Judgment No. 3733
The complaint is dismissed.
The complainant challenges the decision dismissing his two internal appeals on health-related claims.
health reasons; complaint dismissed
A cause of action by an official based on the negligence of the organisation that employs her or him contains several elements (see, for example, Judgment 2804, consideration 25). The first is that the organisation has failed to take reasonable steps to prevent a foreseeable risk of injury. The second is that liability in negligence is occasioned when the failure to take such steps causes an injury that was foreseeable.
Jugement(s) TAOIT: 2804
cause of action; negligence
This conclusion is not intended to suggest that an official needs to articulate a claim with the precision that might be expected of a competent lawyer. But something needs to be said by the official which, viewed reasonably, would result in the Administration understanding the true character of the claim and giving it the opportunity to respond appropriately.