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Judgment No. 402

Decision

It is ordered that the Organization pay to the complainant:
1. under paragraph 12 above, DM 373,087; and
2. under paragraph 13 above, $16,000; and
3. as a contribution to the costs incurred by him in the preparation of his case DM 3,000.

Consideration 2

Extract:

"in some employments there are unavoidable risks. [...] the question in each case is whether the risk is abnormal having regard to the nature of the employment. in a case such as the present a reasonable test (though this is only one possible criterion) might be to consider whether an insurance company could, because of the civil war [...] properly demand an additional premium for cover against the risk of injury [...] if so, the risk would be abnormal."

Keywords

duty station; insurance; working conditions; special hazard

Consideration 2

Extract:

an abnormal risk "might be quite a sensible risk for a man to take who had a sufficient motive for taking it. but an employee is not obliged to run abnormal risks for the benefit of his employer, at any rate unless he is given insurance cover."

Keywords

insurance; special hazard; staff member's duties; organisation's interest

Consideration 12

Extract:

As to loss of earning capacity on account of long-term invalidity, "there is no general principle by which compensation is restricted to the period of the employee's contract with the employer who is liable. It is quite usual for persons of pensionable age to seek further employment and there is no reason why a loss of earning capacity should not apply to that."

Keywords

complaint allowed; decision quashed; period; duration of appointment; retirement; accident; service-incurred; incapacity; invalidity; compensation; material damages

Consideration 2

Extract:

"the employee does not have to show that he was being asked to do something foolhardy. is is unnecessary [...] to suggest [...] that the order to return to [the duty station] was irresponsible. it was not, except in the sense that it may be irresponsible to require a staff member to return to a high risk area without offering him full insurance cover. certainly, it might be said to be irresponsible for a man with dependants [...] to go [...] without full insurance cover."

Keywords

liability; complainant; organisation; duty station; insurance; special hazard

Consideration 6

Extract:

"The compensation appropriate to a breach of contract is indemnification for loss actually incurred as a result of that particular breach; it cannot, unless the contract expressly so provides, be settled according to a general tariff."

Keywords

liability; organisation; amount; accident; service-incurred; compensation; material damages

Consideration 2

Extract:

if an employer has failed to exercise due skill and care in arriving at a judgment on the safety of the place of work, the employee is entitled to compensation in full against the consequences of the misjudgment. "this principle is to be applied with due regard to the nature of the employment. in some employments there are unavoidable risks. a doctor may have to risk infection and a soldier or a policeman to risk bombs. the question in each case is whether the risk is abnormal having regard to the nature of the employment."

Keywords

organisation; damages; negligence; duty station; special hazard; right

Consideration 1

Extract:

"if there is doubt about the safety of a place of work, it is the duty of the employer to make the necessary inquiries and to arrive at a reasonable and careful judgement [...] if [the employee] accepts the order, as prima facie he is bound to do, and the employer has failed to exercise due skill and care in arriving at his judgment, the employee is, subject to any contrary provision in the contract, entitled to be indemnified in full against the consequences of the misjudgment."

Keywords

organisation; damages; inquiry; negligence; organisation's duties; assignment; duty station; special hazard; acceptance; right



 
Last updated: 03.04.2017 ^ top