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Judgment No. 4228

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to reject his request for compensation for loss of earnings allegedly caused by a service-incurred injury.

Judgment keywords

Keywords

injury; service-incurred; complaint dismissed

Consideration 2

Extract:

The present complaint hinges primarily on a question of law: whether or not the complainant is entitled to compensation for loss of earnings under the FAO Manual Section 342 on Compensation for Death, Injury or Illness. The Tribunal is satisfied that the complainant is not entitled to compensation for loss of earnings; he is only entitled to the salary and allowances provided by his contract with the FAO plus the reimbursement of his medical expenses stemming from his service-incurred injury, which he received in full.

Keywords

injury; service-incurred; material damages; loss of earnings

Consideration 6

Extract:

According to that provision [Manual paragraph 342.6.522], the ACCC is not required to hold hearings, and as the case at hand regarded only a question of law, the Tribunal finds no flaw in the ACCC’s determination that hearings were unnecessary.

Keywords

oral proceedings; internal procedure

Consideration 6

Extract:

With regard to the failure to disclose the internal documentation, the Tribunal finds that the complainant was informed of the ACCC’s recommendation in the letter dated 2 December 2014 in which the Director-General’s decision to reject his claim was communicated to him. There was no breach of any due process rights as the complainant was informed of the substance of the ACCC’s recommendation, as well as the Director-General’s final decision. The complainant was provided with sufficient elements to understand the reasoning for rejecting his claim and to exercise his right of appeal.

Keywords

duty to substantiate decision; disclosure of evidence; due process; motivation

Consideration 7

Extract:

The claim regarding excessive delay in the internal proceedings leading to the final decision of 3 November 2017 is unfounded. The Tribunal finds that the duration of the proceedings cannot be considered egregious, given that the complainant’s request for reimbursement of medical expenses was approved immediately and that the procedure regarding his request for compensation for loss of earnings included many steps prior to the internal appeal before the Appeals Committee. The Tribunal further notes that there was no urgency to the question regarding loss of earnings that could not be remedied through a retroactive payment if necessary, and that the complainant has not provided convincing evidence of an injury stemming from the length of the procedure.

Keywords

moral injury; delay in internal procedure



 
Last updated: 22.06.2020 ^ top