Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 402

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• 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;
  

  
  
  

• Judgment 3939

  
  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 extend his appointment beyond the statutory retirement age.

  Consideration 12

  Extract:

  The complainant [complains] that [...] the Organization took more than three months to reply to his request for an extension of his appointment. [...]
  It is true that the Organization was nevertheless bound to reply to this request within a reasonable period of time. However, while it would have been preferable in this case that a decision was taken sooner, UNESCO cannot be deemed to have disregarded this requirement, as the decision containing the reply was taken one month before the complainant reached the statutory retirement age and he does not contend that it was adopted too late for him to make adequate arrangements for his private life after he had attained the normal retirement age.

  Keywords:

  age limit; extension beyond retirement age; moral injury; reasonable time;
  

  
  
  

• Judgment 3935

  
  125th Session, 2018
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant accuses his former supervisor of moral harassment.

  Consideration 16

  Extract:

  [T]he complainant’s contention that in this case UNESCO breached the time limits prescribed in the provisions governing the appeals procedure is well founded. [...]
  It is true that, as UNESCO rightly points out, the failure to observe the aforementioned provisions of the Statutes of the Appeals Board did not seriously infringe the complainant’s rights, and the delays, some of which are attributable to the complainant, can partly be explained by the unusual complexity of the case. It should also be borne in mind that the Director-General’s final decision was preceded by discussions with the complainant aimed at reaching a settlement, which obviously delayed its adoption.
  Nevertheless, the Organization was obliged, in accordance with the principle tu patere legem quam ipse fecisti, to adhere more strictly to the procedural time limits laid down in the Statutes of the Appeals Board. Its failure to do so caused the complainant moral injury, for which he legitimately claims redress (see, for similar cases, Judgments 3579, under 4, and 3688, under 11).

  Reference(s)

  ILOAT Judgment(s): 3579, 3688
  

  Keywords:

  delay in internal procedure; moral injury; organisation's duties; patere legem; time limit;
  

  Considerations 8-10

  Extract:

  [L]ike the Appeals Board, the Tribunal considers that by the time the impugned decision was taken, it was no longer possible to conduct such an investigation, not only because both the complainant and 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. [...]
  This situation means that it is not possible, in the instant 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. [...]
  Nevertheless, the fact that it is impossible for the complainant to have his internal complaints examined constitutes a serious violation of his right to effective means of redress, in particular as far as his harassment complaint is concerned. It has caused him considerable moral injury which, in the Tribunal’s view, justifies a higher amount of damages than that already awarded by UNESCO in the impugned decision.

  Keywords:

  harassment; inquiry; investigation; moral injury;
  

  
  
  

• Judgment 3929

  
  125th Session, 2018
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decisions to abolish her post and to terminate her appointment while she was on sick leave.

  Consideration 15

  Extract:

  In light of the above considerations, the decision to abolish the complainant’s post was unlawful and must be set aside. The consequent termination of appointment, based on the unlawful abolition of her post, must also be set aside. Considering the difficulties raised by the time elapsed and the subsequent restructuring of the UPU, the Tribunal shall not order reinstatement. Having regard especially to the complainant’s age, qualifications, experience, and the length of time spent in the UPU’s service, it is reasonable to award her material damages for the loss of opportunity to continue working with the UPU until her retirement age in an amount equal to 30 months’ gross salary with reference to her last month’s gross salary. The UPU must also pay the complainant the equivalent of the employer’s contribution that would have been due to the Provident Fund during those 30 months.
  The complainant is also entitled to an award of moral damages, including for the failure to properly assess her illness, which the Tribunal will set at 30,000 Swiss francs.

  Keywords:

  material damages; moral injury; permanent appointment; reinstatement;
  

  
  
  

• Judgment 3925

  
  125th Session, 2018
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the rejection of his application for payment of language training fees.

  Consideration 9

  Extract:

  The complainant [...] complains of the slow handling of his internal complaint. The Tribunal observes that whereas Article 92(2) of the Staff Regulations governing officials of the Eurocontrol Agency specifies a time limit of four months for the Director General to notify the person concerned of his reasoned decision, in this case such a decision was taken only after nine months. Although that length of time is not unreasonable in absolute terms, it nevertheless constitutes a breach by Eurocontrol of its own rules, which caused the complainant moral injury that likewise warrants redress.

  Keywords:

  delay in internal procedure; moral injury; patere legem;
  

  
  
  

• Judgment 3918

  
  125th Session, 2018
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.

  Consideration 6

  Extract:

  [H]aving established a procedural rule about the time the reassignment process should take, WHO was bound to comply with it (see, for example, Judgment 2170, consideration 14), whatever, in practical terms, might be thought to have been positive elements accruing to the complainant. There is no reason to doubt that the length of time taken did cause additional stress and anxiety to the complainant. For this, the complainant is entitled to moral damages assessed in the sum of 15,000 United States dollars.

  Reference(s)

  ILOAT Judgment(s): 2170
  

  Keywords:

  moral injury; patere legem; reassignment; time limit;
  

  
  
  

• Judgment 3916

  
  125th Session, 2018
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to terminate his fixed-term appointment pursuant to the abolition of his post.

  Consideration 5

  Extract:

  Staff Rule 1050.6 states that “[t]he reassignment period will end within six months from its commencement”. In this case, the complainant was notified of the abolition of his post on 17 January 2012 and the decision stating that the reassignment process had been unsuccessful was issued on 30 August 2012, seven and a half months later. Thus, the Organization implicitly extended the reassignment period. It cannot reasonably contend that this period ended on 18 July 2012, given that the complainant was not informed of the termination of his appointment until 30 August 2012. The Tribunal therefore considers that WHO failed to observe the time limit for the complainant’s reassignment pursuant to the Staff Rules and thus violated the principle of tu patere legem quam ipse fecisti (see, for example, Judgment 2170, under 14). The complainant is therefore entitled to compensation for moral injury.

  Reference(s)

  ILOAT Judgment(s): 2170
  

  Keywords:

  moral injury; patere legem; reassignment; time limit;
  

  
  
  

• Judgment 3886

  
  124th Session, 2017
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision to reject his request for a job grading review.

  Consideration 6

  Extract:

  The complainant claims that the proceedings before the IRG took four years, which constitutes an inordinate delay. The ILO submits that the delay is reasonable as the complainant’s request was clearly irreceivable and did not cause him any prejudice. The Tribunal notes that paragraph 19 of Circular No. 639 [...] provides that appeals shall normally be processed within three months. As the complainant’s request was not complicated and the Organization has not provided any real justification for the delay, the complainant is entitled to an award of moral damages. Considering the obvious irreceivability of the original request, the Tribunal sets the award at 2,500 Swiss francs.

  Keywords:

  delay; moral injury;
  

  
  
  

• Judgment 3884

  
  124th Session, 2017
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision not to extend her appointment beyond the mandatory retirement age.

  Consideration 23

  Extract:

  The unlawfulness of the impugned decision has, in itself, caused the complainant moral injury, for which compensation must also be paid.

  Keywords:

  moral injury;
  

  
  
  

• Judgment 3881

  
  124th Session, 2017
  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 sick leave after his dismissal for misconduct.

  Consideration 9

  Extract:

  [T]he complainant’s confidentiality was breached when, without his consent, the certificate [...], which mentioned the nature of his incapacity, was disclosed to the Appeals Committee with the FAO’s reply in the internal appeal proceedings. The information it contained was then specifically repeated in the Appeals Committee’s report to the Director-General. As a result, the Tribunal finds that the FAO breached the complainant’s right to privacy when confidential medical information concerning the nature of his incapacity was passed to third parties. This aspect of the complaint is therefore well founded and the complainant will be awarded [...] moral damages in the circumstances.

  Keywords:

  confidential evidence; medical certificate; moral injury; right to privacy;
  

  
  
  

• Judgment 3871

  
  124th Session, 2017
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges WHO’s refusal to reinstate him after the decision to dismiss him was set aside.

  Consideration 18

  Extract:

  Consistent precedent has it that the rule laid down in Article VII, paragraph 1, of the Statute of the Tribunal that internal means of redress must first be exhausted does not apply to a claim for compensation for moral injury, which constitutes a claim for consequential relief which the Tribunal has the power to grant in all circumstances (see Judgment 2609, under 10, or Judgment 3080, under 25).

  Reference(s)

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

  Keywords:

  internal remedies exhausted; moral injury;
  

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