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Judgment No. 3998


The complaint is dismissed.


The complainant challenges the decision not to grant her compensation pending a determination by a medical expert as to whether her illness in 2012 through 2014 was service-incurred.

Judgment keywords


illness; service-incurred; compensation; complaint dismissed

Consideration 7


As the written submissions are sufficient to allow the Tribunal to render an informed decision, the Tribunal rejects the request for oral hearings.


oral proceedings

Consideration 11


The Tribunal finds that as sick leave must be approved by the Director General, the nature of the sick leave must also be approved. Considering that sick leave for service-incurred illness is an exception to the general sick leave entitlements, it follows that if further verifications are requested, WIPO is bound to treat the staff member’s illness under the usual terms for sick leave until the determination by [the United Nations Office at Geneva Medical Services Section] that the illness is service-incurred (see Judgment 3591, consideration 11). The Tribunal notes that this practice is not prejudicial to staff members as any eventual determination that an illness or injury is service-incurred will naturally be remedied retroactively to the start date of the determined period of service-incurred illness or injury.


Jugement(s) TAOIT: 3591


service-incurred; sick leave

Dernière mise à jour: 25.05.2020 ^ haut