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Incapacity

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Keywords: Incapacity
Total judgments found: 23

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  • Judgment 2424


    98th Session, 2005
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[T]he Joint Committee [...] refused the complainant's request to reschedule her hearing, yet her request for postponement was justified by the fact that she was declared unfit for work and that the date of the hearing was so close (she was summoned on 4 July in the afternoon for a hearing to be held on 7 July) that it did not leave her time either to prepare her defence properly or to be assisted by a counsel of her own choosing. The Tribunal rejects the reasons given for the refusal to reschedule the hearing, which were that, since the complainant had already been heard by the Joint Committee during the procedure relating to the conversion of appointments, and since the members of the Joint Committee for Disputes considered that the case file provided them with sufficient information, a hearing before the latter Committee was unnecessary. But considering that it was the Joint Committee for Disputes itself which took the initiative of summoning the complainant to a hearing, it could hardly have deemed that hearing to be «unnecessary»."

    Keywords:

    advisory body; complaint allowed; complaint allowed in part; composition; contract; counsel; grounds; incapacity; internal appeal; internal appeals body; oral proceedings; same; sick leave; time limit;



  • Judgment 2145


    93rd Session, 2002
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 to 8

    Extract:

    "In the Organisation's view, since the payments it was making to the complainant were entirely voluntary, a matter of grace and favour on its part, it was quite at liberty to suspend such payments when the complainant failed to fulfil her obligation to submit to the [...] medical examination [required by the Invalidity Committee]. [It] is wrong. The Invalidity Committee's report [...] was categorical in stating that the complainant must be regarded as not fit for work. That means that she was unable to perform her duties and at a minimum she was entitled to receive the emoluments provided for in Article 62(7) unless and until the Invalidity Committee made a further finding putting an end to her sick leave, extending it, or placing her on permanent disability. But, without the authorisation of the Invalidity Committee, the [Organisation] had no right by its own unilateral action to suspend the payments to which she was entitled by law. [...] There can be no doubt that the [complainant] has a clear obligation to assist the Invalidity Committee and to present herself as and when reasonably required to do so for examination or treatment. If she fails to do so, that might constitute grounds for the Invalidity Committee to declare her sick leave at an end or it might form the basis of disciplinary action. [However, the Organisation] cannot take the law into its own hands without regard for the complainant's rights or its own obligations under the Service Regulations. [...] The highhanded actions of the [Organisation] in cutting the complainant's payments are both unjustified and illegal. The impugned decision must be rescinded."

    Reference(s)

    Organization rules reference: ARTICLE 62 (7) OF THE SERVICE REGULATIONS

    Keywords:

    complaint allowed; disability benefit; disciplinary procedure; incapacity; invalidity; medical board; medical examination; medical fitness; organisation's duties; payment; pension entitlements; refusal; right; sick leave; staff member's duties; staff regulations and rules;



  • 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; right; service-incurred; staff regulations and rules;



  • Judgment 1901


    88th Session, 2000
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    The organization refused the complainant both an unsuitability and an invalidity pension. It explains that it couldn't arrange for a final medical examination at the time of the complainant's dismissal because he was in prison. "The Tribunal cannot accept that argument. Under Article R II 4.18 of the Staff Regulations, a medical examination is compulsory when a contract is terminated, for whatever reason. In view of the particular circumstances of the case, [the organization] should have been at particular pains to comply with that rule. In the absence of such an examination the pension fund should have determined whether, upon termination of service, the complainant was to be treated as unfit for work because of a deterioration in his physical or mental health which occurred while he was employed by [the organization]. The administrator of the Pension Fund was, therefore, wrong [...] when he refused to consider the complainant's entitlement to a pension for unsuitability." The case was sent back to the Pension Fund.

    Reference(s)

    Organization rules reference: ARTICLE R II 4.18 OF THE STAFF REGULATIONS OF CERN

    Keywords:

    case sent back to organisation; cern pension fund; complaint allowed; complaint allowed in part; disability benefit; due process; incapacity; invalidity; medical examination; organisation's duties; pension; pension entitlements; procedure; refusal; service-incurred; termination;



  • Judgment 1669


    83rd Session, 1997
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 17 and 18

    Extract:

    "One principle of international civil service law is that a decision on a staff member's status may not work to his detriment before the date at which he had notice of it. [...] The grant of an invalidity pension does not empower the Organisation to make the termination retroactive as from the date set for the start of payment and to disregard the requirement of notice in the rules [...] Here the Council failed to observe the rules."

    Keywords:

    case sent back to organisation; complaint allowed; complaint allowed in part; date of notification; decision; decision quashed; disability benefit; effect; incapacity; international civil service principles; non-retroactivity; notice; termination;



  • Judgment 1665


    83rd Session, 1997
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant argues "that by awarding him the ex gratia benefit [the Governing Board of the CERN Pension Fund] held him to be entitled to a partial incapacity pension. That is not so. The Board had already concluded, since he did not qualify under the Rules, that he was entitled to a pension neither for total nor for partial incapacity. It was prepared to grant him a pension for loss of earning capacity i.e. an 'unsuitability pension'; but, having heard him, it decided as an exceptional measure to grant him instead ex gratia benefits equivalent to the 'partial incapacity pension'. Granting him the equivalent is not the same thing as actually awarding him such a pension."

    Keywords:

    cern pension fund; disability benefit; ex gratia; incapacity; medical fitness;



  • 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 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; 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;



  • 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; safeguard;



  • Judgment 971


    66th Session, 1989
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "besides an annual invalidity pension an employee is entitled under rule 14 of the compensation rules to lump-sum compensation for permanent loss of a member or function [thereof]".

    Keywords:

    compensation; incapacity; invalidity; lump-sum;

    Consideration 18

    Extract:

    "according to the organization's own interpretation of rule 14 the sum awarded in compensation for permanent loss of function is intended to cover loss of enjoyment of life as well and the percentages should be considered to reflect such loss in the 'normal situation'. the tribunal considers that the complainant's case goes beyond the 'normal situation'. [...] the tribunal accordingly awards him a further 5 per cent of the basic figure".

    Keywords:

    compensation; incapacity; invalidity; loss of enjoyment of life;

    Consideration 13

    Extract:

    "the organization is liable only in respect of 50 per cent of the total incapacity. accordingly, the tribunal awards the complainant compensation under this head in the form of an annual invalidity pension equal to one-third of the yearly figure of his pensionable remuneration, i.e. half the full pension."

    Keywords:

    disability benefit; incapacity; invalidity; liability; organisation; rate;



  • 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 889


    64th Session, 1988
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 5

    Extract:

    "the new text of ii 4.01 [cern pension fund] reads: 'unsuitability is the reduction, presumed to be permanent or long-term, by at least 1/3 in earning capacity resulting from a deterioration in physical or mental health, which occurred while the person concerned held a contract with one of the participating organizations'. [...] the complainant did not satisfy the conditions in ii 4.01."

    Reference(s)

    Organization rules reference: ARTICLE II 4.01 OF THE CERN PENSION FUND

    Keywords:

    cern pension fund; definition; illness; incapacity; medical fitness; service-incurred;



  • 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 479


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

    Consideration 7

    Extract:

    while the complainant's degree of invalidity was assessed by doctors at 80 per cent, he in fact suffered the total loss of his earning capacity. "it is for the director-general [...] as provided [under the rules] to assess the degree [of invalidity] on the basis of the medical evidence and as applied to the complainant's normal occupation. the tribunal considers that the only conclusion on the facts of this case is that the complainant was totally unable to carry on his normal occupation or any equivalent occupation. accordingly the degree of incapacity should be assessed at 100 per cent."

    Keywords:

    discretion; executive head; incapacity; invalidity; medical records; rate;

    Consideration 4

    Extract:

    "the fundamental principle of the scheme [...] is that it is not a contract of indemnity but a contract to pay a fixed or calculated sum in certain contingencies. this principle is not affected by the adaptation of the scheme to short-term or temporary employment nor by the fact that in the latter case the earnings are not actual but assumed from an actual amount"

    Keywords:

    amount; incapacity; insurance benefit; invalidity;

    Consideration 10

    Extract:

    "by the inclusion of the word 'function' [cf. 'organe' in the french version.] in the [material provision] it is obviously intended that the loss of the use of a limb or member shall be treated in the same way as the actual loss. whether it means more than this is open to question. unless it does, it will not apply to persons like the complainant who are incapacitated by disease." the organization chose to apply another provision by analogy.

    Keywords:

    illness; incapacity; interpretation; invalidity; provision; service-incurred; staff regulations and rules;

    Summary

    Extract:

    the complainant became disabled following a disease contracted during a one-month mission. the complainant receives an invalidity pension. his incapacity was assessed by the tribunal at 100 per cent. the amount of the pension must be redetermined. the deductions made of a university retirement pension were unwarranted they must be reimbursed, with the amounts being indexed against inflation and with interest [2 per cent]; costs.

    Keywords:

    amount; complaint allowed; disability benefit; illness; incapacity; invalidity; rate; reckoning; refund; service-incurred;



  • Judgment 435


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

    Consideration 2 (A)

    Extract:

    the complainant claimed compensation for bodily injury in an appeal submitted to the internal appeals board. he claims compensation for loss of earning capacity resulting from the same injury in his claim to the tribunal. the principle that the facts relied on in the internal proceedings should be the same as those relied on in the complaint to the tribunal has not been infringed. however, in the internal appeal he claimed compensation of 18,000 francs but is now asking the tribunal to grant him a larger sum. insofar as he is seeking compensation exceeding 18,000 francs his complaint is irreceivable.

    Keywords:

    amount; complaint; damages; difference; incapacity; internal appeal; invalidity; new claim; receivability;



  • 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; damages; decision quashed; duration of appointment; incapacity; invalidity; period; retirement; service-incurred;



  • Judgment 375


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

    Consideration 12

    Extract:

    "the question whether a staff member is incapacitated from work is ... a matter of judgment. the tribunal will not substitute its judgment for that of the director or of the expert advisers on whom he relies: it will intervene only if on the evidence the judgment appears to it to be wholly unreasonable or based on clearly mistaken conclusions."

    Keywords:

    discretion; incapacity; judicial review; medical fitness;



  • 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 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;

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Last updated: 28.08.2015 ^ top