Judgment No. 652
1. THE IMPUGNED DECISION IS SET ASIDE AND THE CASE REFERRED BACK TO THE EPO FOR REVIEW.
2. THE EPO SHALL PAY THE COMPLAINANT 1,000 DEUTSCHMARKS IN COSTS.
"The mere production of a certificate from a doctor of the official's own choosing does not confer entitlement to sick leave. The organisation may always challenge the certificate on the strength of the opinion of a practitioner it has itself designated".
organisation; medical certificate; medical consultant; medical opinion; sick leave; right
When the case was referred to the medical adviser, all she did was to telephone [the complainant's] doctor. In the course of their conversation [the doctor] consented to change the earlier certificate and declare that [by a specified date] the complainant was again fit for work. [...] Such confabulation between professional colleagues is not in itself objectionable. It would no doubt have been more satisfactory if the two doctors had first carried out a clinical examination. [...] Their approach undoubtedly made it harder to establish the facts, and for that the complainant - whom they could have asked to undergo an examination - is not to blame. The burden of proof is therefore on the [organisation]."
organisation; burden of proof; medical certificate; medical consultant; medical opinion; medical examination; sick leave; medical fitness; refusal