Judgment No. 4246

• Organization: World Intellectual Property Organization (WIPO)
• Date: 10.02.2020
• Original: French
• Judges: Frydman, Diakité, Kreins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the non-recognition of her illnesses as occupational illnesses.

Judgment keywords

Keywords

illness; service-incurred; complaint dismissed

Consideration 4

Extract:

Throughout the procedure, WIPO considered that the decision concerning the receivability of the request came within the insurer’s 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 insurer’s acts (see Judgment 3506, consideration 19). In view of its duty of care towards its staff members, WIPO was obliged to check whether the insurer’s 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[.]

Keywords

duty of care; health insurance

Consideration 11

Extract:

The complainant requests the Tribunal to make a number of declarations of law. According to the Tribunal’s established case law, such claims are irreceivable (see Judgments 3876, consideration 2, 3764, consideration 3, 3640, consideration 3, and 3618, consideration 9).

Reference(s)

ILOAT Judgment(s): 3618, 3640, 3764, 3876

Keywords

declaration of law