Judgment No. 1752
The complaints are dismissed.
"[The Tribunal] may not replace qualified medical opinion with its own, though it may review the procedure and say whether the doctors' findings show any factual mistake or inconsistency, or overlook an essential fact, or draw a plainly wrong conclusion from the evidence."
procedure before the tribunal; competence of tribunal; medical board; medical opinion; judicial review; limits; disregard of essential fact; mistaken conclusion
The complainant's wife, who was a member of the staff of the International Labour Office committed suicide. Among other things, the complainant seeks awards of damages for the moral injury suffered by his wife as well as by his son and himself. "[The complainant] has access to the Tribunal under Article II(6) of its Statute only as the successor to any rights his wife may have had, since she alone was an official of the ILO. He may claim damages only for moral injury he says she suffered in its employ because of its failure to treat her with due care or for whatever other reason."
ILOAT reference: ARTICLE II(6) OF THE STATUTE
claim; injury; moral injury; locus standi; status of complainant; successor; receivability of the complaint; organisation's duties; respect for dignity; iloat statute; service-incurred; duty of care; moral damages