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Moral damages (692,-666)
You searched for:
Keywords: Moral damages
Total judgments found: 59
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Judgment 4562
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the deductions from their remuneration that were made in respect of their absences for strike participation as well as the lawfulness of the general normative decisions on which those deductions were based.
Judgment keywords
Keywords:
claim moot; complaint dismissed; moral damages; strike;
Judgment 4555
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to pay him the additional installation allowance in respect of his second child following his transfer to The Hague.
Consideration 12
Extract:
The complainant contests the award of 250 euros and claims 1,000 euros in moral damages for the delay instead. However, as he does not explain why the amount that he was awarded was insufficient, his claim will be dismissed.
Keywords:
delay in internal procedure; moral damages;
Judgment 4551
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest modifications made with respect to the use of mass emails within the Office.
Consideration 16
Extract:
Each complainant [...] seeks an award of 20,000 euros in moral damages for the “serious breach” of their rights since 2013. The Tribunal finds that the annulment of the impugned decision is in itself a sufficient remedy for any moral injury the complainants may have conceivably suffered.
Keywords:
moral damages; satisfaction; staff representative;
Judgment 4550
134th 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 and implemented in particular by Circular No. 356.
Consideration 20
Extract:
[A]ccording to the Tribunal’s well-established case law, employees are not entitled, when they file a complaint against an organisation in their capacity as staff representatives, to receive damages in their personal capacity (see, for example, Judgments 3258, consideration 5, 3522, consideration 6, 3671, consideration 5, or 4230, consideration 15).
Reference(s)
ILOAT Judgment(s): 3258, 3522, 3671, 4230
Keywords:
moral damages; staff representative;
Judgment 4541
134th Session, 2022
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to notify her of the outcome of the investigation into her internal complaint of moral harassment, the decision not to send her the full report drawn up following that investigation, and the decision not to inform her of the outcome of her internal complaint.
Consideration 11
Extract:
Although the complainant does not justify the amount of compensation claimed for moral injury, the Tribunal considers that the existence of such injury is apparent from the evidence in the file, the complainant’s ensuing health problems and the fact that she felt compelled to re-direct her career. In the circumstances of the case, Tribunal considers it fair to award the complainant moral damages in the amount of 40,000 euros.
Keywords:
moral damages;
Judgment 4540
134th Session, 2022
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her dismissal as a result of disciplinary proceedings.
Consideration 14
Extract:
At least in the ordinary course, moral damages flow from the moral injury caused by the unlawful conduct of the organisation. They are not intended to compensate for the emotional effect of litigation, which in any event is unproved in this case.
Keywords:
moral damages;
Judgment 4535
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate him from service on 31 October 2018, being the date on which he reached his retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.
Consideration 11
Extract:
Generally, the process of review creates an opportunity for an Administration to reconsider an administrative decision earlier made and the correctness of that decision. It can, in this process, make a decision rectifying or remedying any deficiencies in that earlier decision. That is what happened in the present case. Thus, the failure of the Director-General to initially consider the extension request himself, was remedied by him doing so in the administrative review. An aspect of this is reflected in the Tribunal’s case law, which decides that the mere fact that a decision was initially flawed but was later corrected does not suffice to warrant awarding damages for moral injury (see Judgment 4156, consideration 5).
Reference(s)
ILOAT Judgment(s): 4156
Keywords:
internal procedure; moral damages;
Judgment 4531
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to separate her from service on 31 August 2018, being the date on which she reached her retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of her appointment beyond retirement age.
Consideration 11
Extract:
[T]he failure of the Director-General to initially consider the extension request himself, was remedied by him doing so in the administrative review. An aspect of this is reflected in the Tribunal’s case law, which decides that the mere fact that a decision was initially flawed but was later corrected does not suffice to warrant awarding damages for moral injury (see Judgment 4156, consideration 5).
Reference(s)
ILOAT Judgment(s): 4156
Keywords:
administrative decision; flaw; moral damages;
Judgment 4515
134th Session, 2022
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the conversion of his suspension with pay into a suspension without pay pending an investigation for harassment undertaken against him.
Consideration 12
Extract:
As the complainant has articulated the effects which the decision to convert his suspension with pay into a suspension without pay had on him, and, given the serious hardship that he suffered, which ITU itself acknowledges, he is entitled to moral damages.
Keywords:
moral damages; suspension;
Judgment 4497
134th Session, 2022
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss him for serious misconduct.
Consideration 9
Extract:
Moral damages are sought by the complainant for the mental stress of the entire disciplinary procedure and the negative effects it had on him. But the bringing and the prosecution of the charges in disciplinary proceedings were a product of his own conduct for which EMBL cannot be held liable in damages.
Keywords:
disciplinary procedure; moral damages;
Judgment 4429
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge a statement of the President of the European Patent Office alleging defamation.
Consideration 6
Extract:
Considering that the cases will be sent back to the Organisation for a proper appeal procedure to be followed, the complainants are not entitled to an award of moral damages.
Keywords:
moral damages;
Judgment 4399
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer him from a manager position to a non-managerial post.
Consideration 12
Extract:
The complainant claims that the internal appeal procedure was egregiously delayed. The procedure began with the complainant’s letter dated 8 March 2010 requesting that the transfer be set aside “for formal and procedural flaws, overlooking of material facts or obviously wrong conclusions which have been drawn from evidence on which the decision was based” and that he be reinstated to his previous post. The Office did not file its position paper on the appeal until 12 January 2012, the IAC presented its opinion on 23 April 2013, and the Office failed to provide the complainant with a final decision by the agreed upon extended deadline of 24 July 2013. This constituted unreasonable delay in the internal appeal proceedings. The damage to the complainant which this delay occasioned is obvious considering the simplicity of the appeal and the urgency of the need for a remedy regarding the unwanted transfer. The Tribunal will therefore award moral damages on this ground.
Keywords:
delay in internal procedure; moral damages;
Judgment 4396
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reimburse him the notary fees which he incurred for the certification of his signature on the annual declaration required for recipients of an invalidity allowance.
Consideration 11
Extract:
[A]s the complainant has not articulated the effects of the breach of the applicable rules upon him, he will not be awarded the incidental moral damages which he seeks.
Keywords:
moral damages;
Judgment 4394
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge 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 9
Extract:
The unlawful summary dismissal of [the] appeals by the […] final decisions, endorsing the Appeals Committee’s recommendation, left the complainants in uncertain and stressful circumstances, thereby entitling them to an award of moral damages […].
Keywords:
moral damages;
Judgment 4392
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to withdraw the disciplinary sanction of reprimand and remove it from her personal file.
Consideration 11
Extract:
[The complainant’s] request for moral damages [...] will be rejected as she has failed to articulate by evidence, rather than by conjecture, the impact which the insertion of the reprimand into her personal file had upon her.
Keywords:
moral damages; personal file; reprimand;
Consideration 12
Extract:
[T]he two-year period within which the Appeals Committee provided its opinion after the complainant lodged her internal appeal was not unreasonable in the circumstances of this case. Moreover, she has not articulated the adverse impact which the alleged delay had on her (see, for example, Judgments 4231, consideration 15, and 4147, consideration 13). The Tribunal accordingly rejects the request for compensation for procedural delay.
Reference(s)
ILOAT Judgment(s): 4147, 4231
Keywords:
delay in internal procedure; moral damages;
Judgment 4167
128th Session, 2019
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Director General’s decision to reject her complaint of psychological harassment and seeks compensation for the injury she considers she has suffered.
Considerations 7-8
Extract:
[B]y dismissing the complainant’s allegations of harassment on the grounds that the established facts could not constitute psychological harassment in the absence of intention, the Director General erred in law. It follows that the decision of 15 March 2016 must be set aside. In such a case, the Tribunal should in principle remit the case to the Organisation for a new decision to be taken on the basis of the correct interpretation of the applicable provisions. However, for the same reasons as those already indicated in consideration 5 [of the judgment], the Tribunal will not do so in this case and will instead award the complainant compensation for the injury caused by the decision of 15 March 2016.
Keywords:
harassment; moral damages;
Judgment 2762
105th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 33
Extract:
Seven other staff representatives applied under Article 13, paragraph 1, of the Tribunal’s Rules to intervene in the complaint. Their applications are allowed and the benefit of the present judgment including the award of moral damages shall be extended to them.
Keywords:
intervention; moral damages;
Judgment 2196
94th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
The complaints will be allowed and the impugned decisions will be set aside. Each complainant is entitled to moral damages of 1,000 euros and they shall jointly receive costs in the amount of 1,000 euros. The intervener shall benefit from the nullity of the impugned decisions but is not entitled to any damages or costs.
Keywords:
intervention; moral damages;
Judgment 1331
76th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The Organization has not challenged the right of [...] as another applicant for the post to intervene in the complaint. Her intervention is allowed but since she has failed to show any moral injury she is not awarded any sum under that head.
Keywords:
intervention; moral damages;
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