolition of the complainant’s position and the subsequent termination of her appointment caused her moral injury. That injury was, in this case, compounded by the complainant’s distressing situation following her separation from service, which took place while she was receiving extensive medical treatment of which the ICC had been informed. It was also compounded by the fact that the Court, which has itself acknowledged that it failed in its duty of care in this respect, did not make every effort to “explore with the complainant other employment options before prior to [her] separation”.

    Keywords:

    duty of care; moral injury;



  • Judgment 4401


    132nd Session, 2021
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her application for the reimbursement of medical expenses.

    Consideration 10

    Extract:

    The complainant [...] submits that the slow handling of her internal complaint caused her medical and psychological harm.
    Under Article 35(2) of Rule of Application No. 10, “[b]efore taking a decision regarding a complaint submitted under Article 92.2 of the Staff Regulations [...], the Director General shall request the opinion of the Management Committee. The Management Committee may instruct its Chairman to make further investigations. Where the point at issue is of a medical nature, the Management Committee may seek expert medical advice before giving its opinion. The cost of the expert opinion shall be borne by the Agency’s Sickness Insurance Scheme. The Management Committee must give its opinion within two months of the request being received. The opinion shall be transmitted simultaneously to the Director General and to the person concerned.”
    Under Article 92(2) of the Staff Regulations governing officials of the Eurocontrol Agency, the Director General is to notify the person concerned of her or his reasoned decision within four months from the date on which the internal complaint was lodged.
    In this case, on 19 January 2017 the complainant lodged an internal complaint with the Director General against the decision of 15 December 2016 informing her of the refusal to cover the costs of the acupuncture sessions because the treatment had not been carried out by a doctor. The impugned decision was taken on 7 November 2017, more than ten months later.
    The Tribunal notes that the Organisation had four months from the date when the internal complaint was filed to take a decision on it. It breached its own rules by exceeding this period by six months. However, in her submissions, the complainant does not establish that any particular injury arose from that breach. In the circumstances, it is unnecessary to award her compensation under this head (see, for example, Judgment 4396, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 4396

    Keywords:

    injury; moral injury; time limit;

    Consideration 9

    Extract:

    The complainant alleges that moral injury was caused by the Organisation’s breach of its duty of care. However, a refusal to reimburse expenses based on the rules in force, even if it results from an error in their application, cannot be regarded as a breach of the duty of care. This argument will therefore be dismissed.

    Keywords:

    duty of care; moral injury;



  • Judgment 4391


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to promote him in the 2008 promotion exercise.

    Consideration 14

    Extract:

    The complainant’s request for moral damages for breach of duty of care will [...] be rejected, as will his request for moral damages for the length of the procedures deliberately delayed by the EPO and the harm caused to his health and dignity. While it is true that this procedure, which spanned almost six years for reasons mostly attributable to the EPO, was unreasonably long, the Tribunal considers that this excessively long period did not in itself cause serious injury to the complainant (see Judgment 4222, under 18).

    Reference(s)

    ILOAT Judgment(s): 4222

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4390


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks compensation for alleged delays in the processing of his request to transfer previously acquired pension rights to the EPO’s pension scheme.

    Consideration 3

    Extract:

    [T]he Appeals Committee correctly concluded that although the Office could have dealt with the request more speedily the complainant did not substantiate the effect which the delay had upon him and the consequential damages to which he was entitled (see, for example, Judgments 4031, consideration 8, and 4231, consideration 15). Having analysed the relevant time periods and the evidence presented by the complainant, with reference to Judgment 2608, consideration 11, the Appeals Committee had correctly found that there was no undue delay that caused material damage to the complainant and that, moreover, he did not suffer financial loss in the transfer value of his pension rights. This claim for damages is therefore unfounded.

    Reference(s)

    ILOAT Judgment(s): 2608, 4031, 4231

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4341


    131st Session, 2021
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to shortlist him for the position of General Counsel.

    Consideration 8

    Extract:

    The complainant’s right of appeal has been materially compromised by the course adopted by the Board and the President. He is entitled to moral damages in the sum of 5,000 United States dollars. IFAD argues this claim for moral damages is irreceivable, as internal means of redress have not been exhausted. But it is a claim arising immediately and directly from the internal appeal process itself and is receivable in the Tribunal.

    Keywords:

    moral injury;



  • Judgment 4316


    130th Session, 2020
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the introduction of fixed “bridging days” to balance the number of public holidays at the different places of employment.

    Consideration 20

    Extract:

    [T]he claims for moral damages will be rejected as the complainants have not convincingly articulated the adverse effects of the delay.

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4310


    130th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to apply the sanction of summary dismissal to him.

    Consideration 15

    Extract:

    The unlawfulness of the procedure which led to the complainant’s summary dismissal and its excessive length caused moral injury to the complainant, who was suspended without salary and remained uncertain as to his professional situation for an unacceptably long time.

    Keywords:

    moral injury; summary dismissal; suspension;



  • Judgment 4306


    130th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the effective date which has been set for the retroactive reclassification of her post and the undue delay in the reclassification procedure.

    Consideration 19

    Extract:

    [The complainant] provides no evidence of emotional distress or of any other injury or loss suffered. The case law, for example in consideration 5 of Judgment 4156, requires a complainant to provide evidence of the injury suffered as a result of alleged unlawful acts. In the premises, the Tribunal finds that the complainant is not entitled to an award of moral damages [...].

    Reference(s)

    ILOAT Judgment(s): 4156

    Keywords:

    burden of proof; moral injury;



  • Judgment 4304


    130th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision of the Director-General to cancel the “Falls Below Expectations” overall rating in her 2014 performance appraisal report and to restore her entitlements as in the case of satisfactory performance, but not to award her damages or costs.

    Considerations 12-14

    Extract:

    It is well established in the case law that “[a] staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed. These are fundamental aspects of the duty of an international organization to act in good faith towards its staff members and to respect their dignity. That is why it was said in Judgment 2170 that an organization must ‘conduct its affairs in a way that allows its employees to rely on the fact that [its rules] will be followed’” (see Judgment 2414, consideration 23).
    The complainant submits, in effect, that the “No rating” assessment for her 2014 PMDS report was unlawful. The “No rating” assigned to her corrected PMDS report does not satisfy the Organization’s duty to provide a properly rated PMDS report. Considering the complainant’s separation from service for health reasons and the passage of time, the Tribunal will not send the case back for a new rating, but will consider this element in the award of damages.
    As Mr L.S. did not inform the complainant orally or in writing of the performance issues identified in the email of 3 February 2015, she could not take any steps to remedy the issue(s) and improve her performance appraisal. This constitutes a breach of WHO’s duty to act in good faith towards the complainant and to respect her dignity for which she is entitled to an award of moral damages.

    Reference(s)

    ILOAT Judgment(s): 2170, 2414

    Keywords:

    moral injury; performance evaluation;

    Consideration 15

    Extract:

    The consistent case law has it that “[t]he amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal” (see Judgment 4100, consideration 7, and the cases cited therein).

    Reference(s)

    ILOAT Judgment(s): 4100

    Keywords:

    delay; moral injury;



  • Judgment 4303


    130th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of compensation awarded for the unlawful abolition of her post.

    Consideration 7

    Extract:

    The complainant [...] appears to argue that the amount awarded by way of moral damages was inadequate, though she contests the notion that it is merely a question of amount and submits that it involves, additionally, recognition of “lifelong harm done”. But the relief the Tribunal can provide is confined to “compensation for injury” in accordance with the terms of Article VIII of the Tribunal’s Statute.

    Keywords:

    competence of tribunal; moral injury;

    Consideration 8

    Extract:

    The complainant challenges the actual amount awarded by the Organization. While due regard should be paid to the assessment made by the HBA and adopted by the Director-General, an award of 8,000 dollars does not appear to the Tribunal to be, in all the circumstances, adequate compensation for the unlawful abolition of the complainant’s post. The abolition of the post was not for legitimate reasons and had the effect of removing the complainant from the field of expertise she had developed over several decades. It can be inferred that the sense of hurt and resentment she experienced was considerable.

    Keywords:

    moral injury;



  • Judgment 4299


    130th Session, 2020
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss his claim for moral damages for harassment.

    Considerations 4-5

    Extract:

    [T]here is a material difference between an official alleging she or he had been harassed in the context of alleging misconduct, on the one hand, and an official alleging she or he had been harassed in the context of seeking protection from the harassment, on the other. In the latter situation, the organization’s primary obligation is to investigate whether there has been harassment and, if satisfied that there has been, take steps to prevent any further harassment. This obligation is part of a more general obligation to ensure that officials work in a safe working environment free from physical and psychological risk (see, for example, Judgment 4171, consideration 11). Those steps might include counselling the perpetrators of the harassment or relocating the staff member the subject of the harassment to another workplace or even another position.
    It is true that a staff member who has, in the latter situation just discussed, established she or he has been harassed may also be entitled to an award of moral damages by the organization for the harassment (see, for example, Judgment 4158, consideration 3). Whether there is such an entitlement may depend on the terms of the regime in place within the organization to deal with harassment grievances. It is certainly something that can be awarded in proceedings in the Tribunal (see Judgment 4241, considerations 24 and 25). However, what is important is that, even if moral damages might be awarded, that is a subsidiary remedy or relief available in cases of this type when harassment is established. As just discussed, the primary obligation of the organization if harassment is proved is to protect the complainant and prevent further harassment.

    Reference(s)

    ILOAT Judgment(s): 4158, 4171, 4241

    Keywords:

    harassment; moral injury;



  • Judgment 4286


    130th Session, 2020
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject her claim of retaliation/harassment.

    Consideration 19

    Extract:

    In light of the [...] findings, the Tribunal would in principle set aside the impugned decision and remit the matter to the organization concerned. However, in view of the effluxion of time that course of action would be impracticable. The complainant is no longer a staff member of WIPO and the result of her harassment complaint is yet to be determined. The Tribunal concludes that the complainant suffered moral injury [...].

    Keywords:

    case sent back to organisation; moral injury;



  • Judgment 4284


    130th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant asks the Tribunal to find that UNESCO has failed to execute Judgment 3936 and to order the Organization to review her case.

    Consideration 8

    Extract:

    [A]lthough the application for execution has become moot, the Tribunal considers it appropriate to award 7,000 euros in moral damages to the complainant, who had to wait more than 24 months for a new decision, which she received only after reminding the Organization and lodging an application for execution [...] with the Tribunal.

    Keywords:

    delay; execution of judgment; moral injury;



  • Judgment 4261


    129th Session, 2020
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the withdrawal of a decision to assign her additional duties on a temporary basis.

    Consideration 12

    Extract:

    It is a well-established principle in the Tribunal’s case law, as was recently stated in Judgment 4178, consideration 14, citing Judgment 3353, consideration 26, that “[a]n organisation must care for the dignity of its staff members and not cause them unnecessary personal distress and disappointment where this could be avoided”. In the present case the complainant, who held a senior position within the EPO, agreed to take on additional duties subject to certain conditions a significant number of which were directed towards relieving her of some of the burdens of doing so. The complainant received unqualified assurances that her conditions concerning support would be met. The fact that she would take on those additional duties was made known widely within the Organisation. It cannot be doubted, in the Tribunal’s opinion, that the abandoning of this arrangement because the unqualified assurances could, in fact, not be met would have caused the complainant considerable distress and disappointment, particularly having regard to the fact that the arrangement had been widely publicised within the Organisation. The complainant is entitled to moral damages[.]

    Reference(s)

    ILOAT Judgment(s): 3353, 4178

    Keywords:

    distress; moral injury; respect for dignity;



  • Judgment 4241


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint challenges the decision to dismiss her complaint of harassment as unsubstantiated.

    Consideration 4

    Extract:

    [The complainant's] claim for moral damages on the ground that there was excessive delay in the investigation process is well founded. The Tribunal has consistently stated that harassment cases should be treated as quickly and efficiently as possible, in order to protect staff members from unnecessary suffering, but attention must also be paid to thoroughness and procedure (Judgment 3447, consideration 7), and that the moral injury caused to the complainant by excessive delay will be fairly redressed by awarding her or him compensation (see, for example, Judgment 4111, consideration 9). The complainant submitted her harassment complaint on 19 January 2016. The IOS called the first witness on 24 October, some nine months later. On 13 July 2017 it submitted its report to the Executive Director, who informed the complainant by correspondence of 13 September 2017 that the matter was closed. The duration of the process was excessive both in light of the Tribunal’s case law and paragraph 2.1 of the Policy on the Prevention of Harassment at WHO[.]

    Reference(s)

    ILOAT Judgment(s): 3447, 4111

    Keywords:

    harassment; moral injury;

    Consideration 23

    Extract:

    [A]lthough the Tribunal concludes that there is nothing in the evidence to suggest that the DXD/MER intentionally set out to unsettle the complainant, the fact remains that taking all the circumstances of the case into account, the actions taken by or on the orders of the DXD/MER were liable to offend and humiliate the complainant. Moreover, in the Tribunal’s view, a reasonable person would have found the actions offensive and humiliating. The DXD/MER ought reasonably to have known that those actions would have offended and humiliated the complainant, and that they interfered with the complainant’s ability to carry out her work and created a hostile work environment for her, thus constituting harassment in the terms set out in the Policy. This entitles the complainant to moral damages[.]

    Keywords:

    harassment; moral injury;



  • Judgment 4240


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reassign her to the post of Senior Advisor on Innovative Strategic Information, Strategic Information and Evaluation Department.

    Consideration 17

    Extract:

    The complainant seeks moral damages for the improper reassignment on the ground, which the Tribunal accepts, that it caused her stress, distress, physical exhaustion, humiliation and adversely affected her career.

    Keywords:

    moral injury;



  • Judgment 4239


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her appointment for health reasons and claims that the compensation she received for her service-incurred injury is grossly inadequate.

    Consideration 26

    Extract:

    [T]here is a possibility that the breach of WHO’s duty of care concerning the complainant when she returned to Geneva has led or contributed to the professional and personal circumstances in which the complainant now finds herself. An inference can readily be drawn that the complainant knows that, had she received appropriate treatment immediately on her return to Geneva, her grave present predicament, arising so early in her adult life, might not have come about and also she believes WHO should have done more to support and help her. It cannot be doubted that these matters have caused and will continue to cause the complainant considerable distress. In the special circumstances of this case, the complainant is entitled to a significant award of moral damages that the Tribunal assesses in the sum of 180,000 United States dollars.

    Keywords:

    distress; duty of care; moral injury;

    Consideration 25

    Extract:

    One of its staff had been injured, as it turns out seriously, in a car accident while on a mission overseas when performing work for the Organization. WHO had an ongoing responsibility to do all it could to mitigate the effects of the accident as part of a more general obligation to protect the health and ensure the safety of its staff (see Judgment 3994, consideration 8). It is true that Dr H. asked the complainant to see her on her return and she did not. But that provides no real justification for WHO effectively doing nothing by way of further mitigating the effects of the accident. The complainant is entitled to moral damages for this breach of the duty of care.

    Reference(s)

    ILOAT Judgment(s): 3994

    Keywords:

    duty of care; injury; mitigation of loss; moral injury; service-incurred;

    Consideration 33

    Extract:

    The time taken for the internal appeal was clearly lengthy. But having regard to the potentially complex factual and legal issues raised, the gravity of the subject matter and the fairly detailed consideration of the appeals undertaken by the HBA as revealed by its report, the time taken was not so long as to warrant the award of additional moral damages.

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4237


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision – taken after his resignation – to find him guilty of serious misconduct, and the decision to withhold from his separation entitlements an amount corresponding to financial losses allegedly incurred by WHO as a result of his misconduct.

    Consideration 13

    Extract:

    Taking into account all of the circumstances, including the factual and legal complexity of the proceedings, the number of steps in the process (the IOS investigation, the two appeals before the RBA and the appeal before the GBA), the total length of the procedure was not unreasonable. The claim for moral damages for excessive delay is rejected.

    Keywords:

    delay; internal appeal; moral injury;



  • Judgment 4234


    129th Session, 2020
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him.

    Consideration 11

    Extract:

    The unlawful dismissal caused the complainant substantial moral injury.
    Given, in particular, the damage to the complainant’s honour and professional reputation resulting from the grounds on which his employment was terminated, the Tribunal considers it appropriate to award him 10,000 euros in moral damages under this head.

    Keywords:

    moral injury;



  • Judgment 4231


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his fixed-term appointment and to place him on special leave with pay until his contract expired.

    Considerations 13-14

    Extract:

    [T]he Tribunal’s finding in consideration 7 of Judgment 3596 merely accepted that special leave pursuant to Staff Rule 302.5.21 is intended as a privilege for the benefit of staff members for the reasons stated in that Rule “or for other important reasons”, which, in effect, must similarly be for the benefit of staff members by virtue of the ejusdem generis rule. Accordingly, in that case, as in the present case, the FAO committed an error of law and an abuse of authority when it used Staff Rule 302.5.21 unilaterally, for a purpose which was extraneous to the Rule, and in the manner in which it did.
    [T]he complainant’s plea that the FAO committed an error of law and an abuse of authority when it placed him on special leave with pay some six months prior to the expiration of his appointment is well founded. The impugned decision of 12 March 2018, as well as the decisions of 4 July 2014 and 1 December 2014, will be set aside insofar as they concern the placement of the complainant on special leave. The complainant will be awarded moral damages for the harm to his professional reputation and to his dignity that he states he has suffered as a result of the unlawfulness of the decisions.

    Reference(s)

    ILOAT Judgment(s): 3596

    Keywords:

    leave with pay; moral injury; respect for dignity; special leave;

    Consideration 15

    Extract:

    The complainant submits that he is entitled to compensation for the inordinate delay (over three years) in the process, from the submission of his appeal to the Director-General on 29 September 2014 to the issuing of the impugned decision on 12 March 2018. The Tribunal accepts that the delay in the internal appeal process was excessive. However, the request for moral damages will be rejected as the complainant has not articulated the adverse effects of the delay.

    Keywords:

    delay in internal procedure; moral injury;

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Last updated: 28.01.2022 ^ top