Judgment No. 1843
The complaint is dismissed.
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