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Accident (402, 403, 404, 405,-666)

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Keywords: Accident
Total judgments found: 22

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  • Judgment 4080


    127th Session, 2019
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims that the Organisation has breached its duty of care towards him following an accident at work, involving a contractor, which resulted in national judicial proceedings.

    Judgment keywords

    Keywords:

    accident; duty of care;



  • Judgment 3215


    115th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complainant did not exhaust internal remedies concerning her claim of harassment and failed to prove negligence on the part of IAEA, the Tribunal dismissed her complaint.

    Consideration 12

    Extract:

    "As discussed in Judgment 2804, negligence is the failure to take reasonable steps to prevent a foreseeable risk of injury. Liability in negligence is occasioned when the failure to take such steps causes an injury that was foreseeable. A person seeking damages for negligence bears the burden of establishing the factual foundation on which the claim is based."

    Reference(s)

    ILOAT Judgment(s): 2804

    Keywords:

    accident; burden of proof; evidence; general principle; injury; liability; material damages; negligence; organisation's duties; service-incurred; working conditions;



  • Judgment 2843


    107th Session, 2009
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 6

    Extract:

    As a result of slipping on liquid in the Office's underground car park, the complainant suffered a fracture of the leg.
    "The complainant contends [...] that the Office breached the duty of care owed to its employees by failing to provide a safe work environment. He maintains that the Office was negligent in its cleaning and maintenance of the car park and claims that it should have been mopped instead of just swept on a weekly basis and that the security staff were not specifically trained to check for and report oil or water stains."
    "Given the nature of the premises, namely a car park, it cannot be concluded that it was reasonable for the Office to take measures in addition to those that were in place at the time of the accident. In particular, it cannot be concluded that it should have arranged for the mopping rather than the sweeping of the floors. Moreover, it has not been established that, even if additional measures had been taken, they would have eliminated the risk of injury. Accordingly, negligence has not been established and the complaint must be dismissed."

    Reference(s)

    ILOAT Judgment(s): 435, 2533, 2804

    Keywords:

    accident; general principle; invalidity; liability; material damages; organisation's duties; service-incurred;



  • Judgment 2533


    101st Session, 2006
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 26

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "[G]iven the possibly progressive nature of [the illness], the condition may continue to deteriorate seriously. [...] the Tribunal asserts unequivocally that the defendant's obligation to pay the complainant reasonable compensation for the results of his workplace injury is a continuing one and is not affected or diminished by the terms of an insurance policy to which the complainant is not a party."

    Keywords:

    accident; complaint allowed; complaint allowed in part; consequence; disability benefit; handicapped person; illness; insurance; insurance benefit; invalidity; maximum limit; organisation's duties; provision; service-incurred;

    Consideration 6

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "It is common for a mature legal system to provide compensation on a 'no fault' basis to employees who suffer workplace injuries; the law of the international civil service can do no less."

    Keywords:

    accident; applicable law; complaint allowed; complaint allowed in part; general principle; handicapped person; international civil servant; international civil service principles; invalidity; material damages; organisation's duties; service-incurred;

    Consideration 22

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "The absence of an indexation clause [of the "disability pension"], however, does not remove the defendant's obligation to provide the complainant with adequate compensation. The concern that the utility of the award may be reduced through spoliation is very real and could, in times of high inflation, conceivably, have the effect of negating the very purpose of the disability pension which is to make the complainant whole despite his service-related injury. That is only a possibility, however, and the Tribunal is reluctant to order indexation as a matter of routine when the feared spoliation may never occur to an extent significant enough to seriously affect the complainant's position. Exceptionally, the Tribunal will frame its order in such a way that the complainant may apply at a future date for an adjustment to any ongoing pension payments when and if the purchasing power of such payments has been reduced by at least 10 per cent. Such applications should be by way of request for the execution of the present judgment."

    Keywords:

    accident; adjustment; application for execution; complaint allowed; complaint allowed in part; cost-of-living increase; disability benefit; handicapped person; invalidity; organisation's duties; reckoning; service-incurred;

    Consideration 18

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "[T]he expenses of necessary adaptations to house and car are on no different footing than other necessary expenses incurred as a consequence of the complainant's service-related injury and must be reimbursed."

    Keywords:

    accident; complaint allowed; complaint allowed in part; handicapped person; insurance benefit; invalidity; organisation's duties; refund; service-incurred;



  • Judgment 2190


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is incomprehensible that no internal administrative investigation was conducted following an accident which involved a [...] vehicle [of the organization] driven by an employee of the organization in the context of an official mission, and which caused the death of two passengers, one of whom was a [...] staff member [of the organization], as well as the serious injuries suffered by the complainant. The fact that the Namibian authorities opened their own enquiry could not in any way exempt the organization from ascertaining whether the condition of the vehicle, the preparation of the mission and, more generally, the circumstances of the accident revealed any administrative failure, the consequences of which it would have a duty to bear. [...] There is no evidence to suggest that any internal enquiry whatsoever was conducted in connection with this accident. This failure caused the complainant an injury which the Tribunal considers to be equitably compensated by an award of 5,000 United States dollars."

    Keywords:

    accident; complaint allowed; complaint allowed in part; injury; inquiry; material damages; member state; misconduct; moral damages; omission; organisation's duties; service-incurred;



  • Judgment 2091


    92nd Session, 2002
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 12

    Extract:

    The complainant had an accident while on duty. He signed a settlement agreement with the organisation and the CERN Pension Fund in order to solve the issue of the payment of an incapacity pension by the pension fund. "The ESO submits the complaint is not receivable as it does not allege non-observance of the terms of the complainant's appointment or of the [organisation]'s rules and regulations [...]. The Tribunal considers that since the settlement between the complainant, the [organisation] and the CERN Pension Fund arises out of the complainant's rights under his contract of employment as well as the Staff Rules and Regulations, it has jurisdiction to consider the effect of the trilateral agreement."

    Keywords:

    accident; breach; cern pension fund; competence of tribunal; complainant; complaint; complaint allowed in part; consequence; contract; definition; effect; iloat; incapacity; judicial review; organisation; payment; pension; provision; receivability of the complaint; right; service-incurred; staff regulations and rules;



  • 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 1606


    82nd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainant's case is that his earning capacity has been impaired, not directly, but merely indirectly in that travel is essential for any employment for which he is suited and his condition [following a service incurred accident] has made it difficult, if not impossible, for him to travel. The burden therefore lay on him in the internal proceedings to show that any suitable employment would entail an appreciable amount of travel."

    Keywords:

    accident; burden of proof; evidence; incapacity; injury; service-incurred;



  • Judgment 1389


    78th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    "The international organisation is under no duty to insure its expert against any adverse effects on him that the national postal department may draw from conclusions about the nature of an accident that has befallen him while on mission for the organisation. So any claim that the expert may make that goes beyond those limits should be made to the national department, which will deal with it according to its own rules. Nor indeed may the Union or the Tribunal intervene in the area of the department's competence."

    Keywords:

    accident; applicable law; competence of tribunal; domestic law; insurance; organisation's duties; project personnel;



  • 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 770


    59th Session, 1986
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant was injured in an aircraft accident while on an official mission. he sought compensation from the airline whose plane had caused the accident. the airline agreed to conclude a reasonable settlement. the complainant never disclosed the amount of the payment made to him. under the circumstances, the tribunal holds that it was proper for the organization to deny the complainant further benefits. indeed, paragraph 32 of annex e to the who manual releases the compensation scheme from the obligation to make payments to a staff member who has obtained satisfaction through a third party.

    Reference(s)

    Organization rules reference: PARAGRAPH 32 OF ANNEX E TO THE WHO MANUAL

    Keywords:

    accident; accumulation; illness; insurance; insurance benefit; organisation; refusal; service-incurred;



  • Judgment 664


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    the complainant, who was the victim of an accident, took up duty after the date originally agreed upon. the date on which she took up duty was set as her date of appointment. the delay in her recruitment did not lead to novation of the whole contract. only one of the terms of the contract was altered. the others remained in force and were applied in full. the suspension of the contract did not lead to its annulation. if it had, the organisation might have refused to appoint the complainant when she became fit to start work. "yet that would have been neither fair nor reasonable."

    Keywords:

    accident; amendment to the rules; appointment; contract; date; elements;

    Consideration 3

    Extract:

    "the plea will not succeed if he who alleges force majeure was himself responsible for the occurrence. thus it must fail where he was himself negligent or, though not negligent, put himself in such a position as to incur risk of the occurrence. moreover, the plea will fail even if there is no direct and necessary link between the victim's behaviour and the occurrence." thus, while indulging in a sport like skiing does not constitute negligence, there is no force majeure in the event of an accident during the practice of such a sport.

    Keywords:

    accident; cause; complainant; force majeure; liability;

    Consideration 2

    Extract:

    the service regulations provide for the date on which an appointment takes effect not to be prior to the date on which the official takes up his duties except in case of force majeure. this is "a corollary of the general rule that a unilateral act may not be retroactive." the organisation held "the belief that one term of the contract which governed relations between the two sides had proved unenforceable because of an incident beyond its control." the complainant, who had been injured in an accident, was not fit to report for duty on the date she was due to start; there was not force majeure.

    Keywords:

    accident; appointment; contract; date; exception; force majeure;



  • Judgment 548


    50th Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the time limit for submitting an internal appeal had long since expired when the complainant appealed to the appeals board. "the acceptance of his resignation had by then become final and was no longer open to challenge. his involvement in a serious accident [...] did not have the effect of suspending the time limit. the director therefore correctly applied the rules in dismissing the appeal which the complainant addressed to him against the decision [to reject the internal appeal as being time-barred and therefore irreceivable]."

    Keywords:

    accident; exception; internal appeal; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 435


    45th Session, 1980
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

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

    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:

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



  • Judgment 402


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

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

    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:

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



  • Judgment 362


    41st Session, 1978
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "under article ii of its statute the tribunal is open to any official ... who is in dispute with the organisation concerning the compensation provided for in cases of invalidity, injury or disease incurred by him in the course of his employment."

    Reference(s)

    ILOAT reference: ARTICLE II ILOAT STATUTE

    Keywords:

    accident; competence of tribunal; illness; iloat statute; invalidity; service-incurred;

    Considerations

    Extract:

    "the word 'injury' ... must be given the restricted meaning of physical injury. not only is this consistent with its context, but if it were not so restricted it would be far wider than 'accident' in the french text."

    Keywords:

    accident; iloat statute; interpretation;



  • Judgment 349


    40th Session, 1978
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 31

    Extract:

    "under [the applicable provision] the complainant should have made his claim within six months from the date the injury originated or at latest within six months of the date when its serious consequences became manifest, and this he has failed to do. it is not enough to report the occurrence, as the complainant claims he did to a direct superior or to the organisation's male nurse or medical doctor; there must be a claim for compensation."

    Keywords:

    accident; invalidity; receivability of the complaint; service-incurred; time bar; time limit;



  • Judgment 175


    26th Session, 1971
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    according to the dossier, at least some of the ailments affecting the complainant can be attributed exclusively to his age and not to the sequelae of a service-incurred accident. he cannot be regarded as having a disability affecting his earning capacity which results from that accident. he does not therefore meet the conditions laid down by the material provision. the director-general was justified in refusing to apply the provision to his case.

    Keywords:

    accident; cause; compensation; condition; incapacity; service-incurred;



  • Judgment 148


    23rd Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "[A]lthough the complainant's post-traumatic impairment was assessed at only 30 per cent by the Medical Board, his total incapacity for work is entirely attributable to the accident [...] and all other factors must be excluded. The complainant is accordingly entitled to the annual compensation payments laid down by [the applicable provision], i.e. to two-thirds of his final remuneration calculated on the basis of that provision."

    Keywords:

    accident; cause; disability benefit; incapacity; invalidity; rate;

    Consideration 1

    Extract:

    "[E]ven if the [...] injury would normally result in incapacity of only 30 per cent, it does not follow that the complainant's claim for compensation for total incapacity is unfounded. On the contrary, he would be entitled to such compensation if no factor other than the accident appears to have caused the recognised incapacity."

    Keywords:

    accident; complaint allowed; disability benefit; incapacity; invalidity; rate; service-incurred;

    Consideration 7

    Extract:

    Due to his total incapacity for work, the complainant seeks the reimbursement of medical and pharmaceutical expenses in perpetuity. He "is entitled to reimbursement of such expenses only for as long as his condition so requires."

    Keywords:

    accident; condition; incapacity; insurance benefit; service-incurred;



  • Judgment 141


    22nd Session, 1969
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Interlocutory Order

    Extract:

    "The information at present available does not enable the Tribunal to assess, with full knowledge of the facts, the degree of invalidity from which [the complainant] is at present suffering, nor the extent to which that degree of invalidity is attributable to the accident which he suffered in the course of duty [...]. In these circumstances, and following moreover, the complainant's arguments and in view of the request made by the organization, an examination should be carried out".

    Keywords:

    accident; cause; expert inquiry; further submissions; inquiry; invalidity; medical examination; rate;

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Last updated: 12.08.2019 ^ top