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Judgment No. 362

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

"under article ii of its statute the tribunal is open to any official ... who is in dispute with the organisation concerning the compensation provided for in cases of invalidity, injury or disease incurred by him in the course of his employment."

Reference(s)

ILOAT reference: ARTICLE II ILOAT STATUTE

Keywords

competence of tribunal; iloat statute; accident; illness; service-incurred; invalidity

Considerations

Extract:

"the word 'injury' ... must be given the restricted meaning of physical injury. not only is this consistent with its context, but if it were not so restricted it would be far wider than 'accident' in the french text."

Keywords

iloat statute; interpretation; accident

Considerations

Extract:

nothing in the regulations cited by the complainant suggests "that an elected representative of the staff is employed as such by the organization. any such interpretation would be destructive of the nature and purposes of the staff association, since, if its representatives were as such in the employment of the organization, they could be instructed by the organization what to do."

Keywords

organisation; independence; staff union; staff representative



 
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