Moral injury (50,-666)
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Keywords: Moral injury
Total judgments found: 378
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Judgment 3648
122nd Session, 2016
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the validity of a competition process in which she participated and the lawfulness of the ensuing appointment.
Consideration 15
Extract:
Although the complainant’s submissions do not establish material injury, the unlawfulness of the contested decisions did cause her moral injury, for which compensation should be granted in the amount of 3,000 euros.
Keywords:
moral injury;
Judgment 3637
122nd Session, 2016
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed a second application for execution of Judgment 2551.
Consideration 5
Extract:
The ITU’s erroneous legal assessment has resulted in an unacceptable delay in the execution of Judgment 2551 and consequently in the final settlement of the dispute. Having regard to all the circumstances of the case, the Tribunal sees fit to award moral damages to the complainant in the amount of 20,000 Swiss francs.
Reference(s)
ILOAT Judgment(s): 2551
Keywords:
moral injury;
Judgment 3594
121st Session, 2016
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish her post and not to renew her fixed-term appointment.
Consideration 12
Extract:
"[T]he FAO shall pay the complainant moral damages for subjecting her to unequal treatment, thereby causing injury to her dignity and reputation [...]."
Keywords:
moral injury;
Judgment 3584
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his non-selection for a vacant post, alleging personal prejudice, and contests the transfer of the selected candidate to a commensurate post.
Judgment keywords
Keywords:
complaint allowed; loss of opportunity; moral injury; procedural flaw; selection procedure;
Judgment 3582
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term appointment following the abolition of her position.
Consideration 4
Extract:
According to the Tribunal’s case law, 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 (see Judgment 3530, under 5).
Whatever the extent of the delay, its consequences naturally vary depending on the subject matter of the dispute. 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 (see Judgment 3160, under 17).
Reference(s)
ILOAT Judgment(s): 3160, 3530
Keywords:
delay in internal procedure; internal appeal; moral injury;
Judgment 3561
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks a review of Judgment 3141 on the basis that a new fact has allegedly come to light.
Consideration 6
Extract:
"[T]he condition that internal means of redress must be exhausted would in any case not apply in respect of compensation for damage related to the length of proceedings (see, for example, Judgments 2744, under 6, and 3429, under 4)."
Reference(s)
ILOAT Judgment(s): 2744, 3429
Keywords:
direct appeal to tribunal; internal remedies exhausted; moral injury;
Judgment 3531
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.
Judgment keywords
Keywords:
complaint allowed; internal appeal; moral injury; procedure before the tribunal;
Judgment 3530
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the EPO’s refusal to award them moral damages on account of the length of the internal appeal proceedings.
Judgment keywords
Keywords:
complaint allowed; internal appeal; joinder; moral injury; procedure before the tribunal;
Judgment 3528
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.
Judgment keywords
Keywords:
complaint allowed; internal appeal; moral injury; procedure before the tribunal;
Judgment 3527
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.
Judgment keywords
Keywords:
complaint allowed; internal appeal; moral injury; procedure before the tribunal;
Judgment 3509
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s refusal to send his mail to an address, which is not the declared residence address in his last retirement questionnaire.
Consideration 6
Extract:
"The unjustified delay of over three years between the filing of the appeal and the submission of the EPO’s position constitutes in itself an egregious delay which merits an award of damages. Taking into consideration both the excessive length of the delay and the fact that it is not apparent that this delay had a significant adverse impact on the complainant, the Tribunal sees fit to award moral damages in the amount of 800 euros (see Judgment 3160, under 17)."
Reference(s)
ILOAT Judgment(s): 3160
Keywords:
damages; moral injury;
Judgment 3508
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s alleged failure to take an express decision on his claim for the reimbursement of the travel expenses that he incurred in respect of his children upon leaving the service of the EPO.
Considerations 6-7
Extract:
"With respect to the claim for moral damages for delay, this claim is not irreceivable because it was not raised in the internal appeal, as the EPO argues. It is in fact a claim by which the complainant seeks a remedy for inordinate or unreasonable delay in the internal appeal process itself, for which the Tribunal has in many instances awarded moral damages. [...]
Taking into consideration the excessive length of the delay in the internal appeal process and the fact that it is not apparent that this delay had a significant adverse impact on the complainant, the Tribunal sees fit to award moral damages in the amount of 800 euros (see Judgment 3160, under 17)."
Reference(s)
ILOAT Judgment(s): 3160
Keywords:
moral injury;
Judgment 3502
120th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Director General's decision to partially adopt the Appeal Board's recommendations on his appeal against his temporary suspension.
Consideration 20
Extract:
"As the Tribunal finds the suspension decision was lawful, any humiliation stemming from the suspension is not, in this case, compensable by way of an award of moral damages, given that the humiliation he suffered was a necessary and direct consequence of the suspension itself."
Keywords:
moral injury;
Judgment 3490
120th Session, 2015
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to grant her request for retroactive reclassification of her former post.
Consideration 33
Extract:
"The complainant is […] entitled to moral damages for the IAEA’s breach of its duty to disclose at a minimum, the key document on which the decision was based."
Keywords:
delay; disclosure of evidence; moral injury;
Judgment 3489
120th Session, 2015
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision that his 2010 Performance Review Report shall be redone from the beginning and that a decision regarding an amendment to his contract extension from three to five years will be contingent on the outcome of the new Report.
Consideration 9
Extract:
"[T]he Tribunal held in Judgment 3080, under 25, that the provision of Article VII, paragraph 1, of the Tribunal’s Statute, which requires all internal means of redress to be exhausted, does not apply to a claim for compensation for moral injury. The Tribunal restates that moral damages constitute a claim for consequential relief which the Tribunal has the power to grant in all circumstances."
Reference(s)
ILOAT Judgment(s): 3080
Keywords:
internal remedies exhausted; moral injury;
Judgment 3485
120th Session, 2015
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss his harassment complaint for lack of evidence.
Consideration 16
Extract:
"It is not controverted that some of [the complainant's]complaints went unanswered. This shows that there was a degree of indifference regarding his express concerns. This was not only another aspect of harassment but also a breach of the ICC’s duty of care towards the complainant which, in addition to the breach of due process, entitles him to moral damages [...]."
Keywords:
duty of care; harassment; moral injury;
Judgment 3449
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal cancelled the disputed competitions because the ILO rendered the recruitments unlawful.
Consideration 10
Extract:
"The complainant seeks redress for the injury he has suffered without, however, explaining the nature of that injury. Since [...] his personal interests are not at stake in these cases, this claim will be dismissed."
Keywords:
moral injury; staff representative;
Judgment 3439
119th Session, 2015
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the decision to terminate his appointment after the abolition of his post, as the Tribunal found that, due to the Organisation's failings, he had lost a valuable opportunity to be reassigned to another post.
Consideration 13
Extract:
"[T]he complainant is entitled to moral damages for the failings in the reassignment process. Reinstatement is impracticable and inappropriate. The complainant lost the full benefit of the opportunity created by the Rules to be reassigned to another post within WHO. That is a valuable opportunity. That said, there can be no certainty or even likelihood that he would have been reassigned."
Keywords:
moral injury;
Judgment 3429
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint but awarded damages to the complainant because of the delay in the appeals procedure.
Judgment keywords
Keywords:
administrative delay; complaint allowed; intervention; moral injury; removal expenses;
Judgment 3422
119th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the Global Fund breached its duty of care towards the complainant and that his separation entitlements were not sufficient.
Consideration 13
Extract:
It is not in dispute that the Global Fund erred in announcing that Mr B. would temporarily occupy the newly created position of Unit Director, Africa and the Middle East [to which the complainant had applied] at a public meeting before informing the complainant personally. While the complainant received an apology both orally and in writing, it cannot be doubted that this breach of the duty of care had a negative effect on the complainant for which he is entitled to moral damages.
Keywords:
duty of care; moral injury;
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