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Medical examination (418,-666)

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Keywords: Medical examination
Total judgments found: 42

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  • 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:

    competence of tribunal; expert inquiry; iloat statute; invalidity; judicial review; medical board; medical examination; medical opinion; rate;



  • Judgment 1432


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    It is immaterial to the fact of recruitment that the decision to recruit her [...] may not have followed the necessary formalities. [...] The lack of prior medical clearance for the new post does not amount to a fatal flaw in the mutual agreement between the WHO's agents and the complainant."

    Keywords:

    appointment; contract; lack of consent; medical examination;



  • 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 before the tribunal; receivability of the complaint; safeguard;



  • Judgment 947


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

    Considerations 2-3

    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 a 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 894


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is mistaken to contend that an appointment cannot be terminated until there has been a proper medical check-up as prescribed by the Rules. [...] In fact [the check-up] is the consequence of termination."

    Keywords:

    consequence; contract; fixed-term; medical examination; non-renewal of contract; organisation's duties; separation from service;



  • 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:

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



  • 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; medical certificate; medical consultant; medical examination; medical fitness; medical opinion; organisation; refusal; sick leave;



  • Judgment 620


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

    Consideration 2

    Extract:

    The complainant suffers from angina pectoris; he did not receive regular medical examinations. The organization's breach of its duty deprived him of an opportunity to take precautions against an illness which has impaired his work capacity. The complainant is entitled to damages. "The award cannot be the full amount which would have been due had [the illness] been attributable beyond peradventure to the performance of official duties. But the FAO is liable in damages for injury the complainant may have suffered."

    Keywords:

    illness; injury; material damages; medical examination; organisation's duties; service-incurred;

    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;

    Consideration 2

    Extract:

    The organization holds that the complainant need only to have asked for an examination to have had one. As a rule, every provision of the Regulations is intended to be put into effect, with the exception of those stated not to be binding. "There is no reason to suppose that the FAO was free to disregard [the provision on regular medical examinations]. In fact, in giving officials of the age of 55 or more a right to an examination every six months, the rule implies that the FAO is under a duty to have staff in other age groups examined."

    Keywords:

    illness; medical examination; organisation's duties; service-incurred;

    Consideration 4

    Extract:

    "The complainant submits that the experts ought to have consulted each other, not just in writing and by telephone but by meeting together. The argument is a sound one. The arrangements they made were indeed open to criticism. Whatever the FAO may say, traffic congestion [...] was not a valid reason for their not meeting to discuss a case which deserved more respectful consideration than they gave it. There is no certainty that their views would have been any different had they held a meeting. But it is possible that they would, and the complainant is right to advance the plea in support of his claim for damages."

    Keywords:

    damages; flaw; medical board; medical examination; procedural flaw;



  • 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 of employment; tribunal;



  • Judgment 528


    49th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is for the employer to make proper arrangements for a comprehensive check-up of the applicant for employment. To expect him to prove that he is in perfect health would be to require him to disprove the existence of any impairment, and that is simply not feasible. [...] The burden is [however] on [the complainant] to satisfy the Tribunal with positive proof, that his impairment was service-incurred."

    Keywords:

    appointment; burden of proof; complainant; illness; medical examination; medical fitness; organisation; service-incurred;



  • 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 of contract; medical examination; refusal; sick leave;



  • Judgment 339


    40th Session, 1978
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The parties are bound by a contract for conditional appointment. One condition relates to "government and other internal clearances". The dossier contains no explanation of what this phrase means. "[S]ince it occurs in a document composed and proffered by the organization it is for the organization in the first place to attribute a meaning to it. Without this elucidation the Tribunal cannot hold that the condition has not been fulfilled [...]."

    Keywords:

    acceptance; condition; contract; judicial review; medical examination; member state; offer;



  • Judgment 214


    31st Session, 1973
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant was dismissed for having abandoned his post. Immediately before the end of their contracts, officials are required to undergo an examination by the staff physician. "The complainant was not so examined. Non-compliance with this rule does not of itself render a termination invalid."

    Keywords:

    abandonment of post; condition; contract; fixed-term; medical examination; organisation's duties; separation from service; termination of employment; unauthorised absence;



  • Judgment 175


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

    Consideration 1

    Extract:

    The Internal Advisory Committee "made its recommendation only after a thorough examination of the case, as a result of which the Tribunal is in possession of all the facts it needs to reach a decision. It is therefore unnecessary to call for an expert medical opinion."

    Keywords:

    advisory body; advisory opinion; expert inquiry; medical examination; submissions;



  • Judgment 162


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

    Consideration 3

    Extract:

    "[I]t is unnecessary to consider whether the complainant underwent the medical examination provided for by [the Staff Rule], since this formality is merely a consequence of dismissal and not a condition of its validity. In any event the provisions concerning sickness leave were no impediment to dismissal, since [the applicable provision] provides that the right to sickness leave expires on the expiry of the contract."

    Keywords:

    condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;



  • Judgment 161


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

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;



  • Judgment 160


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

    Consideration 4

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;



  • Judgment 159


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

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;



  • Judgment 154


    23rd Session, 1970
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2(C)

    Extract:

    The Director-General was not obliged to postpone the complainant's re-assignment because of alleged ill health. The disorders cited did not afford sufficient proof that he was unable to comply with the transfer order. The medical certificate bears a date later than the date of the complainant's scheduled departure. "In any event, it was not incumbent on the organisation to carry out automatically any inquiry into the complainant's state of health."

    Keywords:

    health reasons; medical examination; organisation's duties; time limit; transfer;

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