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Judgment No. 3733

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision dismissing his two internal appeals on health-related claims.

Judgment keywords

Keywords

health reasons; complaint dismissed

Consideration 12

Extract:

A cause of action by an official based on the negligence of the organisation that employs her or him contains several elements (see, for example, Judgment 2804, consideration 25). The first is that the organisation has failed to take reasonable steps to prevent a foreseeable risk of injury. The second is that liability in negligence is occasioned when the failure to take such steps causes an injury that was foreseeable.

Reference(s)

Jugement(s) TAOIT: 2804

Keywords

cause of action; negligence

Consideration 13

Extract:

This conclusion is not intended to suggest that an official needs to articulate a claim with the precision that might be expected of a competent lawyer. But something needs to be said by the official which, viewed reasonably, would result in the Administration understanding the true character of the claim and giving it the opportunity to respond appropriately.

Keywords

internal appeal



 
Dernière mise à jour: 01.06.2020 ^ haut