Judgment No. 3446
Decision
1. The impugned decision of 18 May 2012 is set aside to the extent that it dismissed the complainant’s grievance against the rejection of his claim for compensation under Article 8.3 of the Staff Regulations.
2. The ILO shall compensate the complainant accordingly for the injuries that he sustained in the accident of 24 March 2010.
3. It shall pay him costs in the amount of 1,500 United States dollars.
4. All other claims are dismissed.
Summary
The Tribunal found that the complainant's accident was a commuting accident that was attributable to the performance of his official duties.
Judgment keywords
Keywords
complaint allowed; decision quashed; illness; service-incurred
Consideration 5
Extract:
"[I]f one accepts, as the ILO does, that the duty to pay compensation for injury attributable to the performance of official duties extends to circumstances where the staff member was commuting to and from work, then the issue of what is commuting should be approached in a principled way. It is too narrow an approach to ask what are the boundaries of the staff member’s house, in a physical sense, in order to determine where and thus when she or he left the house to travel to work. Rather the question is whether the staff member was engaged in, at the time of the accident, an activity which had the direct objective and effect of transporting (by whatever means, including walking) the staff member to her or his place of work to perform her or his duties. Or, put slightly differently, whether the staff member was engaged in an activity of this type which she or he would not have engaged in but for the need to travel to her or his place of work."
Keywords
illness; service-incurred
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