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Judgment No. 435

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2 (A)

Extract:

The complainant claimed compensation for bodily injury in an appeal submitted to the internal appeals board. He claims compensation for loss of earning capacity resulting from the same injury in his claim to the Tribunal. The principle that the facts relied on in the internal proceedings should be the same as those relied on in the complaint to the Tribunal has not been infringed. However, in the internal appeal he claimed compensation of 18,000 francs but is now asking the Tribunal to grant him a larger sum. Insofar as he is seeking compensation exceeding 18,000 francs his complaint is irreceivable.

Keywords

complaint; new claim; receivability of the complaint; internal appeal; amount; incapacity; invalidity; difference; material damages

Consideration 1

Extract:

"this rule means, first, that the complaint to the tribunal must rely on the same essential facts, i.e. issues, as those relied on in the internal appeal proceedings and, secondly, that the complainant's claims must not exceed in scope the claims he submitted in those proceedings. there is nothing, however, to prevent him from making submissions which he did not make in the internal proceedings. since the tribunal will apply the law proprio motu, there is no reason to forbid the complainant to draw to its attention considerations which it may take into account of its own accord."

Keywords

complaint; new claim; receivability of the complaint; internal appeal; internal remedies exhausted; new plea; application of law ex officio

Consideration 5

Extract:

the organization "would have incurred liability beyond the requirements of the staff rules and regulations only if it had exposed the complainant to a degree of danger incompatible with the normal performance of his duties and beyond the requirements of his contract of appointment." this was not the case. there is no need to consider whether the organization had been negligent by failing to take precautions against the accident in question.

Keywords

liability; organisation; assignment; accident; special hazard; service-incurred

Consideration 3

Extract:

"the dispute is between the complainant and the organization which employs him. [it must therefore be judged according to] the relevant terms of the contract and provisions of the staff regulations and staff rules. the provisions of municipal law are therefore irrelevant, and it is immaterial that the complainant is swiss and that the accident [...] occurred on swiss territory."

Keywords

applicable law; staff regulations and rules; provision; contract; accident



 
Last updated: 03.04.2017 ^ top