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Health reasons (411,-666)

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Keywords: Health reasons
Total judgments found: 23

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  • Judgment 4177


    128th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term appointment for health reasons.

    Judgment keywords

    Keywords:

    fixed-term; health reasons; termination;



  • Judgment 4176


    128th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment following the abolition of his post and the unsuccessful redeployment process.

    Judgment keywords

    Keywords:

    health reasons; redeployment; termination;



  • Judgment 4064


    127th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges a request made by the Administration of the FAO that he provide comments, while he was on certified sick leave, on a report issued by the Investigation Panel appointed to investigate allegations of harassment against him.

    Considerations 8-9

    Extract:

    Based on the evidence before the Tribunal, there is nothing in the FAO rules regime and no proven practice which provide guidance on how the requirement of Part II(b)(iv)(g) of the Policy on the Prevention of Harassment is to be fulfilled where a staff member who is accused of harassment is on certified sick leave. Given the FAO’s duty under the Policy on the Prevention of Harassment to investigate harassment complaints, it is reasonable that it could ask a staff member who is on sick leave to comment upon an IP report if doing so would not exacerbate the illness which occasioned the grant of sick leave and if she or he is fit to do so.
    [...] In the Tribunal’s view, the FAO took reasonable steps to discharge its duty to accord due process to the complainant, as well as its duty of care and its duty to be fair to him, while it sought to discharge its duty to implement its Policy on the Prevention of Harassment.

    Keywords:

    due process; duty of care; harassment; health reasons; inquiry; medical fitness; sick leave;



  • Judgment 3953


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to impose upon her the disciplinary measure of downgrading and to recover from her undue payments through monthly deductions from her salary.

    Consideration 13

    Extract:

    Regarding the question of the complainant’s health condition and the Disciplinary Committee’s failure to seek an expert medical opinion, the Tribunal notes that the Disciplinary Committee took account of the complainant’s state of health as a mitigating factor when deciding the proportionality of the recommended sanction.

    Keywords:

    disciplinary measure; health reasons; mitigating circumstances;



  • Judgment 3887


    124th Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to dismiss him, for misconduct, with immediate effect and with reduction of pension entitlements.

    Judgment keywords

    Keywords:

    disciplinary procedure; health reasons; misconduct;

    Consideration 16

    Extract:

    [I]n the absence of an expert psychiatric opinion that the complainant was not suffering from a psychiatric illness, it would be unlawful for the President to dismiss the complainant for misconduct, which, in this case, involves intentional behaviour, though he plainly could for unsatisfactory service.

    Keywords:

    health reasons; misconduct;



  • Judgment 3744


    123rd Session, 2017
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the FAO’s decision to terminate his appointment for health reasons.

    Judgment keywords

    Keywords:

    health reasons; termination;



  • Judgment 3733


    123rd Session, 2017
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision dismissing his two internal appeals on health-related claims.

    Judgment keywords

    Keywords:

    health reasons;



  • Judgment 3687


    122nd Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns WHO’s decision to terminate her appointment for health reasons.

    Judgment keywords

    Keywords:

    health reasons; termination;



  • Judgment 3574


    121st Session, 2016
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the termination of his appointment for health reasons.

    Judgment keywords

    Keywords:

    health reasons; right to reply; termination;



  • Judgment 3484


    120th Session, 2015
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the FAO’s rejection of his request to be transferred back to the Security Service.

    Judgment keywords

    Keywords:

    health reasons; transfer;



  • Judgment 2616


    102nd Session, 2007
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "The failure of the [Joint Disciplinary Committee] and, in turn, the Director-General to take into account the highly relevant evidence as to the complainant's health [...] constitutes an error of law."

    Keywords:

    advisory body; complaint allowed; complaint allowed in part; disciplinary procedure; disregard of essential fact; evidence; executive head; health reasons; organisation's duties;



  • Judgment 1425


    79th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant argues that an international official who is unfit for work may be dismissed only for reasons of health. "That is beside the point because hers is not a case of dismissal. What happened was that [...] CERN refused to renew her appointment".

    Keywords:

    complainant; contract; health reasons; incapacity; non-renewal of contract; separation from service; sick leave; termination;



  • Judgment 1233


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "At the time of her dismissal for reasons of health under Staff Regulation 9.1 she was no longer able to carry out her duties and therefore met the conditions in that Regulation. The organization [...] afforded her all the safeguards international civil servants are entitled to. So there was no abuse of authority."

    Reference(s)

    Organization rules reference: UNESCO STAFF REGULATION 9.1

    Keywords:

    decision; health reasons; incapacity; medical fitness; misuse of authority; right to reply; staff regulations and rules; termination;

    Consideration 9

    Extract:

    The complainant seeks the quashing of her dismissal for reasons of health. Such dismissal, she maintains, was wrong unless her incapacity was total. The claim "is receivable because several times she sought the quashing of her dismissal and put the matter to the Appeals Board. Though she did withdraw several appeals that were before the Board she never expressly waived her objections to dismissal."

    Keywords:

    claim; health reasons; internal appeal; internal remedies exhausted; receivability of the complaint; termination; waiver of right of appeal; withdrawal of suit;



  • Judgment 641


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    for health reasons the official's workload was supposed to be reduced. in reality, he made up for sick leave of two afternoons a week by working two mornings a week overtime. "such an arrangement was obviously improper. [...] it is quite wrong for an employer [...] to allow such arrangements with a staff member whom it recognises as being on sick leave yet who, from a sense of professional responsibility or for some other reason, volunteers to do more work than he is authorised to do. the [organization] was therefore at fault and the question of its liability does arise."

    Keywords:

    compensatory measure; flaw; health reasons; liability; organisation; overtime; part-time employment; 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 ended for reasons of health, refused disclosure of his medical file. "he [...] produces several certificates from doctors who have treated him. while not questioning their professional competence, the tribunal will observe that the certificates have no value as evidence since the complainant refuses to let the who physician state his opinion. the complainant's position has destroyed the parity there should be between the parties, and the tribunal can restore it only by discounting the medical certificate she has produced."

    Keywords:

    adversarial proceedings; appraisal of evidence; disclosure of evidence; evidence; health reasons; medical certificate; termination;

    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 541


    49th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    When rendering his opinion, the organization's doctor took insufficient account of essential facts. "The complainant is therefore entitled to relief. The relief can take the form of re-instatement, which is one of the remedies sought by the complainant, or the payment of compensation, which is an alternative remedy sought. In the circumstances of this case, the latter solution appears more desirable [...]."

    Keywords:

    health reasons; material damages; reinstatement; subsidiary; termination;

    Considerations

    Extract:

    The complainant was classified "unfit for employment". Her appointment was terminated. The Tribunal found that in failing to accord the medical opinion of the complainant's personal physician the serious and thorough consideration it deserved, the organization's chief medical officer took insufficient account of an essential fact. The decision suffers from a defect which the Tribunal will take into consideration.

    Keywords:

    complaint allowed; decision quashed; disregard of essential fact; health reasons; medical consultant; medical fitness; medical opinion; termination;



  • Judgment 376


    42nd Session, 1979
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "... the tribunal will accept the unanimous opinion of the medical board, which consisted of three especially well-qualified physicians..." the organization was unable to find a post which, on the advice of the physicians, would have been suitable. the complainant's performance was not beyond criticism but the main reason for the impossibility of finding a suitable post for her "was that her duties were highly technical and so there were few posts suitable for her". her appointment was terminated correctly.

    Keywords:

    health reasons; medical board; medical opinion; termination; unsatisfactory service;



  • Judgment 248


    34th Session, 1975
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "a staff member cannot properly be dismissed for reasons of health unless he is no longer physically or mentally fit for work."

    Keywords:

    condition; health reasons; incapacity; medical fitness; termination;



  • Judgment 192


    29th Session, 1972
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    provision is made under the staff rules "for termination of the appointment of a staff member who during his probationary period proves unsuitable for his post on medical grounds. any decision taken under this provision lies within the director-general's discretion, and can therefore be set aside by the tribunal only if..."

    Keywords:

    discretion; enforcement; health reasons; judicial review; medical fitness; probation; provision; staff regulations and rules; termination;

    Consideration 2

    Extract:

    the complainant had been admitted to hospital suffering from a nervous breakdown. "the director-general did not ... exceed his discretion in failing to inquire into the working conditions prevailing at the complainant's place of employment. whether or not the complainant's criticisms are justified, the fact remains that he reacted to the alleged difficulties in an abnormal manner which gave plausibility to the possibility of a relapse and appeared to justify his termination under" the applicable provision.

    Keywords:

    discretion; executive head; health reasons; inquiry; probation; project personnel; qualifications; refusal; termination; working conditions;



  • Judgment 160


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant had been on leave and then fell sick. He should have informed the registrar or have taken steps to ensure that the communication containing the memorandum in reply to his complaint was forwarded to him. "Consequently it was his own fault that he did not receive the communication [...] and did not reply within the time limit. There is therefore no reason to grant him a further time limit for his reply. Moreover, this could have been done only if it had been requested before the expiry of the original time limit. [...] The complainant's application was tardy." Since the dossier contains several memoranda by the complainant, the Tribunal can take its decision in full knowledge of the facts.

    Keywords:

    closure of written proceedings; complainant; delay; health reasons; negligence; new time limit; rejoinder; submissions;

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Last updated: 12.08.2019 ^ top