Moral damages (692,-666)

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Keywords: Moral damages
Total judgments found: 42

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• 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 4583

  
  135th Session, 2023
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to terminate his appointment for reasons of professional unsuitability and the decision to place him on special paid leave until the end of his period of notice.

  Consideration 9

  Extract:

  As relief of moral damages, EMBL will also be ordered to remove the unlawful termination decision […] from the complainant’s personnel file.

  Keywords:

  moral damages; personal file;
  

  
  
  

• Judgment 4575

  
  135th Session, 2023
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complaints concern compensation following the refusal to allow the Central Staff Committee to publish two documents on the EPO’s Intranet.

  Judgment keywords

  Keywords:

  complaint dismissed; moral damages; plenary judgment; staff representative;
  

  Consideration 7

  Extract:

  As to the receivability of the complainants’ request for an award of moral damages in the amount of one euro per staff member, the Tribunal notes that its jurisdiction ratione personae, pursuant to Article II of the Statute, is of an individual nature. The Tribunal can only order that the Organisation pay compensation for damages to the complainants (Article II, paragraph 5, of the Statute of the Tribunal), and not to third parties. For this reason, the Tribunal will not follow Judgment 2857, which underpins the complainants’ argument on this topic.

  Reference(s)

  ILOAT Judgment(s): 2857
  

  Keywords:

  cause of action; moral damages; receivability of the complaint; staff representative; third party;
  

  Consideration 9

  Extract:

  According to a recent precedent, decided by the seven judges of the Tribunal, a complainant, acting as a staff representative, is not entitled to an award of moral damages (see Judgment 4550, consideration 20). By their very nature, violations of the rights of staff representatives cannot, under any circumstances, give rise to any personal right to financial compensation.
  Depending on the circumstances of the case, a moral injury, due to its nature, can be restored not only by means of a sum of money. While the Tribunal considers that it is beyond its power to order a public apology (see Judgment 2762, consideration 31), it determines that the annulment of the impugned decision can be considered by itself a form of redress of moral injury (see Judgments 1745, consideration 12, and 1481, consideration 8). In a case similar to the present, concerning censorship in violation of freedom of communication, the Tribunal affirmed that the EPO, by requiring prior authorization for the dispatching of mass emails, breached the complainants’ freedom of communication. Nonetheless, in that case, the Tribunal, as to the redress for moral injury, held that the annulment of the impugned decision was in itself a sufficient remedy for any moral injury the complainants may have conceivably suffered (see Judgment 4551, consideration 16).
  Similarly, in the present case, it must be held that the […] decision admitting the unlawfulness of the censorship related to the publication of two documents, together with the publicity given to this decision on the Organisation’s website, were already sufficient redress for any moral injury.

  Reference(s)

  ILOAT Judgment(s): 1481, 1745, 2762, 4550, 4551
  

  Keywords:

  moral damages; satisfaction; staff representative;
  

  Considerations 11-12

  Extract:

  The Tribunal decides that, although there may have been some inconsistencies regarding this issue in its previous case law, the exclusion of the entitlement of staff representatives to personal financial compensation extends to moral damages resulting from excessive length in the internal appeal proceedings. […]
  
  The complainants lodged their internal appeals only in their capacity as members of the Central Staff Committee. It follows that the injury for the excessive length of the internal appeal proceedings was suffered by the Central Staff Committee and the staff representation as a whole, not by the staff representatives individually.

  Keywords:

  delay in internal procedure; moral damages; staff representative;
  

  
  
  

• 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;
  

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