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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 419

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  • Judgment 4490


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of damages awarded for the unlawful decision not to renew her fixed-term contract as a Principal Director and to reinstate her in a lower-level post instead.

    Consideration 18

    Extract:

    The complainant’s claim to moral damages is not dependent on the complainant proving harassment, as the Appeals Committee believed. It is tolerably clear from the terms of the complainant’s letter of resignation of 29 April 2014 and the contemporaneous medical certificate from her treating physician (the contents of neither, as they related to the effect of events on the complainant, were challenged by the EPO) that the decision to abolish her post and not to renew her Principal Director contract had a serious and negative effect on the complainant’s health and well-being culminating in her resignation.

    Keywords:

    moral injury; non-renewal of contract; resignation;



  • Judgment 4489


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of moral damages paid to her by the EPO for the decision not to finalise her two performance management reports for 2011 and part of 2012.

    Judgment keywords

    Keywords:

    complaint allowed; moral injury; performance evaluation;



  • Judgment 4487


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the fact that the arrears owed to him in respect of his invalidity allowance, related benefits and unused leave following a retroactive modification of the monthly gross salary scales in December 2012 were not paid to him until January 2013.

    Consideration 14

    Extract:

    The complainant challenges the excessive length of the internal appeal and seeks compensation by way of moral damages, stating that neither the complexity of the case, nor the ancillary partiality objection raised during the internal proceedings justified its length. It is well settled in the Tribunal’s 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. The amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations: the length of the delay and the effect of the delay (see Judgment 4229, consideration 5). 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 Judgment 4100, consideration 7). Recent case law holds that an unreasonable delay in an internal appeal is not sufficient to award moral damages. It is also required that the complainant articulate the adverse effects which the delay has caused (see Judgment 4396, consideration 12: “[n]otwithstanding that there was unreasonable delay in the internal appeal process, the moral damages which the complainant seeks under this head will not be awarded, as he has not articulated the effects which the delay has caused”; see also Judgments 4147, consideration 13, 4231, consideration 15, and 4392, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 4100, 4147, 4229, 4231, 4392, 4396

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4482


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the “social democracy” reform introduced by decision CA/D 2/14.

    Consideration 16

    Extract:

    Insofar as the complainant seeks moral damages for the length of the internal appeal, it is by no means obvious that he suffered a moral injury having left the Organisation in 2016, and, in any event, he has not demonstrated that he has.

    Keywords:

    delay in internal procedure; former official; moral injury;



  • Judgment 4480


    133rd Session, 2022
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant her a personal promotion in the 2015 exercise.

    Consideration 19

    Extract:

    The flaws that warrant the setting aside of the impugned decision and the decision of 9 January 2017 denied the complainant her right to an examination of her file in accordance with the applicable provisions. The Tribunal considers that this injury will be fairly redressed by awarding the complainant compensation in the amount of 5,000 Swiss francs.

    Keywords:

    moral injury;



  • Judgment 4476


    133rd Session, 2022
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who claims to be entitled to whistleblower status and requests the protection afforded thereby, challenges the failure to respond to his letter reporting what he considers to be unlawful by particular Court officials.

    Consideration 17

    Extract:

    [T]he Tribunal notes that there is no reason to award the compensation which the complainant seeks in respect of the other information contained in the Court’s reply. Contrary to what the complainant contends, the information in question does not exceed the limits of the freedom enjoyed by the parties when drafting their submissions in a legal dispute.

    Keywords:

    moral injury; reply;



  • Judgment 4471


    133rd Session, 2022
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss his complaint of psychological harassment.

    Consideration 22

    Extract:

    [T]he complainant was denied the right to have his harassment complaint dealt with within a reasonable time, to receive an adequate motivation for its dismissal and to have a copy of the preliminary investigation report concerning that complaint provided in a timely and appropriate manner. This has inevitably caused him considerable moral injury which must be redressed (see, concerning acknowledgement of moral injury in such circumstances, Judgments 4167, consideration 9, 3314, consideration 20, and 2973, consideration 18).

    Reference(s)

    ILOAT Judgment(s): 2973, 3314, 4167

    Keywords:

    harassment; moral injury; procedural flaw;

    Consideration 11

    Extract:

    A delay of more than one year between the lodging by the complainant of his psychological harassment complaint and the notification of the Director General’s decision to close the case does not indicate quick and efficient handling of a harassment case or expeditious action with the minimum of delay consistent with fairness to both parties. The Tribunal’s case law recognises the harm that this may cause to a complainant (see, for example, Judgments 3347, consideration 14, and 4241, consideration 4). In its reply, Eurocontrol explains that it proved difficult to appoint investigators owing to potential conflicts of interest with the complainant; that sick leave unexpectedly delayed the appointment of one of the investigators; and that summer holidays and the need to translate the complainant’s harassment complaint delayed his interview until September 2015. In view of Eurocontrol’s obligation to act expeditiously with the minimum of delay consistent with fairness to both parties, these explanations relating to internal administrative matters are inadequate.

    Reference(s)

    ILOAT Judgment(s): 3347, 4241

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4469


    133rd 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 recover various sums which were allegedly unduly paid to him.

    Consideration 15

    Extract:

    The complainant seeks an award of compensation for the moral injury that the impugned decision allegedly caused him. However, he does not provide any specific evidence of such injury and, having regard to the nature of the impugned decision, which has solely pecuniary effects, the Tribunal finds that the repayment of the deductions from his remuneration is sufficient to compensate him, in this case, for all the injury caused by that decision.

    Keywords:

    moral injury;



  • Judgment 4468


    133rd Session, 2022
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision refusing to submit the alleged increase in her whole person impairment rating to the Medical Board and to reject her claim for compensation based on this alleged increase.

    Consideration 8

    Extract:

    The complainant seeks the payment of moral damages. However, she fails to specify the relevant grounds and the amount. As the Tribunal’s case law requires that moral damages must be proven, this claim shall be dismissed (see, for example, Judgment 4156, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 4156

    Keywords:

    moral injury;



  • Judgment 4457


    133rd Session, 2022
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to summarily dismiss him.

    Consideration 27

    Extract:

    The penalty of summary dismissal also caused the complainant obvious moral injury since it seriously damaged his honour and reputation of itself.

    Keywords:

    moral injury; summary dismissal;

    Consideration 29

    Extract:

    It is settled case law that officials are entitled to have their appeals examined with the necessary speed, in particular in view of the nature of the decision which they wish to contest (see, for example, Judgments 2902, consideration 16, 4063, consideration 14, or 4310, consideration 15).
    In this case, although the complainant had referred the matter to the Appeals Board on 14 April 2017, the Director-General, as has been stated, did not adopt a decision on this appeal until 10 July 2018, almost 15 months later.
    The Tribunal finds that, while it may not appear unreasonable in absolute terms, this delay is excessive in view of the nature of the case, since it concerned a summary dismissal on disciplinary grounds.

    Reference(s)

    ILOAT Judgment(s): 2902, 4063, 4310

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4456


    133rd Session, 2022
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to summarily dismiss her for misconduct.

    Consideration 21

    Extract:

    The complainant is entitled to moral damages for the undoubted trauma and associated distress arising from and associated with her unlawful summary dismissal after 27 years of service at UNWTO and the consequential need for her to relocate to Mexico.

    Keywords:

    moral injury; summary dismissal;



  • Judgment 4454


    133rd Session, 2022
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions to reject his allegations of misconduct on the part of the Secretary-General.

    Consideration 13

    Extract:

    The complainant is entitled to moral damages for the failure of the JAC to perform its role and determine, according to law, the complainant’s appeal with the result that his challenge to the closure of the complaints remains unresolved in its entirety.

    Keywords:

    internal appeals body; moral injury;



  • Judgment 4452


    133rd Session, 2022
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions to suspend him with pay and then without pay during the disciplinary procedure for misconduct as well as the appointment of a colleague to what he describes as his “job and functions”.

    Consideration 16

    Extract:

    The complainant also seeks additional moral damages and exemplary damages. These damages are sought on the basis of “the emotional and financial stress placed on [the complainant] and his family [...] and as [the unlawful decisions] severely injured his professional reputation and dignity”. There is no obvious relationship, nor any proved, between the matters just referred to and the unlawful suspension without pay for approximately two and a half months being the period between the time of the decision to suspend without pay and the time of the decision to dismiss. No moral or exemplary damages are warranted.

    Keywords:

    exemplary damages; moral injury; suspension without pay;



  • Judgment 4447


    133rd Session, 2022
    International Olive Council
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the withdrawal of some of her functions, arguing that such removal amounted to de facto demotion.

    Consideration 15

    Extract:

    [A]s the Tribunal is not satisfied that the complainant has articulated the injury she suffered as a result of the procedural irregularities leading to the setting aside of the decision, no award of compensation for moral damages which she seeks will be made.

    Keywords:

    moral injury; procedural flaw;



  • Judgment 4445


    133rd Session, 2022
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to close the procedure regarding his harassment complaint against his former supervisor.

    Consideration 14

    Extract:

    The Tribunal accepts that the time between 30 August 2013 when the complainant filed his harassment complaint and his receipt of the impugned decision in November 2018 was too long. However, the complainant has not articulated the effect which the delay has had on him (see, for example, Judgment 4147, consideration 13).

    Reference(s)

    ILOAT Judgment(s): 4147

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4444


    133rd Session, 2022
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to dismiss him on disciplinary grounds.

    Consideration 14

    Extract:

    The complainant claims moral damages for extensive delays in the internal appeal process. [The internal process] involved a period of almost three years, which was too long. As the complainant submits that this delay caused him “extreme suffering”, which he has articulated and which the Tribunal accepts, he is entitled to moral damages for which the Tribunal will award him 5,000 euros.

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 4435


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who is a former permanent employee of the European Patent Office, challenges the deductions from his remuneration that were made in respect of his absences for strike participation as well as the lawfulness of the general normative decisions on which those deductions were based.

    Consideration 18

    Extract:

    A further issue raised by the complainant concerns the procedures adopted in the internal appeal proceedings. He argues that when he filed his appeals the governing procedural rules conferred a right to an oral hearing if requested. When the time came for the hearing, the procedural rules, so he argues, had been altered and deprived him of this right and the Appeals Committee acted as if this was so. These circumstances found a claim by the complainant for moral damages. But even if the complainant’s analysis is correct, having regard to the subject matter of the internal appeals and the issues they raised (almost entirely legal), it is difficult to see what prejudice the complainant suffered by being restricted to written submissions. Put slightly differently, a complainant must establish the foundation for the award of moral damages (see Judgments 4231, consideration 15, and 4147, consideration 13). As the complainant has singularly failed to do so in this case, his claim for moral damages on this basis will be dismissed.

    Reference(s)

    ILOAT Judgment(s): 4147, 4231

    Keywords:

    internal procedure; moral injury; oral proceedings;



  • Judgment 4434


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the refusal to organise a strike ballot under the new rules governing the exercise of the right to strike at the European Patent Office.

    Consideration 18

    Extract:

    The complainants are entitled to moral damages for the decision of the President not to hold a ballot for a strike they and others called for in accordance with the provisions of Circular No. 347, which constituted an abuse of power in that the President purported to exercise a power which he did not have. The President’s conduct involved a significant and unilateral derogation of the complainants’ right to strike even as arising under the materially constraining scheme in Circular No. 347 and CA/D 5/13. These moral damages are assessed in the sum of 6,000 euros for each complainant.

    Keywords:

    abuse of power; misuse of authority; moral injury; right to strike; strike;



  • Judgment 4433


    132nd Session, 2021
    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.

    Consideration 14

    Extract:

    [T]he threat [in question] did involve an attempt to intimidate the complainant, aggravated by the adoption by the EPO of an erroneous interpretation of its own normative legal documents. It involved an attempt to stifle, by threat, the exercise of the lawful right to strike. The complainant is, for this, entitled to moral damages assessed in the sum of 4,000 euros.

    Keywords:

    moral injury; right to strike; strike; threat;



  • Judgment 4432


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to accept only part of the recommendations of the Appeals Committee on his appeal against the postponement of a strike ballot by the President of the European Patent Office.

    Consideration 9

    Extract:

    [T]he complainant initially sought and still seeks moral damages. In his brief he seeks 10,000 euros moral damages “for depriving [him] of his fundamental human right to strike and taking away his fundamental right to freedom of association”. But he was not deprived of the right, at least in its entirety. There was only a delay in taking a procedural step which may have led to a strike in which the complainant would have been involved. At best for the complainant, the facts reveal the EPO failed to comply with paragraph 3 of Circular No. 347 notwithstanding that it was bound by the rules it had itself issued until it amended or repealed them (see, for example, Judgments 963, consideration 5, and 3883, consideration 20). Putting it this way is not to suggest that the non-observance was trivial. The Organisation had put in place highly contentious provisions concerning a matter of fundamental importance, namely the right to strike. It could be expected that all elements of those provisions would be followed to the letter unless there was some insuperable reason for not doing so. In this case, there was not. The President acted unilaterally and arbitrarily in breach of the scheme the Organisation had adopted and, in any event, his conduct involved an abuse of power in that he purported to exercise a power which he did not have. The complainant is entitled to moral damages which are assessed in the sum of 6,000 euros.

    Reference(s)

    ILOAT Judgment(s): 963, 3883

    Keywords:

    abuse of power; misuse of authority; moral injury; patere legem; right to strike; strike;

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Last updated: 03.08.2024 ^ top