Judgment No. 3507
1. The decision of the Executive Director of the Global Fund of 6 December 2013 is set aside insofar as it granted the complainant no more than a sum equivalent to three months’ salary.
2. The Fund shall pay the complainant financial compensation for the injury resulting from her disability, plus interest thereon, and shall adopt the requisite measures to restore her pension rights as indicated under 18.
3. It shall also pay the complainant costs in the amount of 7,000 Swiss francs.
4. All other claims are dismissed.
The complainant requests the payment of various sums in consequence of the decision to grant her a permanent disability benefit.
complaint allowed; decision quashed; service-incurred; disability benefit
"The complainant has requested oral proceedings. In view of the abundant and sufficiently clear submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the aspects of the case that are relevant to the outcome of the dispute and does not therefore deem it necessary to grant this request."
"Contrary to the Fund’s contentions, under Article II, paragraph 5, of its Statute, the Tribunal is indeed competent to rule on this submission, because international civil servants are entitled to a modicum of social protection and may therefore claim such protection on the basis of the staff regulations to which they are subject and their terms of appointment. […] [T]here is no principle of social protection requiring full compensation for loss of earnings. The risk coverage offered by an organisation’s insurance scheme may well be only partial (see Judgment 2976, under 11) and rules limiting or setting a ceiling to the amount of the benefits paid are therefore perfectly lawful (see Judgment 1094, under 24)."
Jugement(s) TAOIT: 1094, 2976
"If the official to whom the dispute was referred did not have the authority to rule on the grievance submitted to her, pursuant to the case law of the Tribunal she ought to have forwarded it to the authority which was competent within the organisation to hear it, and no objection to the receivability of the complaint can be raised on this basis (see, for example, Judgments 1832, under 6, 2882, under 6, 3027, under 7, or 3424, under 8(b))."
Jugement(s) TAOIT: 1832, 2882, 3027, 3424
"It is by no means unusual that the executive head of an international organisation should decide, upon being appointed, to modify the structure and membership of her or his office and secretariat to suit her or his requirements. However, any such modification must respect the rights and dignity of the officials hitherto assigned to these units."
"The Fund is [...] liable to provide compensation for this injury, without this obligation being restricted in any way by the terms of the organisation’s insurance policy (see, in this connection, Judgment 2533, under 26)."
Jugement(s) TAOIT: 2533
insurance; health insurance