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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 351

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  • Judgment 4039


    126th Session, 2018
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who alleges that he is the victim of institutional harassment and discrimination, seeks redress for the injury he considers he has suffered.

    Considerations 10-16

    Extract:

    [T]he Tribunal draws attention to the fact that the decision whether or not to initiate an investigation is taken at the Organization’s discretion. However, once an investigation is opened, it must be conducted expeditiously without the suspect having to suffer the consequences of the investigators’ possible lack of time. An international organisation has an obligation to initiate the investigation in a timely manner and the corollary obligation of ensuring that the internal body responsible for investigating and reporting on the allegations has the necessary resources to carry out that responsibility (see, in this connection, Judgment 3347, under 14).
    In these circumstances the duration of the investigation – more than 21 months – is inordinate, as is the period of 12 months between the date on which the complainant was first interviewed and the date on which he was notified of the findings of the investigation. [...]
    With regard to the length of the investigation in particular, the Tribunal pointed out in Judgment 3295, under 7, that an organisation must investigate allegations of misconduct in a timely manner both in the interests of the person being investigated and the organisation. These interests include, among other things, safeguarding the reputations of both parties and ensuring that evidence is not lost. Consequently it must be found that the delay in conducting the investigation caused the complainant moral injury which must be redressed (see, in this connection, Judgment 3064, under 11).

    Reference(s)

    ILOAT Judgment(s): 3064, 3295, 3347

    Keywords:

    inquiry; investigation; moral injury; opening of an investigation; time limit;



  • Judgment 4038


    126th Session, 2018
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who alleges that he is the victim of institutional harassment and discrimination, seeks redress for the injury he considers he has suffered.

    Considerations 11-18

    Extract:

    [T]he Tribunal draws attention to the fact that the decision whether or not to initiate an investigation is taken at the Organization’s discretion. However, once an investigation is opened, it must be conducted expeditiously without the suspect having to suffer the consequences of the investigators’ possible lack of time. An international organisation has an obligation to initiate the investigation in a timely manner and the corollary obligation of ensuring that the internal body responsible for investigating and reporting on the allegations has the necessary resources to carry out that responsibility (see, in this connection, Judgment 3347, under 14).
    In these circumstances, the duration of the investigation – more than 21 months – is inordinate, as is the period of 12 months between the date on which the complainant was first interviewed and the date on which he was notified of the outcome of the investigation.

    Reference(s)

    ILOAT Judgment(s): 3064, 3295, 3347

    Keywords:

    inquiry; investigation; moral injury; time limit;



  • Judgment 4037


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-renewal of her temporary appointment.

    Consideration 15

    Extract:

    The Tribunal recalls that, according to its case law, officials are entitled to expect that their case will be dealt with by the internal appeal body within a reasonable time (see, for example, Judgment 3336, under 6). In this case, the Tribunal considers that while the complainant was partly responsible for the delay of which she complains insofar as she had requested and obtained a two-month extension of the time limit for submitting her rejoinder, the internal proceedings lasted an excessively long time having regard to the nature of the case. Their length caused the complainant moral injury, entitling her to damages [...].

    Reference(s)

    ILOAT Judgment(s): 3336

    Keywords:

    delay; internal appeal; moral injury; reasonable time;



  • Judgment 4035


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses her former supervisor of moral harassment.

    Considerations 4, 5, 7

    Extract:

    The complainant objects to the fact that the Director-General, having recognised that the decision to close the case on her complaint of moral harassment had been wrong, failed to initiate the investigation for which item 18.2 of the Human Resources Manual on anti-harassment policy provides when the preliminary assessment does not culminate in a decision to close the case.
    However, like the Appeals Board, the Tribunal considers that it was by that stage no longer possible to conduct such an investigation, not only because the Director of the Office had left the Organization, but also because of the time that had elapsed since the incidents in question, which in particular made it difficult to gather reliable testimony from witnesses as to whether those incidents occurred and how third parties may have perceived them.
    The Tribunal has already found in similar cases that when a harassment case has been wrongly closed, it is not appropriate to order that an investigation be re-opened if that course would raise practical difficulties of this nature (see, for example, in another case concerning a UNESCO official, Judgment 3639, under 8 to 10).
    Furthermore, the Tribunal came to the same conclusion in its recent Judgment 3935, delivered in public on 24 January 2018, in which it ruled on a complaint filed by the complainant’s immediate supervisor at the material time, Mr E. Z., who likewise considered that the Director of the Office had harassed him.
    This situation means that, as in the case leading to aforementioned Judgment 3935, it is impossible for the Tribunal, in the present case, to reach an informed decision on the merits of the parties’ submissions as to the existence and, as the case may be, the effects of the harassment alleged by the complainant. Neither the parties’ briefs nor the evidence tendered allow the Tribunal to rule on these points with certainty; this would be possible only if the findings of an investigation that was duly carried out at the material time were available.
    Thus, although the complainant alleges, inter alia, that she was unduly divested of the substance of her responsibilities, unlawfully placed in a hierarchical position that was not commensurate with her grade and subjected to denigration of her work and other humiliating statements and conduct, the evidence on file does not permit a determination as to whether some of these incidents actually took place and whether, viewed as a whole, they constituted harassment or instead resulted from acceptable management decisions or sheer tactlessness. Furthermore, whilst the complainant plainly had a very difficult relationship with the Director of the Office, that circumstance, which may well be explained by work-related conflicts or even by purely personal antagonism, does not in itself support a finding that the complainant was, as she alleges, a victim of systematic discrimination, retaliation or other conduct amounting to harassment. [...]
    Nevertheless, the fact that it is impossible for the complainant to have her internal complaint of harassment examined owing to the failure to conduct an investigation at the time of the incidents constitutes a serious violation of her right to effective means of redress. It has caused her considerable moral injury which, in the Tribunal’s view, justifies a higher amount of damages than that already awarded by the Director-General in the impugned decision.

    Reference(s)

    ILOAT Judgment(s): 3639, 3935

    Keywords:

    harassment; inquiry; investigation; moral injury;



  • Judgment 4034


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims that she was subjected to harassment.

    Considerations 18, 19, 20

    Extract:

    [T]he complainant states that after the Bureau of Field Coordination was abolished, she was not notified of her exact assignment. [...]
    The Tribunal observes that the patently unacceptable situation in which the complainant and numerous other officials were placed reveals a management error by the Administration but does not constitute harassment. Under the case law, unsatisfactory conduct is not, in itself, sufficient to establish harassment (see, for example, Judgment 3625, under 9).
    It follows from the foregoing that the complainant has failed to show that she was a victim of harassment.
    However, although the alleged harassment has not been established, the Tribunal considers that the management error identified above placed the complainant in a difficult situation that caused her moral injury. The Organization must redress its breach of the duty to provide its employees with a safe and healthy working environment by the payment of damages, which the Tribunal sets at 10,000 euros.

    Reference(s)

    ILOAT Judgment(s): 3625

    Keywords:

    clerical error; harassment; moral injury;



  • Judgment 4031


    126th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the step level he was placed in upon implementation of a new local salary scale for General Service staff in New Delhi, India.

    Consideration 8

    Extract:

    The complainant submits that he suffered injury as a consequence of the “inordinate, inexplicable and inexcusable” delay in the internal appeal process. He seeks moral damages on this account. The Tribunal has relevantly stated as follows in Judgment 3160, consideration 17:
    “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.”

    Reference(s)

    ILOAT Judgment(s): 3160

    Keywords:

    delay in internal procedure; internal appeal; moral injury; patere legem; reasonable time;



  • Judgment 4020


    126th Session, 2018
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the denial of his second request to benefit from the temporary early termination of service scheme and the implied decision to reject his claim for compensation.

    Consideration 4

    Extract:

    In accordance with Article VII, paragraph 1, of the Statute of the Tribunal, “[a] complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations”.
    [I]t is well settled that this rule, that internal means of redress must first be exhausted, does not apply to a claim for moral damages, which constitute a natural form of relief which the Tribunal has the power to grant in all circumstances (see, for example, Judgments 3080, under 25, 2779, under 7, and 2609, under 10). The claim for compensation under this head is therefore receivable.
    The same applies to the claim for costs related to the proceedings before the Tribunal (see Judgment 3945, under 5).

    Reference(s)

    ILOAT reference: Article VII, paragraph 1, of the Statute
    ILOAT Judgment(s): 2609, 2779, 2779, 3080, 3945

    Keywords:

    internal remedies exhausted; moral injury;



  • Judgment 4015


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to award him damages for the alleged leaking of confidential information concerning him.

    Consideration 6

    Extract:

    [I]n the complaint form submitted to the Tribunal, the complainant seeks “moral damages for the delay in the internal complaint and appeals process”. As the complainant did not make any submissions in his brief in relation to this claim, it will not be considered.

    Keywords:

    delay; internal procedure; moral injury;



  • Judgment 4014


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to investigate his harassment complaint by an external investigator and not by an investigation panel provided for in the applicable rules.

    Consideration 7

    Extract:

    [I]n the complaint form submitted to the Tribunal, the complainant seeks “moral damages for the delay in the internal complaint and appeals process”. As the complainant did not make any submissions in his brief in relation to this claim, it will not be considered.

    Keywords:

    delay; internal procedure; moral injury;



  • Judgment 4013


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to investigate his harassment complaint in accordance with the applicable rules.

    Consideration 14

    Extract:

    [I]n the complaint form submitted to the Tribunal, the complainant seeks “moral damages for the delay in the internal complaint and appeals process”. As the complainant did not make any submissions in his brief in relation to this claim, it will not be considered.

    Keywords:

    delay; internal procedure; moral injury;



  • Judgment 4004


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his appeal against the abolition of his post and the termination of his fixed-term appointment, which was filed after he had accepted a mutually agreed separation.

    Consideration 8

    Extract:

    The complainant seeks reinstatement, compensation for material and moral injury, and legal costs. The Tribunal is satisfied that reinstatement would raise practical difficulties because of the reorganization of the Registry and the time that has elapsed since the termination of his appointment. Therefore, the Tribunal finds it appropriate not to order reinstatement but it will award the complainant material damages in the amount of 180,000 euros, however deducting therefrom the 139,113.62 euros already paid to him. The Tribunal has taken into account all of the circumstances of the case in determining this amount, including the duration of the complainant’s contract, the income he would have earned at the ICC, but has also taken into account the income he could have earned in other employment and the possibility that in due course his employment could have been terminated lawfully. The ICC shall also pay the complainant moral damages which, in the particular circumstances of this case, including the fact that the complainant resiled from the Separation Agreement he had voluntarily entered, will be set at 3,000 euros.

    Keywords:

    material damages; moral injury; reinstatement;



  • Judgment 4003


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks compensation for damages related to her arrest and detention in Libya while on an official mission.

    Consideration 16

    Extract:

    The Tribunal recognizes that the complainant’s ordeal in Libya was a direct result of the ICC’s failure to properly prepare for the mission, specifically, its failure to: (a) establish a diplomatic basis by ensuring that a Memorandum of Understanding was established and/or Notes Verbales were exchanged with the Libyan authorities prior to the mission’s initiation; (b) establish a mission plan which identified the objectives of the mission, the locations to visit and persons to be met, as well as naming the Head of Mission and clarifying the specific responsibilities of the team members; and (c) ensure that all security protocols were followed and advice was implemented to guarantee the safety and security of the staff members on mission. For these failures, and taking into consideration the damage suffered by the complainant and Mr P. L. during their period of confinement, the Tribunal awards moral damages in the amount of 140,000 euros to each of them. This amount addresses the damage to their psychological well-being as well as to their public and private relations – due to the stress, and difficulties in traveling, due to the ongoing charges against them in Libya and the defamation of their characters which would have been mitigated if the ICC had issued a statement asserting their innocence immediately instead of waiting until the Libyan accusations had been widely publicized.

    Keywords:

    moral injury; official travel; security measures;



  • Judgment 3997


    126th Session, 2018
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his 2012 performance evaluation.

    Consideration 6

    Extract:

    The Global Fund [...] refers to Judgment 3069, consideration 5. In that matter the complainant had, before the internal appeal body, sought symbolic damages in the amount of one Swiss franc but in the proceedings before the Tribunal had sought to convert that claim into a claim for actual and moral damages. The Tribunal found that claim was irreceivable and cited Judgment 2837, consideration 3. The present case is indistinguishable in this respect and the complainant cites no authority to resist the conclusion that the claims for damages are irreceivable. They are not receivable and will be dismissed.

    Reference(s)

    ILOAT Judgment(s): 3069

    Keywords:

    moral injury; new claim;



  • Judgment 3970


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to prolong his service beyond the mandatory retirement age.

    Consideration 15

    Extract:

    The unlawfulness of the refusal to prolong the complainant’s service and the Organisation’s breach of the duty of care [...] also caused the complainant moral injury, which was exacerbated throughout the proceedings by the often disrespectful manner in which the Office’s authorities treated him.
    The Tribunal hence considers it appropriate to award the complainant the sum of 5,000 euros which he claims in compensation for that injury.

    Keywords:

    moral injury;



  • Judgment 3969


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the EPO’s decision to impose upon her the disciplinary measure of downgrading.

    Consideration 17

    Extract:

    The ultimate decision to impose a serious disciplinary sanction was made in circumstances where the complainant was incapacitated by serious mental health issues. This should be reflected in the amount of those damages. The Tribunal assesses those damages in the sum of 30,000 euros.

    Keywords:

    disciplinary measure; illness; moral injury;



  • Judgment 3964


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to impose on him the disciplinary measure of dismissal for serious misconduct.

    Consideration 20

    Extract:

    Prior to the oral hearing before the Disciplinary Committee, it was revealed that potential witnesses from the IU had been provided with a copy of the complainant’s rejoinder to the Disciplinary Committee. [...] [The EPO] does not seek to explain how the information came into the hands of the potential IU witnesses. It can reasonably be inferred that it happened as a result of the conduct of a member of staff of the EPO and for which the Organisation is responsible. But as noted by the Tribunal in Judgment 3284, consideration 28, how it happened is not of any great significance. What is significant is that the complainant’s confidentiality was not preserved. The complainant is entitled to moral damages assessed in the sum of 4,000 euros as the breach does not appear to be so egregious as the individuals to whom the material was sent were themselves bound to keep it confidential.

    Reference(s)

    ILOAT Judgment(s): 3284

    Keywords:

    confidential evidence; moral injury;



  • Judgment 3946


    125th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the amounts she was awarded for the delay in processing her request for compensation for service-incurred illness.

    Consideration 16

    Extract:

    Regarding the claim for additional moral damages for delay, it is observed that the confusion and misunderstanding surrounding the processing of the complainant’s claim and the delay this occasioned is attributable in large measure to WIPO’s failure to follow the required procedure in Article 12.2 of the insurer’s policy for which the complainant is entitled to additional moral damages in the amount of 5,000 Swiss francs.

    Keywords:

    delay; moral injury;



  • Judgment 3945


    125th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her 2013 performance evaluation.

    Consideration 5

    Extract:

    [T]he Tribunal’s case law states that a complainant may make a claim for consequential relief which was not made in the internal proceedings. Under that case law, claims for moral damages can be treated as consequential relief and thus are not subject to the requirement to exhaust internal remedies (see Judgment 3871, consideration 18). Regarding the claim for costs, the Tribunal has accepted that only a claim for costs with respect to the proceedings before the Tribunal may be receivable (see Judgment 3421, under 2(a)).

    Reference(s)

    ILOAT Judgment(s): 3421, 3871

    Keywords:

    costs; exception; internal remedies exhausted; moral injury;



  • Judgment 3942


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reinstate her in her former position.

    Considerations 8 and 9

    Extract:

    The Tribunal accepts [...] that the executive head of an organisation has a discretionary power to review an earlier decision and can, for good reason and acting bone fide, vary or rescind that decision (see, for example, Judgment 618, consideration 5, though compare Judgment 3871, consideration 3), unless the earlier decision is immune from revision either because of the effect of normative legal documents within the organisation such as staff rules or regulations, or because of the application of principles found in the Tribunal’s case law such as promissory estoppel (see, for example, Judgment 1781, considerations 12 to 14). But the rationale for the reversal decision, in the present case, does not withstand close scrutiny. [...]
    It is true that the remedy chosen in the decision [...] certainly compensated the complainant, financially, for the direct effect of the unlawful non-renewal of her contract as an act of retaliation. However, that decision fails to recognise that bare financial compensation for lost income arising directly from non-renewal of the complainant’s contract for an unlawful reason might be an insufficient remedy. This failure is an error of law involving a failure to take into account relevant considerations.

    Keywords:

    estoppel; moral injury; non-renewal of contract; withdrawal of decision;



  • Judgment 3941


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges a Circular that implements amendments to the Rules of the Medical Benefits Fund.

    Consideration 7

    Extract:

    As the interveners are in the same position in fact and in law as the complainant, their applications to intervene are accepted and they are also entitled to moral damages.

    Keywords:

    intervention; moral injury;

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Last updated: 28.01.2022 ^ top