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Medical certificate (415,-666)

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Keywords: Medical certificate
Total judgments found: 6

  • Judgment 3881


    124th Session, 2017
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant him sick leave after his dismissal for misconduct.

    Consideration 9

    Extract:

    [T]he complainant’s confidentiality was breached when, without his consent, the certificate [...], which mentioned the nature of his incapacity, was disclosed to the Appeals Committee with the FAO’s reply in the internal appeal proceedings. The information it contained was then specifically repeated in the Appeals Committee’s report to the Director-General. As a result, the Tribunal finds that the FAO breached the complainant’s right to privacy when confidential medical information concerning the nature of his incapacity was passed to third parties. This aspect of the complaint is therefore well founded and the complainant will be awarded [...] moral damages in the circumstances.

    Keywords:

    confidential evidence; medical certificate; moral damages; right to privacy;



  • Judgment 2271


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The confidential nature of medical information concerning the state of health of staff members constitutes a key element of their right to privacy. It is no doubt both necessary and legitimate for an international organisation, like any employer, to investigate requests for sick leave, to examine medical certificates and to have the health of its staff members checked by appropriate means. Such information should be gathered and processed on a fully confidential basis, however, and should never be communicated to third parties without the explicit consent of the person concerned. [...] The fact that the members of the Appeals Committee are bound by an obligation of confidentiality does not mean that information covered by medical secrecy can be disclosed to them without the consent of the persons concerned."

    Keywords:

    communication to third party; complaint allowed; complaint allowed in part; confidential evidence; internal appeals body; lack of consent; medical certificate; medical records; organisation's duties; right; sick leave;



  • Judgment 1834


    86th Session, 1999
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The organization placed the complainant on special leave without pay in August 1995, and told her in January 1996 that to stay on special leave she would have to provide medical certificates of inability to go back to work. "The complainant contends that her separation was in breach of her special leave status. [The Tribunal holds that] the receipt of [monthly medical] reports by the chief medical officer was clearly a condition of her maintaining special leave status. Her refusal, without persuasive justification, to submit the requested information [over several months] is a breach of that condition and ample indication of her intent to abandon her post."

    Keywords:

    abandonment of post; condition; illness; medical certificate; refusal; special leave; staff member's duties; termination;



  • Judgment 888


    64th Session, 1988
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. He claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. The complainant's dismissal was confirmed by the Chief of personnel. That decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. It was made without the complainant's having fully exercised his right to be heard." Because it is tainted with a procedural flaw, the decision is quashed and the Tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.

    Keywords:

    amount; complaint allowed; decision quashed; flaw; material damages; medical certificate; misrepresentation; moral damages; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination;



  • Judgment 652


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    when the case was referred to the medical adviser, all she did was to telephone [the complainant's] doctor. in the course of their conversation [the doctor] consented to change the earlier certificate and declare that [by a specified date] the complainant was again fit for work. [...] such confabulation between professional colleagues is not in itself objectionable. it would no doubt have been more satisfactory if the two doctors had first carried out a clinical examination. [...] their approach undoubtedly made it harder to establish the facts, and for that the complainant - whom they could have asked to undergo an examination -is not to blame. the burden of proof is therefore on the [organisation]."

    Keywords:

    burden of proof; complaint allowed; decision quashed; medical certificate; medical consultant; medical examination; medical fitness; medical opinion; organisation; refusal; sick leave;

    Consideration 5

    Extract:

    "the mere production of a certificate from a doctor of the official's own choosing does not confer entitlement to sick leave. the organisation may always challenge the certificate on the strength of the opinion of a practitioner it has itself designated".

    Keywords:

    medical certificate; medical consultant; medical opinion; organisation; right; 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;


 
Last updated: 07.11.2019 ^ top