|
|
 |
|
|
Moral damages (692,-666)
You searched for:
Keywords: Moral damages
Total judgments found: 100
1, 2, 3, 4, 5 | next >
Judgment 5200
141st Session, 2026
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to select him for external tutoring activities.
Consideration 7
Extract:
“Notwithstanding that his substantive claim is moot, the relief sought in the complaint includes a claim for moral damages. The Tribunal has accepted such a claim can endure notwithstanding that the principal claim is moot. Cases can arise where this residual issue means that the entire matter cannot be said to be moot (see, for example, Judgment 4886, considerations 3 to 6).”
Reference(s)
ILOAT Judgment(s): 4886
Keywords:
claim moot; moral damages;
Judgment 5182
141st Session, 2026
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to suspend him from service in the context of a disciplinary procedure.
Consideration 3
Extract:
“[N]ot all claims for moral damages can be characterised as claims for consequential relief that can be granted in all circumstances. Where a claim for moral damages rests on a new factual or legal grievance not raised internally (for example, harassment or retaliation), it is irreceivable (see, for example, Judgment 4997, consideration 7, in fine). The Tribunal’s case law draws a distinction between ancillary moral damage claims, those that flow directly from the contested decision or from procedural defects in the internal proceedings, and claims for moral damages resting on a fresh allegation, whereby a complainant seeks to litigate a new and distinct grievance, while the underlying factual basis of the claim had never been submitted to the internal appeal body.”
Reference(s)
ILOAT Judgment(s): 4997
Keywords:
moral damages; new claim;
Judgment 5180
141st Session, 2026
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s invalidity reforms.
Consideration 21
Extract:
"As to the complainant’s claim to be awarded moral compensation, the Tribunal considers that he has demonstrated to its satisfaction that, by unlawfully rejecting his appeal as irreceivable, the impugned decision placed him in an uncertain and stressful situation. This resulted in moral injury, the amount of which can be assessed […] at 7,000 euros."
Keywords:
moral damages; moral injury;
Consideration 22
Extract:
"The Tribunal observes that moral damages are awarded for moral injury, and the complainant bears the burden of proving the injury and the causal link with the unlawful conduct of the defendant organization. Delay, in itself, does not entitle a complainant to moral damages […], unless the complainant proves the injury suffered as a consequence of the delay. In the present case, the complainant has not established to the Tribunal’s satisfaction that the moral injury he suffered is not covered by the 300 euros already awarded by the Office."
Keywords:
delay; moral damages; moral injury;
Judgment 5179
141st Session, 2026
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his request to access his complete medical file and contests the validity of the internal appeals proceedings.
Consideration 12
Extract:
"[R]egarding the claim for moral damages for delay, in an amount higher than that already awarded by the EPO, the Tribunal observes that moral damages are awarded for moral injury, and the complainant bears the burden of proving the injury and the causal link with the unlawful conduct of the defendant organization. Delay, by itself, does not entitle a complainant to moral damages […], unless the complainant proves the injury suffered as a consequence of the delay."
Keywords:
delay; moral damages; moral injury;
Judgment 5168
141st Session, 2026
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to stop reimbursing his travel expenses.
Consideration 11
Extract:
Established precedent of the Tribunal has it that moral damages must be proven, and that the complainant bears the burden of proof (see, for example, Judgment 4867, consideration 6). The case law has also often reiterated that the mere fact that a decision was flawed does not suffice to warrant awarding damages for moral injury. To be entitled to moral damages, an official must have suffered more severe injury than that which an improper decision ordinarily causes (see, for example, Judgment 4156, considerations 5 and 6).
Keywords:
moral damages; moral injury;
Judgment 5162
141st Session, 2026
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Administration’s refusal to recognise the overtime she worked in June and July 2020 during the Covid-19 sanitary crisis and seeks to have her entitlements restored for the five years preceding the filing of her complaint pursuant to French law.
Consideration 16
Extract:
«Les […] intervenants se trouvent, ainsi que l’admet la défenderesse, dans une situation de droit et de fait similaire à celle de la requérante en ce qu’ils contestent des décisions prises par la chef de l’Unité des ressources humaines et services […] portant refus de prendre en considération les heures supplémentaires qu’ils ont effectuées sur site lors de la pandémie de Covid-19. En outre, ils avaient également formé une réclamation qui a été examinée conjointement avec celle de la requérante par la Commission paritaire des litiges. Leurs demandes d’intervention sont accueillies. Ils auront droit, en conséquence, à bénéficier de la réparation des préjudices matériel et moral qu’ils ont subis, tels que déterminés dans le présent jugement, étant entendu que le montant du préjudice matériel sera calculé en fonction de leur situation propre. Des intérêts moratoires au taux de 5 pour cent l’an leur seront également versés par la défenderesse dans les conditions fixées au considérant 11 [...].»
Keywords:
interveners; intervention; material damages; moral damages;
Judgment 5157
141st Session, 2026
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her non-selection to a post.
Consideration 6
Extract:
As the Tribunal has repeatedly held, moral damages flow from proof, provided by the complainant, of the moral injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgment 4156, consideration 5, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 4156
Keywords:
evidence; moral damages;
Judgment 5156
141st Session, 2026
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests her dismissal for misconduct.
Consideration 37
Extract:
“The sanction of dismissal also caused the complainant obvious moral injury since it seriously damaged her honour and professional reputation and inevitably caused her a psychological shock and a feeling of anxiety about losing her job. The Tribunal finds it fair to award the complainant moral damages in the sum of 45,000 Swiss francs, in addition to the amount of 5,000 Swiss francs already awarded in the impugned decision.”
Keywords:
moral damages; termination of employment;
Consideration 38
Extract:
“The complainant also requests moral compensation for the delay in the process, arguing that the overall duration of the investigation and disciplinary proceedings was excessively long. She contends that she was left in a state of complete uncertainty about her career for roughly 30 months, during which time she was suspended from service. Having regard to the circumstances of the case and, specifically, its complexity and the number of witnesses interviewed, the Tribunal finds that the length of the process was not inordinate and, therefore, the complainant is not entitled to moral damages in this regard.”
Keywords:
delay; disciplinary procedure; investigation; moral damages; suspension;
Consideration 4
Extract:
“[T]he failure to respect confidentiality in an investigative process, even if it were proven, does not amount to a conclusive flaw which would justify the setting aside of the disciplinary decision. The breach of confidentiality, if proven, might only arguably entitle the complainant to moral damages (see Judgment 4858, consideration 14).”
Reference(s)
ILOAT Judgment(s): 4858
Keywords:
breach of confidentiality; investigation; moral damages;
Judgment 5153
141st Session, 2026
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the non-renewal of his temporary appointment.
Consideration 17
Extract:
“The complainant also seeks moral damages […] The unsupported characterization of the complainant’s conduct as misconduct and a breach of integrity caused him obvious moral injury for which he is entitled to moral damages (see Judgment 4819, consideration 17). He seeks 10,000 United States dollars. This amount is appropriate in the circumstances.”
Reference(s)
ILOAT Judgment(s): 4819
Keywords:
misconduct; moral damages; moral injury; motivation; non-renewal of contract;
Judgment 5149
141st Session, 2026
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to issue him with a written reprimand.
Consideration 11
Extract:
“In the normal course of events, the Tribunal would remit the case to the FAO for the Appeals Committee to issue a fresh opinion. The Tribunal will do so in this case. The Tribunal will also order the FAO to remove the written reprimand from the complainant’s personnel file pending the final resolution of the matter. Whatever the outcome of the present dispute, the effect of the failure to properly examine the complainant’s internal appeal was to delay its final settlement. In the circumstances of the case, that failure has in itself caused the complainant moral injury which will be fairly redressed by ordering the Organization to pay him compensation of 3,000 United States dollars.”
Keywords:
case sent back to organisation; delay; internal appeal; moral damages; moral injury; right of appeal;
Consideration 12
Extract:
“The complainant’s claim for moral damages for excessive delay in the internal appeal procedure is rejected. Even assuming that there was excessive delay, he has not provided evidence to establish the moral injury he suffered as a result of it […].”
Keywords:
delay; moral damages; moral injury;
Judgment 5146
141st Session, 2026
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the FAO’s decisions to impose on him the disciplinary measure of summary dismissal for misconduct, and to include his name in Clear Check, the United Nations (UN) system-wide screening database created to prevent the rehire of perpetrators of sexual harassment.
Considerations 15-16
Extract:
“A right to an effective internal appeal is an important one. […] the role of an internal appeals body ordinarily involves a comprehensive review of the facts and, if appropriate, the consideration of fresh evidence. The complainant is entitled to an effective internal appeal, and the matter should be remitted to the FAO to enable his appeal to be heard by a freshly constituted Appeals Committee […]. The impugned decision should be set aside though, in the absence of an order of reinstatement, setting aside the impugned decision does not lead to the complainant’s re-engagement as a staff member of the Organization.
Whatever the outcome of the present dispute, the effect of the failure to properly examine the complainant’s internal appeal was to delay its final settlement. In the circumstances of the case, that failure has in itself caused the complainant moral injury which will be fairly redressed by ordering the Organization to pay him compensation of 5,000 United States dollars.”
Keywords:
case sent back to organisation; internal appeals body; judicial review; moral damages; moral injury; right of appeal; role of the tribunal;
Judgment 5144
141st Session, 2026
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the non-renewal of his fixed-term appointment.
Consideration 15
Extract:
“Regarding the complainant’s claim for moral damages on grounds of excessive delay in the internal appeal process, the Tribunal’s consistent case law has it that the amount of compensation for unreasonable delay in internal proceedings will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as a lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal (see Judgments 4978, consideration 14, 4804, consideration 5, 4563, consideration 14, and 3160, considerations 16 and 17). In the present case, the Tribunal accepts the Organization’s statement that the complainant’s appeal to the Appeals Committee was submitted at the onset of the COVID-19 pandemic, which did result in some operational constraints. Accordingly, the complainant’s claim is rejected.”
Reference(s)
ILOAT Judgment(s): 3160, 4563, 4804, 4978
Keywords:
delay in internal procedure; moral damages;
Judgment 5136
141st Session, 2026
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of his application for the Voluntary Departure Programme.
Consideration 12
Extract:
The complainant’s claim for moral damages for delay in the internal appeal procedure is unfounded, as notwithstanding that it lasted some 20 months, the complainant has not articulated to the Tribunal’s satisfaction, the effects the delay had on him to justify such an award.
Keywords:
delay; delay in internal procedure; internal appeal; moral damages; moral injury;
Judgment 5122
141st Session, 2026
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose upon him the disciplinary measure of written censure and to bar him from any future employment with the OPCW for alleged breaches of his confidentiality obligations.
Consideration 24
Extract:
The violation of the complainant’s due process in the disciplinary process was a manifest error, which permits the Tribunal to set aside the impugned decision, as well as the initial decision contained in the letter of 7 February 2020, without it being necessary to rule on any other plea the complainant proffers. Inasmuch as the complainant’s rights to due process were violated, he is entitled to moral damages. For this, in the circumstances of this case, the Tribunal will award him 20,000 euros.
Keywords:
disciplinary procedure; due process; judicial review; manifest error; moral damages; patere legem; role of the tribunal;
Judgment 5119
141st Session, 2026
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests ITU’s decision to impose on him the disciplinary measure of dismissal with immediate effect.
Consideration 23
Extract:
“[T]he complainant’s submission on this issue is not that this allegedly unjustified unreasonable delay entails that the dismissal decision or the impugned decision are unlawful as a result, but rather that it justifies that he be granted moral damages. As recalled in Judgment 4947, consideration 17, established precedents of the Tribunal indeed have it that “an unreasonable delay does not in itself render the decision taken at the end of the internal procedure in question unlawful […]”.
[…] While an international organization clearly has the obligation to put in place the necessary mechanisms to deal with internal procedures in a timely manner, the record easily establishes that the processing of the disciplinary proceedings in the present case took some time due to its magnitude and complexity. […]”
Reference(s)
ILOAT Judgment(s): 4947
Keywords:
delay; moral damages; moral injury;
Judgment 5113
141st Session, 2026
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests his Performance Appraisal Report (PAR) for the period from 1 June 2021 to 31 May 2022 and the decision not to renew his appointment due to unsatisfactory performance.
Consideration 10
Extract:
“[T]he reinstatement of an official on a fixed-term contract is ordered only in exceptional cases […]. In the present case, having also regard to the time that has elapsed since the complainant’s separation from the organisation, the Tribunal considers that reinstatement would not be appropriate. However, as a result of the unlawful decision not to renew his appointment, the complainant lost a valuable opportunity to pursue his employment with the organisation, in respect of which he is entitled to an award of material damages. In the circumstances of this case, the Tribunal assesses those damages in the amount of 60,000 euros. The complainant is also entitled to moral damages for the breach of the organisation’s duty of care, which the Tribunal assesses at 15,000 euros.”
Keywords:
duty of care; fixed-term; loss of opportunity; material damages; moral damages; non-renewal of contract; reinstatement;
Judgment 5111
141st Session, 2026
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to renew his appointment.
Consideration 14
Extract:
“[T]he complainant requests reinstatement or, alternatively, material damages […]. The Tribunal recalls that, according to its consistent case law, a temporary appointment carries no expectation of renewal […]. Even if the reasons for non-renewal had not been flawed, there would have been no guarantee that the complainant’s contract would have been renewed. His request for reinstatement is therefore rejected. However, because the complainant lost a valuable opportunity to have his contract renewed due to the defects established above, he is entitled to material damages to compensate for that loss of opportunity, which the Tribunal assesses at a lump sum of 30,000 euros.”
Keywords:
duty of care; fixed-term; loss of opportunity; material damages; moral damages; non-renewal of contract; reinstatement;
Consideration 14
Extract:
“The complainant is entitled to moral damages, as the flaws in the appraisal process referred to earlier constitute a breach of the principle prohibiting an organisation from breaching the rules which it has itself established as well as the organisation’s duty of care, which the Tribunal assesses at 5,000 euros.”
Keywords:
duty of care; moral damages; patere legem;
Judgment 5109
141st Session, 2026
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims compensation for moral injury due to the harassment he suffered by his supervisor.
Consideration 6
Extract:
The events which led to the complainant lodging a formal complaint of harassment with OIOS in late April 2021 (and in respect of which he had taken notes) began in October 2020. That is five years ago. It would be open to the Tribunal to remit the matter to the IAEA to enable the Director General to consider whether he should exercise his discretionary power to award moral damages in favour of the complainant. However, that would be likely to delay the resolution of the matter for several, if not many, months. Accordingly, the Tribunal will award moral damages itself, as it is empowered to do (see, for example, Judgment 4808, considerations 13 to 19).
Reference(s)
ILOAT Judgment(s): 4808
Keywords:
competence of tribunal; complaint; harassment; moral damages; moral injury; role of the tribunal;
Judgment 5100
141st Session, 2026
ASEAN+3 Macroeconomic Research Office
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to extend her contract for one year only.
Consideration 8
Extract:
“The complainant seeks moral damages […] for the repeated violation of her rights in the process of deciding about the reduction of her contract extension and moral damages […] for the organisation’s alleged breach of its duty of care. However, in a case such as the present it would be necessary for the complainant to demonstrate moral injury founding the award of moral damages. As the Tribunal has repeatedly held, moral damages flow from proof, provided by the complainant, of the moral injuries suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury […]. [The complainant’s assertion] is an insufficiently firm foundation to award moral damages in the amount claimed […]. However, the complainant is entitled to a compensation for the manifest moral injury she suffered having regard to the stress undoubtedly caused by the unlawful decision to renew her contract for one year only. She is therefore entitled to 12,000 euros as moral damages.”
Keywords:
moral damages; moral injury; non-renewal of contract;
Judgment 5097
141st Session, 2026
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on him the disciplinary measure of a letter of warning.
Consideration 23
Extract:
“The complainant requests an award of moral damages of 50,000 euros for the delay in the procedure and for the fundamental breach of his right to a fair internal appeal procedure. […] [T]his claim […] is […] well founded to the extent it is grounded on the infringement of the complainant’s right to a fair internal appeal. […] The error of law committed by the JAAB regarding the scope of its competence resulted in the complainant being denied his right to have the merits of his internal appeal duly examined by that body. Consequently, the complainant’s right to an effective appeal was breached, which caused him, in the circumstances of the case, a manifest moral injury warranting redress. The Tribunal finds it fair to award him moral compensation in the sum of 5,000 euros.”
Keywords:
internal procedure; moral damages; moral injury; right of appeal;
Consideration 12
Extract:
“[T]he complainant contends that, prior to the commencement of disciplinary proceedings against him, he had lodged a harassment complaint, the content of which was shared by EMBL with Ms J.H. and Ms C.H.; this amounted, in his view, to a breach of confidentiality and may have undermined their credibility and that of other witnesses. […]
As EMBL notes in its reply, Ms J.H. and Ms C.H. were informed of the complainant’s harassment complaint because they were interviewed regarding it as part of the investigation. During these proceedings, facts emerged that might amount to harassment perpetrated by the complainant, prompting the initiation of disciplinary proceedings against him. In these circumstances there was no unlawful breach of confidentiality. In any event, failure to respect confidentiality in an investigation process, even if it were proven, does not constitute a conclusive flaw in the proceedings that would justify setting aside the disciplinary decision. A breach of confidentiality, if proven, might only arguably entitle the complainant to moral damages […].”
Keywords:
breach of confidentiality; disciplinary procedure; flaw; moral damages;
1, 2, 3, 4, 5 | next >
|
|
|
|
|
