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Professional injury (51,-666)
You searched for:
Keywords: Professional injury
Total judgments found: 28
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Judgment 3250
116th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant was recognized as a victim of institutional harassment.
Consideration 10
Extract:
"While the conduct of management which is necessary and reasonable would not constitute harassment, the present case demonstrates how continued mismanagement showing gross negligence on the part of the Organization cannot justify any longer the “managerial need” for the repeated temporary transfers of the complainant which had an ill effect on her. Taken individually, the isolated incidents [...] can perhaps be considered as improper but managerially justified, but taken as a whole the effect is much more damaging to the complainant and can no longer be excused by administrative necessity."
Keywords:
harassment; injury; institutional harassment; negligence; organisation's duties; professional injury; transfer; working conditions;
Consideration 9
Extract:
"The Tribunal notes that intent is not a necessary element of harassment and, in this case, it is not a single episode which creates the problem, but instead it is the accumulation of repeated events which deeply and adversely affected the complainant’s dignity and career objectives. As such, the JAAB’s finding that “the long series of examples of mismanagement and omissions by the Office […] compromised [the complainant’s] dignity and career” is well founded and the Tribunal is of the opinion that this administrative wrongdoing can be defined as institutional harassment."
Keywords:
advisory opinion; harassment; injury; institutional harassment; organisation's duties; professional injury; respect for dignity;
Judgment 3198
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the withdrawal from his personal file of the warnings concerning his productivity.
Consideration 25
Extract:
"According to the case law of the Tribunal, no damages will be ordered where a decision does not hamper a career and the matter which was complained of has been withdrawn (see Judgment 1380, under 11)."
Reference(s)
ILOAT Judgment(s): 1380
Keywords:
decision; evidence; lack of evidence; lack of injury; material damages; moral injury; no cause of action; professional injury; withdrawal of decision;
Judgment 3055
112th Session, 2012
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"[A]s a general rule, an organisation should refrain from passing on damaging information about a staff member. If the recipient of that information has a legitimate interest in knowing the truth [...] it should refrain from passing on damaging information without first giving the staff member an opportunity to challenge it and give his or her own account."
Keywords:
communication to third party; duty of care; duty of discretion; injury; organisation's duties; professional injury; rebuttal; right to reply; staff member's interest;
Judgment 3035
111th Session, 2011
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The complainant was suspended from duty on 4 September 2008.
"The Tribunal finds that, in maintaining the complainant's suspension by his decision of 6 July 2009, the Director General extended the duration of this suspension beyond the reasonable limit accepted by the case law and thus caused the complainant moral and professional injury."
Keywords:
breach; case law; cause; date; executive head; extension of contract; injury; moral injury; professional injury; reasonable time; suspension;
Judgment 2982
110th Session, 2011
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"[The complainant] was replaced virtually immediately even though his contract had somewhat less than two months to run [...] and he had earlier been told that he was to be provided with assistance for the project; he was given no warning of the decision; he was not heard on the question and adequate reasons were not provided. Replacing the complainant in these circumstances constituted '[a]ctions [...] directed at actively damaging [his] personal and/or professional reputation' and, thus, falls within the definition of 'harassment' in General Bulletin No. 1312 of 26 March 2002."
Reference(s)
Organization rules reference: IOM General Bulletin No. 1312 of 26 March 2002
Keywords:
decision; duty to inform; duty to substantiate decision; harassment; moral injury; organisation's duties; professional injury; reassignment; warning;
Judgment 1386
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
The Tribunal "accepts that the premature dismissal caused him moral injury in relation not only to his family and private life but also to his career prospects. Those prospects suffered from the EPO's having gravely compromised his chances of finding other employment by putting in the documents concerning his dismissal, and in breach of his rights of defence, criticism which could not under the circumstances be reviewed. The complainant shall accordingly receive, over and above the redress which the present judgment in itself affords him, damages".
Keywords:
career; compensation; judgment of the tribunal; moral injury; professional injury; right to reply; termination of employment;
Judgment 1384
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
The complainant was charged with removing computer equipment from the work place but no evidence of theft was ever produced. "The decision not to renew his contract, based as it was on a finding of theft, must have seriously harmed his moral and social standing and his prospects of finding other employment."
Keywords:
contract; fixed-term; misconduct; moral injury; non-renewal of contract; professional injury;
Consideration 18
Extract:
The complainant was accused of stealing computer equipment but no formal proof of this was ever given. The organization decided not to renew his fixed-term appointment on grounds of theft. The Tribunal holds that the complainant "must be put in the same position as if his contract had never terminated and be reinstated as from the date of termination up to the date of this judgment. Since his performance was good he should be granted any within-grade salary increases he would ordinarily have been entitled to. Although any indemnities or earnings from employment after termination may be deducted from the amounts due, he is entitled to the payment of interest on all arrears of pay at the rate of 8 per cent a year from the dates at which each component sum fell due. [...] He is to be granted an appointment for a period of two years starting at the date of delivery of this judgment."
Keywords:
compensation; contract; date; fixed-term; increment; interest on damages; non-renewal of contract; procedural flaw; professional injury; reckoning; reconstruction of career; reinstatement;
Consideration 18
Extract:
The organization accused the complainant of removing computer equipment from the work place. It decided not to renew his fixed-term appointment on the grounds of theft. "The damage to the complainant's career and reputation is so grave that nothing short of reinstatement and the grant of a further contract of employment will suffice."
Keywords:
compensation; contract; fixed-term; moral injury; non-renewal of contract; professional injury; reinstatement;
Judgment 1380
78th Session, 1995
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant "did not suffer any injury which hampered her career and is therefore not entitled to any award of damages. The mere fact that a decision was initially flawed does not suffice to warrant awarding her damages for moral injury. The flaw was [later] corrected [...] to be entitled to moral damages she must show that she has suffered more severe injury than that which an improper decision ordinarily causes."
Keywords:
burden of proof; criteria; damages; decision; evidence; flaw; formal flaw; lack of evidence; lack of injury; moral injury; professional injury;
Judgment 946
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"There is no award of moral damages. Since the organization was applying a policy of staff retrenchment required by financial constraints, the non-renewal cannot be deemed to have harmed the complainant's professional reputation. Nor indeed does he offer any evidence of moral injury."
Keywords:
abolition of post; contract; evidence; fixed-term; lack of evidence; moral injury; non-renewal of contract; professional injury;
Judgment 942
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is plain from the evidence now before the Tribunal that the transfer was flawed: first, no objective and impartial inquiry, such as the complainant had been asking for all along, had been carried out beforehand; and, secondly, there was breach of the duty any international organisation owes its staff to treat them with respect for their dignity and good name. The impugned decision must therefore be set aside."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
flaw; inquiry; investigation; moral injury; organisation's duties; professional injury; respect for dignity; transfer; working relations;
Judgment 843
63rd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal holds that the transfer, later reversed, to a post three grades lower was unlawful. Although the complainant's attitude may not have been beyond reproach, he suffered moral injury and loss of reputation. Under the circumstances, the amount of compensation provided by the impugned decision is too small and the Tribunal increases it from the equivalent of two to six months' take-home salary.
Keywords:
conduct; downgrading; material damages; moral injury; professional injury; transfer;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"[The] posts and the grade they carried were such that the decision was tantamount to a sanction. An organisation is bound to show due regard to the dignity and good name of its staff".
Keywords:
assignment; downgrading; grade; hidden disciplinary measure; moral injury; organisation's duties; post; professional injury; respect for dignity; transfer;
Judgment 631
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
The complainant retains his P.6 grade on a personal basis, but is transferred, without reasons having been given, to a P.5 post. The Tribunal regards this as downgrading of function. "There is [...] much to be said for the argument that, whether or not there is a specific provision in the Staff Rules, as a matter of contractual obligation the administration ought not to take a decision injuriously affecting a staff member's career without first, as a matter of natural justice, giving him the reasons for the decision and getting his response."
Keywords:
downgrading; duty to substantiate decision; grade; organisation's duties; post; professional injury; transfer;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant was inconsiderately left idle. The organisation ought to have done its utmost to set the situation right. "The Tribunal holds that the ilo caused serious injury to the complainant's feelings and reputation and was in breach of its obligations. It shall pay her compensation for moral injury. Inasmuch as it finds the ILO at fault the present judgment itself affords a remedy, but she is also entitled to damages for the serious prejudice she has suffered [...]."
Keywords:
allowance; breach; compensation; misconduct; moral injury; organisation; organisation's duties; professional injury; refusal to assign work;
Judgment 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant is seeking damages "for distress, moral injury and harm to her reputation, which she says were caused by the administration's actions during the proceedings before the [Appeals] Board and the Tribunal. There is no allusion to such a claim in the Board's report or in any of the other items of evidence [...] The Tribunal therefore cannot tell with certainty whether the internal means of redress have been exhausted. But [...] even if receivable, the claim is devoid of merit."
Keywords:
moral injury; new claim; professional injury; receivability of the complaint;
Judgment 523
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant asks [...] for [...] compensation for prejudice caused to his career as an international civil servant; no doubt he could have expected that, but for the reorganisation, his contract in Washington would have been renewed; nevertheless, as things have happened, the reorganisation would have been a good ground for non-renewal."
Keywords:
career; contract; fixed-term; injury; professional injury; termination of employment;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Even where it has no reason to set a decision aside, the Tribunal may award moral damages to a complainant who, on account of injury to his dignity and reputation, has suffered serious prejudice such as to hamper his career."
Keywords:
condition; moral injury; professional injury; respect for dignity;
Consideration 12
Extract:
"It is true that the transfer must have aroused doubts about [the complainant's] abilities in the minds of those who had dealings with him. But that was because of the nature of the decision, not because of the behaviour of [the organization's] officials. His supervisors could not have avoided making his transfer public. But the words they used do not seem to be open to serious criticism. In particular one official, while expressing the hope that the change would serve the [organization's] interests, described the work done by the complainant as excellent." No compensation.
Keywords:
lack of injury; professional injury; transfer;
Judgment 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The impugned decision did not take account of the complainant's particular interests and was tainted with bias. The impugned decision is unlawful and the complainant is therefore entitled to compensation for moral prejudice provided that there was serious injury to her feelings. She was certainly affected by the suddenness of the decision, which she regarded as unfair punishment. moreover, her reputation very probably did suffer. Accordingly, the compensation for moral prejudice is determined ex aequo et bono.
Keywords:
bias; equity; moral injury; professional injury; staff member's interest; transfer;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(D)
Extract:
"It is not a simple case of non-renewal. The complainant was the victim of a misconceived charge of misconduct of which the Director pronounced him to be guilty. The letter dropping the charge contained no withdrawal or apology and was composed as if the dropping was an act of lenience [...]. The illegal use of [the provision respecting special leave] made it appear as if the complainant had been summarily dismissed. [...] By these acts the complainant must have been caused deep distress. On the natural assumption that this course of action was pursued by a Director exercising wisdom and impartiality the interested public would inevitably conclude that the complainant had in some way disgraced himself".
Keywords:
contract; fixed-term; lack of evidence; moral injury; non-renewal of contract; professional injury; respect for dignity; serious misconduct;
Judgment 411
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The chief element in the compensation to which complainant is entitled is the loss of the enjoyment of his job. "True, the new job was a 'comedown' and as such might have damaged him professionally if the damage had not already been done by the events recorded in Judgment No. 361: for such damage compensation has been paid."
Reference(s)
ILOAT Judgment(s): 361
Keywords:
injury; material damages; professional injury; transfer;
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