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Judgment No. 250

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

a clause in the complainant's contract provides for compensation in the event of "illness". it is unclear whether the term applies to all cases of illness or only to cases of illness which were due to performance of duties. under the second interpretation, the person concerned would be entitled to full compensation for the prejudice suffered and its direct consequences, for example disability. "without settling that question, and assuming in the complainant's favour that the second interpretation is correct", the tribunal notes that the illness was not related to the performance of his duties.

Keywords

injury; interpretation; provision; contract; illness; service-incurred; compensation; condition

Considerations

Extract:

it appears from the evidence "that the complainant's duties, however demanding and difficult they may have been, did not as such require him regularly to work longer hours than might reasonably have been expected of a staff member in his position." the illness is thus not directly related to his duties "by reason of the particularly demanding nature thereof."

Keywords

working conditions; illness; service-incurred; cause

Considerations

Extract:

assuming that the terms of appointment entitling the complainant to compensation cover only cases of illness which are the direct result of his duties, by reason of the particularly demanding nature thereof, "the complainant would be entitled, quite apart from the terms of his appointment and in accordance with the general principles of liability in public law, to full compensation for any prejudice suffered by him and its direct consequences, including, for example, chronic or temporary disability."

Keywords

injury; liability; general principle; illness; service-incurred; invalidity; compensation; right

Considerations

Extract:

the illness which the complainant suffered during his appointment with the organisation left no mark on him and it did not prevent him from resuming normal work in his national administration nor from obtaining high-level responsibilities. since the organisation met all expenses incurred by reason of his illness, the complainant suffered no other prejudice thereby and cannot properly claim compensation for disability from which he does not in fact suffer.

Keywords

lack of injury; illness; insurance benefit; consequence



 
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