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Judgment No. 2895

Decision

1. WHO shall pay the complainant moral damages in the amount of 5,000 euros.
2. It shall also pay the complainant costs in the amount of 500 euros.
3. All other claims are dismissed.

Considerations 19 and 20

Extract:

The complainant challenged WHO's decision to "waive" in her case the medical examination on separation provided for in Staff Rule 1085. The Tribunal held that the exit medical examination is a mandatory part of the separation protocol. It awarded the complainant moral damages.
"Staff Rule 1085 reads:
"A staff member shall be examined immediately prior to his departure by the Staff Physician or by a physician designated by the Organization. If a staff member fails to undergo this medical examination within a reasonable time limit fixed by the Organization, then claims against the Organization arising out of illness or injury which allegedly occurred before the effective date of separation shall not be entertained; furthermore, the effective date of separation shall not be affected."
"The wording of the above provision makes it clear that a medical examination is mandatory. It follows from the mandatory nature of the medical examination on separation, coupled with the fact that it engages the interests of both parties and not just those of the Organization, that WHO could not unilaterally decide that in the circumstances the requirement of Staff Rule 1085 had been fulfilled. Although that rule contemplates the situation where a staff member fails to undergo the exit medical examination, it also sets out the potentially adverse consequence that the lack of such an examination may have for the staff member in question."

Reference(s)

Organization rules reference: Staff Rule 1085

Keywords

organisation's duties; staff member's interest; separation from service; medical examination; staff member's duties

Consideration 22

Extract:

"The Organization's assertion that the complainant did not specifically request to have an exit medical examination is correct. However, the exit medical examination requirement is not contingent on a staff member requesting to have the examination; it is a mandatory part of the separation protocol."

Keywords

organisation's duties; staff member's interest; separation from service; medical examination; staff member's duties

Consideration 23

Extract:

"The Tribunal finds that WHO's unilateral decision to "waive" the exit medical examination constitutes a violation of Staff Rule 1085. It also finds that, although there is no evidence that the decision was motivated by malice, the manner in which the Organization dealt with this issue was an affront to the complainant's dignity."

Keywords

organisation's duties; respect for dignity; staff member's interest; separation from service; medical examination; staff member's duties



 
Last updated: 24.02.2010 ^ top