Moral injury (50,-666)
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Keywords: Moral injury
Total judgments found: 378
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Judgment 3823
124th Session, 2017
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for execution of Judgment 3225.
Consideration 4
Extract:
Under Article VI, paragraph 1, second and third sentences, of the Statute of the Tribunal, the Tribunal’s judgments are final and without appeal, but it may consider applications for interpretation, execution or review of those judgments. As the case law has consistently stated (since Judgment 82, under 6), the Tribunal’s judgments are therefore immediately operative, a principle also stemming from their res judicata authority. International organisations that have recognised the Tribunal’s jurisdiction are bound to take whatever action is required by a judgment, which must be executed as ruled (see, for example, Judgments 1887, under 8, 3003, under 12, 3152, under 11, and 3394, under 9). Furthermore, the parties must work together in good faith to execute judgments. Execution must occur within a reasonable period of time, having regard to all the circumstances of the case, especially the nature and the extent of the action which the organisation is required to take (see, for example, Judgments 2684, under 6, 3066, under 6, and 3656, under 3).
Reference(s)
ILOAT reference: Article VI, paragraph 1, of the Statute
ILOAT Judgment(s): 82, 1887, 2684, 3003, 3066, 3152, 3394, 3656
Keywords:
execution of judgment; good faith; moral injury; res judicata;
Judgment 3792
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for execution of Judgment 3045.
Consideration 8
Extract:
[T]he delay in executing Judgment 3045 has caused the complainant moral injury, which may be fairly redressed by awarding him compensation in the amount of 20,000 euros.
Reference(s)
ILOAT Judgment(s): 3045
Keywords:
execution of judgment; moral injury;
Judgment 3782
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the classification of their posts.
Consideration 5
Extract:
The claim for moral damages for the excessive delay in the internal appeal proceedings is founded. Consistent case law holds that an unjustified duration of four years for the processing of an internal appeal constitutes an excessive delay. In the present case, the EPO has not justified in any way the three-year delay from the time of the filing of the internal appeals and the filing of its position paper. Considering the length of the delay, the nature of the question raised, and the age of the complainants, the Tribunal sets the award of moral damages in the amount of 3,000 euros per complainant.
Keywords:
delay in internal procedure; moral injury;
Judgment 3777
123rd Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss his allegations of harassment and his performance appraisal for 2011 to 2013.
Consideration 15
Extract:
These allegations have been detailed as, even given the responses of the complainant’s responsible chief, they provide with some of the complainant’s other allegations, a case which required further investigation and consideration and should have been referred to a Commission of Inquiry for the conduct of an inquiry. For the omission to refer the matter to a Commission of Inquiry, the complainant will be awarded moral damages [...].
Keywords:
harassment; moral injury;
Judgment 3773
123rd Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant disputes the calculation of the number of years of service taken into consideration to determine the date on which she became eligible for personal promotion.
Consideration 5
Extract:
[I]t is well settled in the Tribunal’s case law that international organisations must respond to requests from their staff members within a reasonable period of time (see Judgment 3188, under 5). In the instant case, in March 2011 the complainant asked the ILO when she would become eligible for a personal promotion. It was not until 5 December 2012, in other words more than one and a half years later, that the ILO gave her an initial reply. The Tribunal considers that this delay is abnormal and constitutes a breach of the Organization’s duty of diligence towards a member of its staff. This breach is all the more glaring for the fact that the Organization’s reply was merely provisional, since the issue of how to calculate years of service under daily contracts had been referred to a joint panel. This situation caused the complainant moral injury [...].
Reference(s)
ILOAT Judgment(s): 3188
Keywords:
delay in internal procedure; moral injury;
Judgment 3761
123rd Session, 2017
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge a circular that implements amendments to the Rules of the Medical Benefits Fund.
Consideration 15
Extract:
As the decision of the Director-General to amend the MBF Rules was not taken in compliance with the amendment provisions in these Rules […] and, in particular, did not obtain the approval of the General Assembly of Participants, the decision was unlawful and will be set aside. It follows that the amendments to these Rules are of no force or effect. The complainants are entitled to an award of moral damages for the Organization’s complete disregard of the MBF’s statutory provisions and the resulting unlawful decision.
Keywords:
general decision; moral injury;
Consideration 15
Extract:
As the interveners are in the same position in fact and in law as the complainants, their applications to intervene are accepted and they are also entitled to moral damages.
Keywords:
intervention; moral injury;
Judgment 3755
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his continuing appointment owing to the abolition of his position.
Consideration 15
Extract:
The Tribunal considers that the Organization did not process the internal appeal with the requisite promptness and diligence. According to well-established case law, “[s]ince compliance with internal appeal procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed” (see Judgments 2197, under 33, and 2841, under 9). A period of approximately two years is plainly unreasonable in light of all the circumstances of the case.
Reference(s)
ILOAT Judgment(s): 2197, 2841
Keywords:
delay in internal procedure; moral injury;
Judgment 3751
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former WHO staff member, challenges the decisions to abolish her post and to terminate her fixed-term appointment.
Consideration 10
Extract:
[I]t was not for the complainant to have to discern from all surrounding circumstances known to her the reason why her post had been abolished and the reason why she had not been matched to a new position. It was incumbent on WHO to provide those reasons both as a matter of fairness and also to safeguard the complainant’s right to contest the decision (see Judgment 3041, consideration 8). WHO’s failure to provide those reasons entitles the complainant to moral damages.
Reference(s)
ILOAT Judgment(s): 3041
Keywords:
burden of proof; duty to inform; moral injury;
Judgment 3742
123rd Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the direct appointment of Ms S. to the position of Director, Office of Support to Decentralization.
Consideration 16
Extract:
[T]he Appeals Committee did not provide that information to the complainant, in breach of its duty of procedural fairness. It is well established in the Tribunal’s case law that a “staff member must as a general rule have access to all evidence on which the authority bases (or intends to base) its decision against him” (see Judgment 3264, under 15). The complainant will be awarded moral damages [...].
Reference(s)
ILOAT Judgment(s): 3264
Keywords:
due process; internal appeal; moral injury;
Consideration 15
Extract:
The procedural irregularity which has resulted in setting aside the impugned decision caused the complainant a moral injury [...].
Keywords:
moral injury;
Judgment 3736
123rd Session, 2017
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the ITU’s decision to change its medical insurance scheme and to increase their premiums under this insurance scheme.
Consideration 13
Extract:
It follows from what was said under 7 [...] that Service Order No. 14/10 is unlawful because the Staff Council was not consulted. The decisions to deduct additional insurance premiums from the complainants’ pensions as from 1May 2014 must therefore be set aside and the organisation must be ordered to reimburse the complainants the amount thereof.
The complainants are also entitled to compensation for the moral injury caused by the unlawful nature of these undue deductions.
However, given that the unlawfulness of Service Order No. 14/10 is due only to a procedural flaw which, moreover, may be remedied, including retroactively, an award of 2,000 euros to each complainant will constitute sufficient compensation for this injury.
Keywords:
consultation; moral injury;
Judgment 3730
123rd Session, 2017
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that Eurocontrol withdrew his title and duties as Head of Section.
Consideration 6
Extract:
[T]he behaviour of the complainant’s superiors, whom he was entitled to presume had authority, maintained his belief that they would take the necessary steps to have him promoted to the generic post corresponding to the duties entrusted to him, or that he would be granted a differential allowance, which he claims for the first time in these proceedings.
As such a promotion procedure was not feasible under Article 5(3)(c) or Article 45a(1) of the Staff Regulations, the complainant was unduly kept in an illusory position for an excessively long time, which undeniably constituted a substantial affront to his dignity.
Keywords:
moral injury; respect for dignity;
Judgment 3727
123rd Session, 2017
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, whose post was abolished following a restructuring exercise, challenges the new final decision taken by the Secretary General pursuant to Judgment 3208.
Consideration 15
Extract:
What the Federation does not do in its pleas and evidence is to demonstrate that it corresponded or otherwise communicated with the complainant about specific available positions encouraging the complainant to apply for or pursue them or to demonstrate that, at the time, it undertook any sort of analysis of positions which might, at least potentially, have been positions to which the complainant might be transferred as contemplated by Article 11.3.2 of the Staff Regulations. It was not sufficient for the Federation to take the approach, as it apparently did, that it was incumbent on the complainant to identify other positions for which he might be suitable and then apply for those positions. The Federation bore the onus of showing the complainant was not able to remain in the Federation’s service in some capacity (see Judgment 2830, consideration 9). A much more active role was required of the Federation in circumstances where a long-serving member of staff towards the end of his career was facing the prospect of his employment being terminated because of redundancy. The Federation’s obligations have been described as requiring it to do “its utmost to find [an official facing redundancy] a post which matched his skills and level of responsibility” [...] (see Judgment 2090, consideration 7). The Federation failed in its duty towards the complainant and, in this respect, the complainant is entitled to moral damages.
Reference(s)
ILOAT Judgment(s): 2090, 2830
Keywords:
abolition of post; burden of proof; duty of care; moral injury; reassignment; respect for dignity;
Judgment 3726
123rd Session, 2017
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her claim for compensation on account of labour exploitation and compulsory labour.
Consideration 20
Extract:
[The Tribunal] can grant damages if it is not disputed that the complainant performed work beyond her current grade (see, for example, Judgment 3284, considerations 14 and 17). The Tribunal therefore determines that the complainant is entitled to material damages for the tasks that she performed above her G.5 grade, and that she is entitled to moral damages for the prejudice that she suffered by IOM’s breach.
Reference(s)
ILOAT Judgment(s): 3284
Keywords:
grade; material damages; moral injury; order; post classification; reclassification; retroactivity;
Judgment 3692
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant who, at the material time, was working as a patent examiner, objects to three of his staff reports, submits that he was subjected to harassment and challenges the rejection of his request for an independent examination of several of his dissenting opinions on patent applications.
Consideration 22
Extract:
[T]he unlawful nature of the disputed staff reports in question caused the complainant moral injury.
Keywords:
moral injury;
Judgment 3691
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the salary deductions made following their participation in strikes.
Consideration 12
Extract:
[A]s noted in the Tribunal’s case law, it is impractical for complainants to submit specific claims (in their appeals) against delays in the internal appeal procedure as they cannot know when the procedure will finish (see Judgments 2744, consideration 6, and 3429, consideration 4).
Reference(s)
ILOAT Judgment(s): 2744, 3429
Keywords:
delay in internal procedure; moral injury;
Judgment 3689
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that he contracted onchocerciasis, a parasitic disease which may eventually lead to blindness, during the performance of his duties as a collector of insects that are vectors of the disease, in Côte d’Ivoire under WHO’s Onchocerciasis Control Programme.
Consideration 5
Extract:
[T]he Tribunal recalls that international organizations have a duty to adopt appropriate measures to protect the health and ensure the safety of their staff members (see Judgments 3025, under 2, and 2403, under 16). An organization which disregards this duty is therefore liable to pay damages to the staff member concerned.
Reference(s)
ILOAT Judgment(s): 2403, 3025
Keywords:
duty of care; moral injury;
Judgment 3688
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish her post and to separate her from service.
Consideration 11
Extract:
The delays in the HBA proceedings were unreasonable and were not caused by wrongful procedural conduct on the part of the complainant and there is no indication that the HBA’s workload justified it. The delay before the HBA was mainly caused by the necessity to request information and documents from WHO, which should have been provided early in the process.
The delay entitles the complainant to an award of moral damages for the defendant’s breach of its duties of due diligence and care (see Judgments 2522, under 7, 3160, under 16, and 3188, under 25).
Reference(s)
ILOAT Judgment(s): 2522, 3160, 3188
Keywords:
delay in internal procedure; moral injury;
Consideration 12
Extract:
It was stated in Judgment 3582, consideration 4, for example, that the amount of damages awarded for the injury caused by an unreasonable delay in processing an internal appeal depends on the length of the delay and its consequences. The consequences vary depending on the subject matter of the dispute so that a delay in resolving a matter of limited seriousness in its impact on the appellant will ordinarily be less injurious than a delay in resolving a matter which has a severe impact.
Reference(s)
ILOAT Judgment(s): 3582
Keywords:
damages; delay; moral injury;
Consideration 22
Extract:
There is no reason why the complainant was informed [...], in the presence of others, that her post was to be abolished while she was at a meeting with the Ombudsman to explore her secondment to another department. That action was insensitive and inappropriate. This failure entitles the complainant to an award of moral damages.
Keywords:
moral injury;
Consideration 31
Extract:
WHO’s failure to disclose the relevant documents to the complainant in the internal appeal proceedings breached the adversarial principle or the principle of equality of arms, which constitutes a breach of due process entitling the complainant to moral damages.
Keywords:
damages; disclosure of evidence; due process; moral injury;
Judgment 3677
122nd Session, 2016
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Federation’s decisions to abolish her post and not to renew her fixed-term contract.
Consideration 22
Extract:
In assessing whether moral damages should be awarded for a lengthy delay in disposing of an internal appeal, a number of considerations may be relevant. In some cases it might be sufficient for a complainant only to establish that the internal appeal took a period of time that could reasonably be viewed as too long. In other cases the explanation for the delay will become relevant.
Keywords:
delay; moral injury;
Judgment 3674
122nd Session, 2016
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to confirm his appointment at the end of his probation period.
Consideration 10
Extract:
The fact that the complainant was misled as to his right to avail himself of the internal means of redress has resulted in a delay in the final settlement of this case, whatever its eventual outcome may be. This decision alone caused the complainant injury that will be fairly redressed by ordering OTIF to pay him compensation in the amount of 2,000 Swiss francs.
Keywords:
moral injury;
Judgment 3671
122nd Session, 2016
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges two service orders.
Consideration 5
Extract:
Although the complainant’s claims for the setting aside of these texts have been allowed, as she is acting in her capacity as a staff representative, she is not entitled to moral damages (see Judgments 3258, under 5, and 3522, under 6).
Reference(s)
ILOAT Judgment(s): 3258, 3522
Keywords:
moral injury; staff representative;
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