Moral injury (50,-666)
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Keywords: Moral injury
Total judgments found: 402
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Judgment 4655
136th Session, 2023
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decisions rejecting their requests for redefinition of their employment relationships.
Consideration 21
Extract:
[I]t should be recalled that international civil servants are entitled to expect that their cases will be considered by internal appeal bodies within a reasonable timeframe and that failure to comply with this requirement of expeditious proceedings constitutes a failing on the part of the employer organisation (see, for example, Judgment 3510, consideration 24, or Judgment 2116, consideration 11). Under the Tribunal’s case law, the amount of compensation that may be granted under this head ordinarily depends on two essential considerations, namely the length of the delay and the effect of the delay on the employee concerned (see, for example, Judgments 4635, consideration 8, 4178, consideration 15, 4100, consideration 7, or 3160, consideration 17).
Reference(s)
ILOAT Judgment(s): 2116, 3160, 3510, 4100, 4178, 4635
Keywords:
delay in internal procedure; moral injury; time limit;
Judgment 4643
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his contract during the probationary period and seeks adequate compensation for the injury he alleges he suffered.
Consideration 11
Extract:
According to the case law of the Tribunal, in relation to damages and in particular to moral damages, the complainant bears the burden of proof (see Judgment 4156, consideration 5).
Reference(s)
ILOAT Judgment(s): 4156
Keywords:
burden of proof; moral injury;
Judgment 4642
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that the EPO failed to keep records of his administrative status.
Consideration 9
Extract:
Much of the argument of the complainant in his pleas concerning moral damages appears to proceed on the premise that if there was a legal error attending a decision, or delay in the making of a decision, or delay in the finalisation of an appeal or proceedings in the Tribunal, then, without more, an entitlement to moral damages arises. As noted in another judgment adopted at this session (Judgment 4644, consideration 7), this premise is incorrect. Moral damages are awarded for moral injury and the complainant bears the burden of proving that injury and the causal link with the unlawful conduct of the defendant organisation (see, for example, Judgments 4157, consideration 7, 4156, consideration 5, 3778, consideration 4, and 2471, consideration 5). Delay, of itself, does not entitle a complainant to moral damages (see, for example, Judgments 4487, consideration 14, 4396, consideration 12, 4231, consideration 15, and 4147, consideration 13). Without attempting to describe, exhaustively, what might constitute moral injury, it includes emotional distress, anxiety, stress, anguish and hardship (see, for example, Judgments 4519, consideration 14, 4156, consideration 6, and 3138, considerations 8 and 14). There is no persuasive evidence of moral injury to the complainant in respect of any of the events for which he seeks moral damages caused by the conduct of the EPO, even if unlawful. Accordingly, his complaint should, insofar as the complainant seeks moral damages, be dismissed.
Reference(s)
ILOAT Judgment(s): 2471, 3138, 3778, 4147, 4156, 4157, 4231, 4396, 4487, 4519, 4644
Keywords:
delay in internal procedure; moral damages; moral injury;
Judgment 4640
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a series of management acts regarding his administrative status.
Consideration 12
Extract:
On the question of delay and remedy, the Vice-President of DG4 arguably was obliged to explain why he favoured the approach of the minority and did not favour the approach of the majority (see Judgments 4427, consideration 9, and 3161, consideration 7) and did not do so adequately. However, it is unnecessary to determine this conclusively because the complainant has failed to establish moral injury occasioned by the delay which would justify an amount exceeding the amount actually awarded.
Reference(s)
ILOAT Judgment(s): 3161, 4427
Keywords:
moral injury; motivation;
Judgment 4637
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his staff report for 2014.
Consideration 19
Extract:
[T]he complainant’s claim for compensation for the serious moral injury he allegedly suffered will not be granted. The Tribunal recalls that, 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 adversely affecting her or him, and of the causal link between the unlawful act and the injury (for example, Judgments 4158, consideration 7, 4157, consideration 9, and 4156, considerations 5 and 6). In no event has evidence been provided of an unlawful act in the present case.
Reference(s)
ILOAT Judgment(s): 4156, 4157, 4158
Keywords:
injury; moral injury;
Judgment 4635
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject his internal appeal in which he requested that an expert in occupational diseases be consulted.
Consideration 7
Extract:
To support his claim for moral damages, the complainant refers to the anxiety, insecurity and stress that were caused to him by the intention, which he believes he can attribute to the EPO, of “manipulating the proceedings” and deploying “delaying tactics” with the aim of causing detriment to him. However, the Tribunal observes that the complainant’s submissions show that the actions giving rise to these accusations are essentially decisions taken by the Organisation’s services in the normal course of a procedure for recognising whether invalidity is attributable to an occupational disease, and it is the complainant’s misconstruction [...] of Article 90(3) of the Service Regulations that is likely to have led him to perceive these actions as manipulative or tactical.
Keywords:
moral injury;
Consideration 8
Extract:
[I]n respect of the claim for compensation owing to the undue length of the internal appeal procedure, which by contrast must be considered in this judgment, the Tribunal recalls that, under its case law, the amount of compensation liable to be granted under this head ordinarily depends on two essential considerations, namely the length of the delay and the effect of the delay on the employee concerned (see, for example, Judgments 4178, consideration 15, 4100, consideration 7, or 3160, consideration 17).
In this case, the period of around seven years and nine months between the submission of the internal appeal on 15 April 2011 and the decision on it of 18 January 2019 is, in itself, clearly excessive. However, the Tribunal observes that the injury caused to the complainant by that delay was substantially diminished by the circumstance [...] that his appeal had become moot by November 2015 at the latest. Moreover, the fact that the appeal was directed, as has been stated, against an act which did not in itself adversely affect the complainant also puts into perspective the injury caused by the delay in considering that appeal (see inter alia on this point Judgment 4493, consideration 9). In the particular circumstances of the case, the Tribunal therefore considers that the compensation in the amount of 350 euros that the complainant has already received pursuant to the impugned decision suffices to redress the injury thus caused.
Reference(s)
ILOAT Judgment(s): 3160, 4100, 4178, 4493
Keywords:
delay in internal procedure; moral injury;
Judgment 4631
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to treat his participation in a strike as an unauthorised absence and the decision to issue him a reprimand for subsequent unauthorised absences on days when he was likewise participating in strikes.
Judgment keywords
Keywords:
complaint dismissed; moral injury; strike;
Consideration 2
Extract:
Much of the argument of the complainant in his pleas appears to proceed on the premise that if there was a legal error attending a decision, or delay in the making of a decision, or delay in the finalisation of an appeal or proceedings in the Tribunal, then, without more, an entitlement to moral damages arises. As noted in another judgment given this session (Judgment 4644, under 7), this premise is incorrect. Moral damages are awarded for moral injury and the complainant bears the burden of proving that injury and the causal link with the unlawful conduct of the defendant organisation (see, for example, Judgments 4157, consideration 7, 4156, consideration 5, 3778, consideration 4, and 2471, consideration 5). Delay, of itself, does not entitle a complainant to moral damages (see, for example, Judgments 4487, consideration 14, 4396, consideration 12, 4231, consideration 15, and 4147, consideration 13). Without attempting to describe, exhaustively, what might constitute moral injury, it includes emotional distress, anxiety, stress, anguish and hardship (see, for example, Judgments 4519, consideration 14, 4156, consideration 6, and 3138, considerations 8 and 14). There is no persuasive evidence of moral injury to the complainant (beyond the moral injury for a threat of the same character as compensated in Judgment 4433 and for which compensation has already been paid to the complainant) in respect of any of the events for which he seeks moral damages caused by the conduct of the EPO, even if unlawful. Specifically, the complainant’s claim for moral damages because of the apparently hypocritical nature (as he alleges) of the EPO’s additional submissions in these proceedings is plainly untenable. Accordingly, his complaints should, insofar as the complainant seeks moral damages, be dismissed.
Reference(s)
ILOAT Judgment(s): 2471, 3138, 3778, 4147, 4156, 4157, 4231, 4396, 4433, 4487, 4519, 4644
Keywords:
delay; moral damages; moral injury;
Judgment 4626
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rules introduced with effect from 1 July 2013 governing the exercise of the right to strike at the European Patent Office.
Judgment keywords
Keywords:
complaint dismissed; moral injury; strike;
Consideration 4
Extract:
Much of the argument of the complainant in his pleas concerning moral damages appears to proceed on the premise that if there was a legal error attending a decision, or delay in the making of a decision, or delay in the finalisation of an appeal or proceedings in the Tribunal, then, without more, an entitlement to moral damages arises. As noted in another judgment given this session (Judgment 4644, under 7), this premise is incorrect. Moral damages are awarded for moral injury and the complainant bears the burden of proving that injury and the causal link with the unlawful conduct of the defendant organisation (see, for example, Judgments 4157, consideration 7, 4156, consideration 5, 3778, consideration 4, and 2471, consideration 5). Delay, of itself, does not entitle a complainant to moral damages (see, for example, Judgments 4487, consideration 14, 4396, consideration 12, 4231, consideration 15, and 4147, consideration 13). Without attempting to describe, exhaustively, what might constitute moral injury, it includes emotional distress, anxiety, stress, anguish and hardship (see, for example, Judgments 4519, consideration 14, 4156, consideration 6, and 3138, considerations 8 and 14). There is no persuasive evidence of moral injury to the complainant (beyond the moral injury for the injurious impact of Circular No. 347 on his right to strike of the same character as compensated in Judgment 4430 and for which compensation has already been paid to the complainant) in respect of any of the events for which he seeks moral damages caused by the conduct of the EPO, even if unlawful. Accordingly, his complaint should, insofar as the complainant seeks moral damages for himself, be dismissed.
Reference(s)
ILOAT Judgment(s): 3138, 3778, 4147, 4156, 4157, 4231, 4396, 4487, 4519, 4644
Keywords:
delay; moral damages; moral injury;
Judgment 4622
135th Session, 2023
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment for reasons of health.
Consideration 18
Extract:
The unlawful termination of the complainant’s appointment also caused her significant moral injury owing to its intrinsic nature, serious consequences and the breach of her rights that accompanied its adoption. That injury also warrants redress. As the complainant correctly states, the injury was further exacerbated by the length of the administrative procedures, which lasted more than five years from the instigation of the first attempt to terminate her appointment in January 2013 until the adoption of the decision of 9 May 2018, even without taking into account the subsequent internal appeal procedure. The slowness of the procedures, which their complexity, referred to by the Organization, is not sufficient to fully justify, had the effect of unduly placing the complainant in a situation of prolonged, inherently stressful uncertainty regarding the future of her employment with the Organization. In the circumstances of the case, the Tribunal considers that the moral injury will be fairly and entirely redressed by awarding the complainant damages in the amount of 30,000 Swiss francs under this head.
Keywords:
delay; moral injury;
Judgment 4619
135th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to place her on a roster.
Consideration 10
Extract:
[T]he Tribunal considers that it is unnecessary to pay the complainant, as she requests, further compensation on account of the Organization’s alleged abusive and harassing tone in the proceedings before the Tribunal.
Keywords:
moral injury; procedure before the tribunal;
Judgment 4618
135th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the outcome of two selection procedures in which she took part.
Consideration 10
Extract:
[T]he Tribunal considers that it is unnecessary to pay the complainant, as she requests, further compensation on account of the Organization’s allegedly unreasonable and harassing tone in the proceedings before the Tribunal.
Keywords:
moral injury; procedure before the tribunal;
Consideration 9
Extract:
Whatever the eventual outcome of this dispute, the unlawful refusal to submit the complainant’s appeal to the Joint Appeals Committee has had the effect of delaying its final settlement. That decision has, in itself, caused the complainant injury that will be fairly redressed by ordering Interpol to pay her compensation [...].
Keywords:
injury; moral injury;
Judgment 4609
135th Session, 2023
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the new decision taken by UNESCO pursuant to Judgment 3936 in the context of her appeal against the decision to transfer her to Paris.
Consideration 16
Extract:
[T]he complainant is right in contending that the unlawfulness of the impugned decision caused her moral injury. The lack of advance information provided to the complainant about the content of the new duties she was to assume and the unduly short period of time she was given to take up her new post in Paris were such as to cause her stress and anxiety and adversely affected her rights and her dignity, which is characteristic of that form of injury.
Keywords:
duty to inform; moral injury; notification; post description; time limit; transfer;
Judgment 4592
135th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the calculation of the amounts transferred into the Eurocontrol scheme in respect of his previously-acquired pension rights and seeks compensation for the injury he considers he has suffered as a result of alleged negligence on the part of the Organisation.
Consideration 19
Extract:
Whatever the outcome of the present dispute, the effect of the failure to examine the complainant’s internal complaints was to delay its final settlement. That failure has in itself caused the complainant moral injury which will be fairly redressed by ordering Eurocontrol to pay him compensation of 10,000 euros.
Keywords:
moral damages; moral injury;
Judgment 4591
135th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the reduction in the amount of his functional allowance calculated in proportion to the reduction in his working hours.
Consideration 7
Extract:
The Tribunal considers [...] that the complainant has failed to establish, particularly in view of the small amount of money at stake compared with the amount of his remuneration, that the time taken to issue a decision on his internal complaint caused him any moral damage (see, to the same effect, Judgments 4487, consideration 14, and 4469, consideration 16).
Reference(s)
ILOAT Judgment(s): 4469, 4487
Keywords:
delay; moral injury;
Judgment 4586
135th Session, 2023
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to convert his suspension with pay into a suspension without pay pending an investigation for misconduct against him, as well as the overall length of his suspension.
Consideration 16
Extract:
By prolonging the suspension without pay unlawfully, the Organization caused the complainant moral injury. This must be redressed by way of moral damages as the complainant has articulated the effects which the decision to convert his suspension with pay into a suspension without pay and the length of such suspension had on him.
Keywords:
moral damages; moral injury;
Judgment 4559
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the refusal to grant him retroactively two days of annual leave as compensation for two days worked during that leave.
Consideration 13
Extract:
[A]s regards moral damages for the undue length of the internal appeal procedure, the Tribunal notes that the complainant has already received an award of 200 euros under this head, pursuant to the impugned decision. The complainant does not establish convincingly in his submissions that he suffered injury warranting a greater amount in redress. This claim will therefore be dismissed.
Keywords:
delay in internal procedure; moral injury;
Judgment 4556
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant asks to be provided with a copy of his old medical file.
Consideration 12
Extract:
The Tribunal’s case law states in respect of damages that the complainant bears the burden of proof and she or he must provide evidence, in particular, of the causal link between the unlawful act and the alleged injury (for example, Judgment 4156, consideration 5). On this point, in his submissions the complainant alleges affronts to his dignity, integrity and honour, damage to his health, and a lost opportunity to receive better therapy and rehabilitation and improve his relationship with his supervisors owing to the fact that it was physically impossible for the Organisation to provide him with a medical file that it did not possess. However, this injury has not been established, nor has the necessary causal link between the alleged unlawful act and the damages claimed. In these circumstances, it was open to the IAC, in its opinion that was endorsed by the President in his final decision, to take into account only the one element of moral injury it had identified. In the Tribunal’s opinion, the compensation of 5,000 euros that the IAC recommended and that the Organisation recognised was due to the complainant constitutes fair redress for that moral injury. The complainant’s request for an increase in that amount is unfounded.
Reference(s)
ILOAT Judgment(s): 4156
Keywords:
medical records; moral injury;
Judgment 4554
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision deriving from the Administrative Council’s decision CA/D 2/15 to require the recipients of the new retirement pension for health reasons to cease performing gainful activities or employment or to refrain from performing such activities or employment.
Consideration 6
Extract:
[T]he Tribunal considers that, by unlawfully rejecting his appeal following a summary procedure for lack of a cause of action, the impugned decision placed the complainant in an uncertain and stressful situation. This resulted in moral injury [...].
Keywords:
moral injury;
Judgment 4519
134th Session, 2022
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to suspend her without pay.
Consideration 14
Extract:
The Tribunal observes that the conversion of the initial suspension with pay – which, in the light of the evidence, was in itself entirely legitimate – into a suspension without pay did not have the effect of significantly exacerbating the damage already inevitably done to the complainant’s professional reputation, since, when a member of staff is suspended, that damage arises primarily from the very fact that she or he is removed from duty. However, the sudden and prolonged loss of all pay resulting from that measure was bound to cause the complainant severe anxiety and hardship. Moreover, the unreasonable length of the suspension, considered as a whole, had the effect of keeping the complainant in a protracted state of uncertainty about her professional future, which was especially difficult since she was responsible for a child.
Keywords:
moral injury; suspension without pay;
Judgment 4514
134th Session, 2022
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges Eurocontrol’s decision to put an end, with retroactive effect, to the top-up sickness insurance cover received by his wife and, consequently, to recover the sums unduly paid by Eurocontrol under that cover.
Consideration 14
Extract:
Regarding moral damages, the Tribunal considers that the cancellation of the recovery of the sum in question is sufficient, in the present case, to compensate the complainant for all the injury he suffered.
Keywords:
moral injury; recovery of overpayment;
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