Judgment No. 4246
The complaint is dismissed.
The complainant challenges the non-recognition of her illnesses as occupational illnesses.
illness; service-incurred; complaint dismissed
Throughout the procedure, WIPO considered that the decision concerning the receivability of the request came within the insurerís sole competence. In so doing, WIPO overlooked the fact that although the insurer is not an organ of the Organization, WIPO is liable for the insurerís acts (see Judgment 3506, consideration 19). In view of its duty of care towards its staff members, WIPO was obliged to check whether the insurerís calculation of the time limit was correct. If this had appeared not to be the case, it would have been obliged to contest it, using the dispute resolution procedure[.]
duty of care; health insurance
The complainant requests the Tribunal to make a number of declarations of law. According to the Tribunalís established case law, such claims are irreceivable (see Judgments 3876, consideration 2, 3764, consideration 3, 3640, consideration 3, and 3618, consideration 9).
ILOAT Judgment(s): 3618, 3640, 3764, 3876
declaration of law