Judgment No. 3497
1. The impugned decision is set aside.
2. The case is remitted to the Organisation in order that it may take action as indicated under 18.
3. The Organisation shall pay the complainant compensation for moral injury in the amount of 4,000 euros.
4. It shall also pay her costs in the amount of 1,500 euros.
5. All other claims are dismissed.
The complainant contests the refusal of her request that her mother’s condition be recognized as a serious illness.
complaint allowed; decision quashed; case sent back to organisation; illness; medical opinion; medical expenses; health insurance
"The Tribunal recalls that, according to its case law, the right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority (see Judgment 2781, under 15). If the ultimate decision-maker rejects the conclusions and recommendations of the internal appeal body, the decision-maker is obliged to provide adequate reasons (see Judgments 2278, 2355, 2699, 2807 and 3042). The value of the safeguard is significantly eroded if the ultimate decision-making authority can reject conclusions and recommendations of the internal appeal body without explaining why. If adequate reasons are not required, then room emerges for arbitrary, unprincipled or even irrational decisions. (See Judgment 3208, under 11.)"
ILOAT Judgment(s): 2278, 2355, 2699, 2781, 2807, 3042, 3208
internal appeal; internal procedure; motivation
"Since, as the Tribunal has consistently held, it is not competent to rule on medical matters, the case must be remitted to the Organisation so that a new decision can be taken in light of an opinion given by the competent body with the safeguards of complete impartiality and transparency."
case sent back to organisation