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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 402

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  • Judgment 4184


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant mainly challenges the alleged misuse of short-term contracts in her case, the non-extension of her last contract and the allegedly incorrect classification of her job.

    Consideration 10

    Extract:

    According to the Tribunal’s case law, staff members are entitled to expect their requests to be dealt with by the competent authorities within a reasonable period of time (see, for example, Judgment 3773, consideration 5). In the present case, the complainant sent her grievance to HRD on 26 June 2013 and it was not until 19 November 2014 that HRD informed her that she should no longer expect to receive a reply from the Organization to her grievance. The Tribunal considers that the fact that the Organization did not give the complainant any reply and, moreover, that it waited more than a year to inform her that this would be the case, after having informed her that she would receive a reply, constitutes an unacceptable attitude on the part of the Organization, which reflects a lack of respect for the complainant. This has resulted in moral injury that requires compensation.

    Reference(s)

    ILOAT Judgment(s): 3773

    Keywords:

    delay; moral injury;



  • Judgment 4181


    128th Session, 2019
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the failure by the ICC to complete his performance appraisal in conformity with the applicable statutory provisions.

    Consideration 9

    Extract:

    The complainant will be awarded 5,000 euros given the doubtless importance to the complainant of receiving the appraisal in a timely manner, particularly having regard to the impending reorganisation and his need to equip himself to secure a position within the reorganised Registry.

    Keywords:

    moral injury; performance evaluation;



  • Judgment 4178


    128th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant him a promotion in the 2014 professional promotion exercise.

    Consideration 14

    Extract:

    As was stated in Judgment 3353, consideration 26, “[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”. Although the Administration remedied the error itself, as a result of the breach of the provision and the unnecessary communication to the complainant, undoubtedly, the complainant was deeply disappointed by his non-promotion and understandably distressed not knowing for an inordinate amount of time about what had led to him not being promoted for which the complainant is entitled to an award of moral damages [...].

    Reference(s)

    ILOAT Judgment(s): 3353

    Keywords:

    injury; moral injury; respect for dignity;

    Consideration 15

    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 organisation owes to its staff members (see, for example, Judgments 3160, consideration 16, 3582, consideration 3, and 3688, consideration 11). In Judgment 3160, consideration 17, the Tribunal also observed that “[t]he amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations” namely, the length of the delay and the effect of the delay. The complainant submits that he has suffered pain and distress, including as a result of the delay in the internal grievance procedures. It is observed that the FAO did not make a submission in relation to the delay in the appeal process. Accordingly, the complainant is entitled to moral damages [...].

    Reference(s)

    ILOAT Judgment(s): 3160, 3582, 3688

    Keywords:

    delay in internal procedure; moral injury; patere legem;



  • Judgment 4177


    128th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term appointment for health reasons.

    Consideration 19

    Extract:

    Requests for moral damages must be properly motivated.

    Keywords:

    moral injury;



  • Judgment 4171


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to dismiss her internal complaints of moral harassment.

    Consideration 15

    Extract:

    [D]ifficult working conditions and an affront to the complainant’s dignity caused her moral injury. In light of the lack of care with which, according to the evidence, the Organization treated her in this matter, the Tribunal considers it appropriate to award her [...] compensation under this head.

    Keywords:

    moral injury;



  • Judgment 4170


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her performance reports for the 2010-2011 biennium and the decisions to defer her within-grade salary increment until 1 February 2012, to withhold that increment on that date and to not renew her fixed-term appointment for unsatisfactory service.

    Consideration 17

    Extract:

    [T]he unlawful nature of the decisions concerning the complainant’s unfavourable performance rating and the non-renewal of her appointment caused her substantial moral injury.
    Given, in particular, the damage to the complainant’s professional reputation caused by the grounds on which her employment with the Organization was terminated, and the lack of care with which, according to the evidence, the Organization at times treated her in this matter, the Tribunal considers it appropriate to award her 10,000 euros in compensation under this head.

    Keywords:

    moral injury;



  • Judgment 4158


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant submits that WIPO has not fully compensated her for the injury that she suffered as a result of being subjected to harassment.

    Consideration 4

    Extract:

    With regard to damages, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6).

    Reference(s)

    ILOAT Judgment(s): 1942, 2471, 3778

    Keywords:

    burden of proof; injury; moral injury;

    Consideration 7

    Extract:

    The amount of compensation must be the subject of a specific examination, which takes into account all relevant factors, such as the seriousness, nature and duration of the injury suffered and also whether or not the organization withdrew the irregular decision and rectified the irregularity.

    Keywords:

    burden of proof; compensation; moral injury;



  • Judgment 4157


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2013 was irregular and contests the partial modification thereof.

    Consideration 11

    Extract:

    Even though the compensation awarded by the Director General was insufficient, the latter’s decision is not such as to cause additional moral injury in the complainant’s case.

    Keywords:

    final decision; moral injury;

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; moral injury; performance evaluation;

    Consideration 7

    Extract:

    With regard to damages, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6).
    The mere fact that a decision was initially flawed does not suffice to warrant awarding damages for moral injury. In the present case, the flaw was corrected on the recommendation of the Appeal Board. To be entitled to moral damages, an official must show that she or he has suffered more severe injury than that which an improper decision ordinarily causes (see Judgment 1380, consideration 11).

    Reference(s)

    ILOAT Judgment(s): 1380, 1942, 2471, 3778

    Keywords:

    burden of proof; moral injury;



  • Judgment 4156


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2012 was irregular.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; moral injury; performance evaluation;

    Consideration 6

    Extract:

    The amount of compensation must be the subject of a specific examination, which takes into account all relevant factors, such as the seriousness, nature and duration of the damage suffered and also whether or not the organization withdrew the irregular decision and rectified the irregularity. In this case, the evaluation – which, incidentally, was belated – contained unjustified and inappropriately worded criticisms. The complainant states that her dignity was hurt by the irregularities committed and that she was shocked at the aggressive and hostile behaviour of the reviewing officer, who expressed her views using excessive language. She emphasizes that, even though the disputed evaluation was withdrawn, this was only done after more than 16 months, during which time she suffered “severe stress and anxiety”.

    Keywords:

    burden of proof; compensation; moral injury;

    Consideration 5

    Extract:

    With regard to damages, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6).
    The mere fact that a decision was initially flawed does not suffice to warrant awarding damages for moral injury. In this case, the flaw was corrected on the recommendation of the Appeal Board. To be entitled to moral damages, an official must have suffered more severe injury than that which an improper decision ordinarily causes (see Judgment 1380, consideration 11).

    Reference(s)

    ILOAT Judgment(s): 1380, 1942, 2471, 3778

    Keywords:

    burden of proof; moral injury;



  • Judgment 4147


    128th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to retain his candidature for a post.

    Consideration 13

    Extract:

    The consistent case law of the Tribunal has it that the amount of compensation for unreasonable delay will ordinarily be influenced by the interrelated considerations of the length of the delay and the effect of the delay (see Judgments 3160, under 17, 3582, under 4, 3688, under 12, and 3879, under 5). In the present case, the complainant has not articulated what impact the delay has had on him. Accordingly, no award of moral damages will be made.

    Reference(s)

    ILOAT Judgment(s): 3160, 3582, 3688, 3879

    Keywords:

    delay in internal procedure; moral injury; patere legem;



  • 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;

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Last updated: 07.03.2024 ^ top