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Judgment No. 1843


The complaint is dismissed.

Considerations 11-12


The complainant did not attend the compulsory medical examination on termination of appointment which he had been requested to undergo. "A medical examination at the time of termination is not a mere formality: it is intended to establish with some degree of certainty - in the interests of both parties - a staff member's state of health upon termination. [...] The Tribunal holds that Article R II 4.20 b) of the Staff Regulations disqualified the complainant from making a claim for compensation in respect of a work-related injury or illness discovered after termination."


Organization rules reference: ARTICLE R II 4.20 B) OF THE ESO STAFF REGULATIONS


staff regulations and rules; enforcement; allowance; separation from service; illness; medical examination; staff member's duties

Last updated: 28.08.2020 ^ top