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Professional injury (51,-666)
You searched for:
Keywords: Professional injury
Total judgments found: 28
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Judgment 396
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Under any contract of appointment the organization, even in the absence of express provision, is bound to respect an official's dignity and reputation - in other words to beware of putting him needlessly in a difficult personal position. If the organization fails in that duty it may be ordered to pay compensation, even if there is no decision to be set aside [...] however, only for serious wrong likely to prove damaging to a staff member's career."
Keywords:
material damages; moral injury; no provision; organisation's duties; professional injury; respect for dignity;
Judgment 373
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was transferred improperly. "Positions which are graded at the same level may nevertheless differ considerably in status and prestige. The Tribunal agrees [...] that the complainant has lost the professional standing that the post of regional adviser gives. Moreover, the transfer was handled in such a way as to give the impression that she was being edged out of her position for reasons unstated; this must have caused her personal distress."
Keywords:
decision quashed; flaw; moral injury; professional injury; transfer;
Judgment 367
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"Just as it is implicit in every contract of service that the staff member shall be loyal, shall treat his superiors with due respect and shall guard the reputation of the organization, so it is implicit that the administration in its treatment of staff members shall have a care for their dignity and reputation and shall not cause them unnecessarily personal distress."
Keywords:
general principle; organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;
Judgment 361
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The Tribunal is not likely to concern itself with cases other than those of grave injury which has been left unredressed. But where such injury has occurred it is not the decision to take the action that is relevant - in substance it may be correct or incorrect - but the decision as to the form in which it should be taken and as to how it shall be executed."
Keywords:
injury; moral injury; professional injury;
Consideration 42
Extract:
"The Tribunal concludes that the injury done to the complainant's feelings and reputation is so grave as to amount to a breach of obligation which calls for compensation. There must also be considered under this head the failure of the organisation to do all that is practicable to see that a staff member is given work and responsibility appropriate to his grade." [The complainant was summarily relieved of his duties as acting director of his division and left idle.]
Keywords:
moral injury; organisation's duties; professional injury; refusal to assign work;
Consideration 9
Extract:
Vide Judgment 367, consideration 16.
Reference(s)
ILOAT Judgment(s): 367
Keywords:
organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;
Considerations 43-44
Extract:
The Director-General's decisions are valid, but not the manner in which they were implemented. The administration could have made it clear that the complainant was a victim of the reorganisation and was not to blame. Its silence made the situation even more distressing. "Accordingly, the claim for compensation for moral damage is allowed. Since money is to be the only form of redress, the amount must be sufficient to mark the gravity of the injury."
Keywords:
decision; grounds; injury; moral injury; professional injury; reorganisation; transfer;
Consideration 39
Extract:
To be rehabilitated the complainant would have had to be given a post with responsibilities at least equal to those which he had at the time of the events. "This is not necessarily to question the validity of the Director-General's decision [...]. The Director-General must exercise his power of appointment to pick the right man and would normally be precluded from using it as a way of making amends." But if he had been able to offer the complainant a distinct promotion, thus demonstrating his confidence in him, some of the prejudice complained of would have been removed.
Keywords:
assignment; discretion; professional injury;
Consideration 40
Extract:
To find moral prejudice in the manner of execution of the impugned decisions, none of which has been invalidated, "is to take a very exceptional course and one which can be taken [...] only in circumstances in which grave injury of a kind likely to impair a staff member's career has been left unredressed."
Keywords:
damages; exception; injury; moral injury; professional injury;
Judgment 210
30th Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The ignominy of summary dismissal and its effect upon the complainant's prospects are heavy additions to the consequences that inevitably flow from the termination of employment".
Keywords:
moral injury; professional injury; summary dismissal;
Judgment 136
22nd Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The suspension of the complainant was followed by an improper decision not to renew his contract. Having received his full salary, the complainant "has suffered no material damage, but he has suffered moral damage. He is entitled to equitable compensation for the distress caused by the manner of his treatment and for the injury done thereby to his reputation and to his prospects of obtaining other employment. The organization must therefore pay to the complainant equitable compensation in respect of the illegality of his suspension from duty".
Keywords:
contract; fixed-term; flaw; injury; moral injury; non-renewal of contract; professional injury; suspension;
Judgment 121
20th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The organization has [...] committed a breach of contract by suspending the complainant otherwise than in accordance with the Staff Regulations. Since his emoluments have been fully paid, he has suffered no material damage, but he has suffered moral damage. He is entitled to compensation for the distress caused by the abrupt way in which he was treated, tantamount in its form to summary dismissal, and for the injury done to his reputation and to his prospects of obtaining other employment."
Keywords:
breach; flaw; injury; moral injury; professional injury; provision; respect for dignity; staff regulations and rules; summary dismissal; suspension;
Judgment 27
6th Session, 1957
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The only fault which can be attributed to the organisation is that it did not establish [...] clearly and precisely [the responsibility of the complainant in certain incidents] but left open to grave doubt the reasons which motivated the failure to re-engage the complainant [...]. The complainant should therefore be awarded an indemnity in compensation for the moral prejudice resulting from the equivocal explanation given of the failure to re-engage her, for which prejudice the award of a sum of US $1,000 will give her full relief."
Keywords:
amount; contract; fixed-term; grounds; injury; material damages; moral injury; non-renewal of contract; professional injury;
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