Judgment No. 1843

• Organization: European Southern Observatory (ESO)
• Date: 08.07.1999
• Original: English
• Judges: Fernando, Hugessen, Carroll
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Considerations 11-12

Extract:

The complainant did not attend the compulsory medical examination on termination of appointment which he had been requested to undergo. "A medical examination at the time of termination is not a mere formality: it is intended to establish with some degree of certainty - in the interests of both parties - a staff member's state of health upon termination. [...] The Tribunal holds that Article R II 4.20 b) of the Staff Regulations disqualified the complainant from making a claim for compensation in respect of a work-related injury or illness discovered after termination."

Reference(s)

Organization rules reference: ARTICLE R II 4.20 B) OF THE ESO STAFF REGULATIONS

Keywords

staff regulations and rules; enforcement; allowance; separation from service; illness; medical examination; staff member's duties