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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 351

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  • Judgment 4139


    128th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term contract as a result of her post having been abolished.

    Consideration 11

    Extract:

    [W]hile it is true that [...] the Global Fund made errors in its communication with the complainant concerning the abolition of her post, the Tribunal considers that the apologies offered by the organization in this regard [...].

    Keywords:

    apology; moral injury;



  • Judgment 4117


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the finding that his invalidity was not caused by an occupational disease.

    Consideration 9

    Extract:

    Even though damages were sought by the complainant, no arguments were advanced in the pleas about the nature of the damages, the reasons for awarding them and the appropriate quantum. Accordingly, no damages will be awarded.

    Keywords:

    moral injury;



  • Judgment 4115


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to downgrade him for serious misconduct.

    Consideration 15

    Extract:

    The complainant sought moral damages by way of relief but advanced no evidence, or even argument, to support this claim.

    Keywords:

    evidence; moral injury;



  • Judgment 4111


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.

    Consideration 8

    Extract:

    Where an investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have his harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay him 15,000 Swiss francs in compensation.

    Keywords:

    flaw; harassment; inquiry; investigation; moral injury;

    Consideration 9

    Extract:

    [...] Although it must be taken into account that the complainant took a month to provide his comments and that HRD asked the investigator to respond to them, which may have taken some time, the Tribunal considers that, in view of the circumstances of the case, a period of nine months between the submission of the findings of the investigation and the notification of the decision of HRD is excessive. Harassment cases should be treated as quickly and efficiently as possible, in order to protect staff members from unnecessary suffering, but attention must also to thoroughness and procedure (see Judgment 3447, consideration 7).
    The moral injury thus caused to the complainant will be fairly redressed by awarding him compensation in the amount of 1,000 Swiss francs.

    Reference(s)

    ILOAT Judgment(s): 3447

    Keywords:

    delay; harassment; inquiry; investigation; moral injury; procedure before the tribunal;

    Consideration 10

    Extract:

    As to the proceedings before the JAAB, they were also seriously delayed. Whereas the grievance was filed on 21 August 2014, the JAAB’s report was issued on 1 April 2016. Both the JAAB and the ILO have admitted this delay, which the Director-General agreed, in the impugned decision, to compensate in the amount of 2,500 Swiss francs.

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4110


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.

    Consideration 10

    Extract:

    As to the proceedings before the JAAB, they were also seriously delayed. Whereas the grievance was filed on 1 September 2014, the JAAB’s report was issued on 1 April 2016. Both the JAAB and the ILO have admitted this delay, which the Director-General agreed, in the impugned decision, to compensate in the amount of 2,500 Swiss francs.

    Keywords:

    delay in internal procedure; moral injury;

    Consideration 9

    Extract:

    Although it must be taken into account that the complainant took a month to provide his comments and that HRD asked the investigator to respond to them, which may have taken some time, the Tribunal considers that, in view of the circumstances of the case, a period of nine months between the submission of the findings of the investigation and the notification of the decision of HRD is excessive. 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 (see Judgment 3447, consideration 7).
    The moral injury thus caused to the complainant will be fairly redressed by awarding him compensation in the amount of 1,000 Swiss francs.

    Reference(s)

    ILOAT Judgment(s): 3447

    Keywords:

    delay in internal procedure; harassment; inquiry; investigation; moral injury;

    Consideration 8

    Extract:

    Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have his harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay him 15,000 Swiss francs in compensation.

    Keywords:

    harassment; inquiry; investigation; moral injury;



  • Judgment 4109


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.

    Consideration 8

    Extract:

    Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have her harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay her 15,000 Swiss francs in compensation.

    Keywords:

    flaw; harassment; inquiry; investigation; moral injury;

    Consideration 10

    Extract:

    As to the proceedings before the JAAB, they were also seriously delayed. Whereas the grievance was filed on 21 August 2014, the JAAB’s report was issued on 1 April 2016. Both the JAAB and the ILO have admitted this delay, which the Director-General agreed, in the impugned decision, to compensate in the amount of 2,500 Swiss francs.

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4108


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.

    Consideration 8

    Extract:

    Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have her harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay her 15,000 Swiss francs in compensation.

    Keywords:

    flaw; harassment; inquiry; investigation; moral injury;

    Consideration 10

    Extract:

    As to the proceedings before the JAAB, they were also seriously delayed. Whereas the grievance was filed on 21 August 2014, the JAAB’s report was issued on 1 April 2016. Both the JAAB and the ILO have admitted this delay, which the Director-General agreed, in the impugned decision, to compensate in the amount of 2,500 Swiss francs.

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4102


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the ILO’s failure to take a final decision on her job grading appeal and the failure to grant her a contract without limit of time.

    Consideration 7

    Extract:

    In awarding moral damages, the Tribunal takes into consideration that the Administration, in its letter of 6 March 2017, recognized its egregious administrative oversights and therefore decided to pay the complainant immediately 20,000 Swiss francs, and that the Director-General offered his sincere apologies.
    Taking into account that the complainant requested in 2009 that her job be graded at the G.4 level, that on 10 May 2017 a final decision had not yet been taken, that there was a failure to exercise a duty of care on the part of the Administration, which has failed to act for a long time, and that the issue was of great importance for the complainant, the Tribunal decides to award her 16,000 Swiss francs in moral damages in addition to the 20,000 Swiss francs already paid by the Organization.

    Keywords:

    delay in internal procedure; duty of care; moral injury;



  • Judgment 4100


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to select him for a position for which he had applied.

    Consideration 7

    Extract:

    It is well settled in the case law that internal appeals must be conducted with due diligence and in a manner consistent with the duty of care an international organization owes to its staff members (see Judgments 3160, under 16, and 3582, under 3). Although it appears that the Administration took some steps to deal with an unusually large volume of work, the time taken to finalize the HBA report was nonetheless unreasonable. In Judgment 3160, under 17, the Tribunal held:
    “The 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. Delay in an internal appeal concerning a matter of limited seriousness in its impact on the appellant would be likely to be less injurious to the appellant than delay in an appeal concerning an issue of fundamental importance and seriousness in its impact on the appellant.”
    (See also Judgment 4031, under 8.)

    Reference(s)

    ILOAT Judgment(s): 3160, 3582, 4031

    Keywords:

    delay in internal procedure; duty of care; moral injury;



  • Judgment 4095


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish his post and to terminate his fixed-term contract.

    Consideration 3

    Extract:

    [...] In some cases the discrepancy between the amount claimed in an internal appeal and the amount claimed in the proceedings before the Tribunal sustains a conclusion that what is claimed in the latter proceedings is a new claim and irreceivable (see, for example, Judgment 3997, considerations 3 to 6). In other cases it might be difficult to characterise the claim for a larger amount in the Tribunal as a new claim. Nonetheless, in the absence of an explanation for the increased amount, the Tribunal has set its face against a complainant pursuing the larger amount (see, for example, Judgment 3419, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 3419, 3997

    Keywords:

    material damages; moral injury; new claim;



  • Judgment 4090


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the processing of his application for a disability benefit and the calculation of his sick leave entitlements.

    Consideration 15

    Extract:

    The complainant is entitled to moral damages for the delay in the consideration of his application for a disability benefit arising from the IAEA’s breach of its duty of care. The Tribunal takes into account the fact that, but for the delay, he may have been in receipt of the disability benefit earlier.

    Keywords:

    delay; disability benefit; duty of care; moral injury;



  • Judgment 4086


    127th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to maintain her contested job description.

    Consideration 16

    Extract:

    [I]nasmuch as the complainant was awarded moral damages in Judgment 4084 for essentially the same breach, moral damages will not be awarded for this claim in the present complaint.

    Reference(s)

    ILOAT Judgment(s): 4084

    Keywords:

    moral injury; res judicata;



  • Judgment 4079


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed an application for interpretation and review of Judgment 3930 and the complainant in that case filed an application for execution of that judgment.

    Consideration 24

    Extract:

    The delay in fully executing Judgment 3930 has caused the complainant moral injury. In awarding moral damages, the Tribunal takes into particular account the following: the duration of the delay, the fact that there was no need to seek a decision from the Council of Administration to authorize the execution of a judgment of the Tribunal, particularly when the budget was already approved for payments of awards, and the misleading presentation made by the International Bureau (in the presentation to the Council of Administration debating whether or not to execute the judgment) that the complainant’s illness was feigned. The International Bureau acted without presenting any evidence from a medical board and without having completed a disciplinary proceeding with regard to that unproven allegation, in violation of its duty of care and in breach of the adversarial principle. The UPU must respect the dignity of its staff members and preserve their reputation.

    Reference(s)

    ILOAT Judgment(s): 3930

    Keywords:

    delay in payment; duty of care; execution of judgment; moral injury; respect for dignity;



  • Judgment 4078


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed an application for interpretation and review of Judgment 3929 and the complainant in that case filed an application for execution of that judgment.

    Consideration 24

    Extract:

    The delay in fully executing Judgment 3929 has caused the complainant moral injury. In awarding moral damages, the Tribunal takes into particular account the following: the duration of the delay and the fact that there was no need to seek a decision from the Council of Administration to authorize the execution of a judgment of the Tribunal, particularly when the budget was already approved for payments of awards.

    Reference(s)

    ILOAT Judgment(s): 3929

    Keywords:

    delay in payment; execution of judgment; moral injury;



  • Judgment 4076


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed and application for interpretation and review of Judgment 3927 and the complainant in that case filed an application for execution of that judgment.

    Consideration 15

    Extract:

    The unnecessary delay in executing Judgment 3927 has caused the complainant moral injury, for which she is entitled to moral damages that the Tribunal sets in the amount of 1,000 Swiss francs.

    Reference(s)

    ILOAT Judgment(s): 3927

    Keywords:

    delay in payment; execution of judgment; moral injury;



  • Judgment 4074


    127th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to review or amend the separation agreement offered to him and to terminate his appointment without the appropriate financial package.

    Consideration 15

    Extract:

    Without descending into detail having regard to the position of the Global Fund referred to in the preceding consideration, the advancing of the practical end date of the complainant’s employment [...] was peremptory, without adequate explanation and was conducted in a way including a request that the complainant immediately leave the premises, that did not respect the complainant’s dignity. While he alleges this effect, the complainant has not proved to the satisfaction of the Tribunal any damage to his career or reputation. The complainant is entitled to moral damages assessed in the sum of 30,000 Swiss francs and which reflect that he was a senior executive brought in to assist the organisation during change and had, it clearly appears, performed at the high level expected of him. The level of damages should reflect that this was the context in which he was very poorly treated at the time he was summarily excluded from the organisation and following.

    Keywords:

    moral injury; respect for dignity;



  • Judgment 4069


    127th Session, 2019
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the direct appointment of Mr D. and Mr A. to two D-2 level posts.

    Consideration 8

    Extract:

    The complainant seeks an award of “actual damages, with full retroactivity, all additional salary, benefits, entitlements, including step increases and pension contributions, and any other emoluments he would have received had he been selected for either of said posts and been promoted to grade D2, from 8 July 2014 (the date of the first irregular direct appointment) through his statutory date of [...] retirement”. There is no basis for such an award which, in effect, would be material damages. Such an award cannot be made on a mere expectation that his application for either post might have been successful. However, he is entitled to 4,000 euros in moral damages for the violation of his right to compete for the posts.

    Keywords:

    material damages; moral injury; selection procedure;



  • Judgment 4064


    127th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges a request made by the Administration of the FAO that he provide comments, while he was on certified sick leave, on a report issued by the Investigation Panel appointed to investigate allegations of harassment against him.

    Consideration 12

    Extract:

    [T]he internal appeal process, which took some twenty-eight months to be completed, was too long. For this, the complainant will be awarded 2,000 euros in moral damages.

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4063


    127th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment on disciplinary grounds.

    Consideration 14

    Extract:

    The Tribunal recalls its consistent case law according to which a staff member is entitled to an efficient internal means of redress and to expect a decision on an internal appeal to be taken within a reasonable time (see Judgment 3336, consideration 6). In this case, the complainant submitted his detailed appeal to the Appeals Board on 11 March 2015 – following the public delivery of Judgment 3398 – and the decision of the Director-General on this appeal was issued only on 2 August 2016, that is almost seventeen months later.
    Given the nature of the case, which concerns a termination for disciplinary reasons, the Tribunal considers that such a period of time was excessive and that, in this regard, moral damages should be awarded to the complainant in the amount of 1,000 euros.

    Reference(s)

    ILOAT Judgment(s): 3336

    Keywords:

    delay in internal procedure; disciplinary measure; moral injury;



  • Judgment 4060


    127th Session, 2019
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, an ICC Senior Security Officer, contests the decision to temporarily withdraw his authorisation to carry a firearm.

    Consideration 18

    Extract:

    The ICC’s failure to provide the complainant with adequate reasons for the 12 June 2014 decision constitutes a breach of the complainant’s due process rights and, accordingly, the decision is unlawful. This would warrant an order setting aside the decision, however, as noted above, such an order is unnecessary as the decision is no longer in force. The complainant is nonetheless entitled to moral damages for the breach of his due process rights.

    Keywords:

    damages; due process; duty to substantiate decision; moral injury; motivation;

    Consideration 29

    Extract:

    [A] review of the chronology [...] shows that the Administration failed to provide the complainant with relevant information in a timely manner. This led to unnecessary delays in the resolution of the complainant’s case, misunderstandings, and was an affront to the complainant’s dignity. This ongoing failure to provide the complainant with the information which he was entitled to receive is exacerbated by the fact that the ICC has not advanced any reasons for withholding the information. The complainant is entitled to moral damages in the amount of 20,000 euros and costs in the amount of 6,000 euros.

    Keywords:

    duty of care; duty to inform; injury; moral injury; respect for dignity;

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Last updated: 28.01.2022 ^ top