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Expert inquiry (161, 162,-666)

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Keywords: Expert inquiry
Total judgments found: 23

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  • Judgment 4117


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the finding that his invalidity was not caused by an occupational disease.

    Consideration 7

    Extract:

    It does not matter, for present purposes, whether the [Medical] Committee is bound to accept the views of the expert. But what, as an absolute minimum, the Committee must do is give earnest and substantial consideration to the views of the expert or experts it has consulted, and it can reject their views only for cogent and compelling reasons.

    Keywords:

    expert inquiry; medical board;



  • Judgment 3246


    116th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complainant refused to undergo a new medical examination that the Tribunal had ordered. The Tribunal considered that it could not rule on the complaint which is thus dismissed.

    Consideration 2

    Extract:

    "The Tribunal finds that, as the complainant wilfully refused to undergo the specialised medical examination ordered in Judgment 3145, it is not in a position to rule on her complaint, which must therefore be dismissed."

    Reference(s)

    ILOAT Judgment(s): 3145

    Keywords:

    expert inquiry; medical examination; refusal;

    Judgment keywords

    Keywords:

    expert inquiry; staff member's duties;



  • Judgment 2973


    110th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "By failing to deal with the informal complaints in a manner consistent with its own policy, by failing to conduct an investigation in a timely manner when a formal complaint was filed and then by terminating the investigation, WHO breached its duty of care toward the complainant and caused her serious injury."

    Keywords:

    breach; claim; duty of care; expert inquiry; harassment; inquiry; moral injury; organisation's duties; written rule;

    Consideration 15

    Extract:

    Organisation's failure to fully investigate allegations of harassment.
    "[T]he long delay seriously compromised the integrity of the investigative process. In addition to the diminishing recollection of events with the passage of time, potential witnesses are no longer available. As well, with the passage of time, it may be that those individuals in the Administration responsible for ensuring the protection of the staff member concerned are no longer with the Organization. If so, this would effectively preclude any accountability for the failure to protect a staff member if a finding of harassment were to be made."

    Keywords:

    appraisal of evidence; breach; delay; evidence; expert inquiry; harassment; inquiry; lack of evidence; liability; organisation's duties;



  • Judgment 2083


    92nd Session, 2002
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    The complainant suffered from retinal detachments and a detachment of the vitreous. The organization recognised her eye condition as service incurred. In "September 1998 [...] the [organization] decide[d] to stop reimbursing the bills [she submitted] on [the] grounds [...] that curing her retinal detachments was no longer the object of the treatment. However, it did not show that the service-incurred injuries were not a "direct and principal" cause of the treatment [... ] The Tribunal takes the view that although, as the organization says, the decision to stop reimbursing the bills was at the discretion of the Director-General, it could not be taken without an independent expert medical opinion obtained through a process which provides all the safeguards of transparency and impartiality." The case is therefore sent back to the organization.

    Keywords:

    accident; case sent back to organisation; complaint allowed; consequence; decision; discretion; due process; executive head; expert inquiry; grounds; illness; independence; insurance benefit; lack of evidence; medical opinion; organisation; organisation's duties; procedure; refund; refusal; safeguard; service-incurred;



  • Judgment 1870


    87th Session, 1999
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Mr. B., intervening in a previous case, had resorted to an expert in graphology in order to prove that the complainant, who contested his appointment to a post, had falsified documents. He seeks reimbursement of the costs incurred in obtaining this expert opinion. "The steps he took were not necessary since, when expert opinion is required, it is for the Tribunal to order it on its own motion or on the application of another party (Article 11 of the Rules of the Tribunal). Mr. B. should therefore have confined himself to submitting the question to the Tribunal, which would have judged the pertinence of the matter and the validity of the proof supplied. The costs which he incurred in obtaining an extra-judicial expert opinion, which cannot replace a judicial expert opinion, were not therefore necessary." So they are not reimbursable by the organisation.

    Reference(s)

    ILOAT reference: ARTICLE 11 OF THE TRIBUNAL'S RULES

    Keywords:

    complaint; complaint allowed; complaint allowed in part; cost of expert inquiry; expert inquiry; further submissions; intervention; submissions;



  • Judgment 1771


    85th Session, 1998
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2 (c)

    Extract:

    "The complainant applies for an expert enquiry to determine whether she is fit for the duties of the post. Firm precedent has it that an executive head must be allowed discretion to determine what services the Organisation needs and whether someone is able to provide them, and that the Tribunal may exercise only a limited power of review over decisions on such matters. To allow the complainant's application for expert inquiry would be to assume that the Tribunal might replace the Director General's assessment of her with its own and would be alien to the notion of limited review [...]."

    Keywords:

    case law; competition; complaint allowed; complaint allowed in part; discretion; executive head; expert inquiry; judicial review; qualifications; refusal;



  • Judgment 1516


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "The complainant wants the Tribunal to 'declare that UNESCO has failed to act and itself make the final determination [regarding the degree of her invalidity] that the organization has for years been refusing' her. Having put up with years of dilatoriness and prevarication,she is understandably anxious to have her entitlements speedily determined. Being unable, however, to rule on the medical aspects of her case, the Tribunal has no choice but to send the case back to the organization for completion of the process of review in keeping with the rules."

    Keywords:

    case sent back to organisation; competence of tribunal; complaint allowed in part; decision quashed; expert inquiry; iloat statute; invalidity; judicial review; medical board; medical examination; medical opinion; rate;



  • Judgment 1373


    77th Session, 1994
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    "In this judgment, which is an interlocutory order, the Tribunal will follow the precedent it set in Judgment 875 [...]. It orders two expert inquiries. It will appoint both a scientific expert and a medical expert, and their terms of reference will be as set out in the operative points of the decision below."

    Reference(s)

    ILOAT Judgment(s): 875

    Keywords:

    case law; complaint allowed; complaint allowed in part; decision quashed; expert inquiry; further submissions; interlocutory order;



  • Judgment 1248


    74th Session, 1993
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant "applies to the Tribunal for appointment of an expert to inquire into the scientific issues. His application is disallowed because the evidence he submits casts no doubt on the soundness of the medical opinion the organisation is relying on. For the same reason the Tribunal rejects his application for hearings."

    Keywords:

    advisory opinion; appraisal of evidence; expert inquiry; further submissions; medical opinion; oral proceedings; refusal; tribunal;



  • Judgment 1180


    73rd Session, 1992
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant argues that the Agency ought to have consulted an independent doctor. But there was no requirement in the Rules that it refer the complainant's case to outside doctors; indeed the Director General was right to rely on Eurocontrol's own medical officer, who was authorised to assess the position both by his own lights and in view of the opinion expressed by the complainant's own doctor. The complainant has not adduced any evidence to suggest that the Agency's medical officer made an improper assessment either of the state of the complainant's health or of the nature of the treatment he received [...] There is therefore no reason for the Tribunal to seek further expert advice".

    Keywords:

    expert inquiry; illness; medical consultant; medical opinion;



  • Judgment 1104


    71st Session, 1991
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was asked to report to an expert medical examination to examine his fitness for shift work. He objects to questions the organization put to the expert. Though the complaint is receivable, the Tribunal dismisses it on the merits since the material questions were relevant to the dispute and did not deprive the complainant of any safeguard. Once the medical expert has reported and the administrative decision been taken, the complainant may submit a further complaint bearing on the dispute as a whole.

    Keywords:

    expert inquiry; incapacity; medical examination; medical fitness; organisation's duties; procedure; receivability of the complaint; safeguard;



  • Judgment 947


    65th Session, 1988
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 3

    Extract:

    "the tribunal accepts the findings of the medical inquiry, which establish finally the medical aspects of the case. in view of the findings the tribunal, before delivering final judgment, requires from the complainant his replies to the following questions: (1) what invalidity pension is he claiming in compensation for total work disability caused as to 50 per cent by the accident ? (2) what is the total amount he is claiming in compensation for loss of function of the foot and of this amount what portion is attributable to loss of enjoyment of life ?"

    Keywords:

    disability benefit; expert inquiry; further submissions; incapacity; interlocutory order; invalidity; loss of enjoyment of life; medical examination;



  • Judgment 875


    63rd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the information available does not enable the tribunal to assess whether the accident of 3 april 1982 resulted in all the permanent injuries now suffered by the complainant or only in the permanent injury to his left foot. in these circumstances an examination should be carried out by a medical expert whose terms of reference are set out below."

    Keywords:

    accident; expert inquiry; further submissions; incapacity; interlocutory order; invalidity; medical examination; rate; service-incurred;



  • Judgment 620


    53rd Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the tribunal may not substitute its own views for those of the experts. it will not entertain the complainant's plea that their findings were superficial, illogical or at variance with up-to-date medical opinion. the material issue is whether correct procedure was observed in consulting them.

    Keywords:

    competence of tribunal; expert inquiry; judicial review; medical examination; medical opinion;



  • Judgment 607


    52nd Session, 1984
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    the director-general's decision to refuse the complainant sick leave is quashed. the duration of sick leave "may be determined only after medical inquiry. but the tribunal will not order the submission of further evidence. when unesco comes to execute this judgment the parties should be able to reach agreement [...] failing that, the complainant may always come before the tribunal again."

    Keywords:

    expert inquiry; medical examination; period; sick leave;



  • Judgment 595


    51st Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the complainant, whose contract was terminated for health reasons, declined to allow access to his medical file, he applies for an expert inquiry. "this claim [...] fails. the tribunal is never bound to order such an inquiry". the tribunal does not believe an inquiry necessary to ascertain the truth. "in coming to that view it is not making an appraisal of fact which is outside the competence of its members; this is no more than the consequence in law of the fact of the complainant's refusal to allow disclosure of the medical file."

    Keywords:

    complainant; expert inquiry; health reasons; medical examination; refusal; request by a party; termination; tribunal;



  • Judgment 487


    48th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the tribunal finds wilful harassment neither in the refusal to extend the period of sick leave nor - on account of the considerations relied on by the administration - in the summons [...] to the complainant [...] to see the [organization's] medical officer on the same day, nor in the refusal to hold an independent medical examination - a procedure for which there is no provision in the staff regulations and staff rules. on the contrary, the organization acted in the normal exercise of its authority."

    Keywords:

    expert inquiry; extension; medical examination; refusal; sick leave;



  • Judgment 480


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the tribunal regards "the true measure of the complainant's loss" as the amount of the pension to which he is entitled. "if the parties cannot agree upon this actuarial calculation or upon an actuary whose calculation they would accept, the matter must come back to the tribunal, which, acting under article 11 of the rules of court, will appoint an expert to fix the sum."

    Reference(s)

    ILOAT reference: ARTICLE 11 ILOAT RULES OF COURT
    ILOAT Judgment(s): 427

    Keywords:

    amount; damages; expert inquiry; injury; tribunal;



  • Judgment 442


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    by contending that the tribunal did not order an expert medical inquiry, the complainant objects that a particular means of obtaining evidence was not used. but the failure to admit evidence is not a valid reason for review.

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    application for review; expert inquiry; failure to admit evidence; inadmissible grounds for review;



  • Judgment 324


    39th Session, 1977
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    the tribunal "cannot tell exactly what [was the nature of the computer operation] the complainant [carried out]. he has not produced any document ... to shed light on the matter or any precise information on the nature of the charges against him. since documents and explanations are lacking, the complainant's request for an expert inquiry should be dismissed."

    Keywords:

    complainant; disclosure of evidence; expert inquiry; no cause of action; refusal; request by a party; tribunal;

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Last updated: 12.08.2019 ^ top