L'OIT est une institution spécialisée des Nations-Unies
ILO-fr-strap
Plan du site | Contact English
> Page d'accueil > Triblex: base de données sur la jurisprudence > Par mots-clés du thésaurus > tort moral

Judgment No. 550

Decision

1. THE IMPUGNED DECISION IS QUASHED AS IT RELATES TO THE REPAYMENT OF MEDICAL EXPENSES CLAIMED BY 7 MAY 1981.
2. THE PAHO SHALL PAY THE COMPLAINANT 500 UNITED STATES DOLLARS IN PART PAYMENT OF COSTS.
3. HER OTHER CLAIMS ARE DISMISSED.

Consideration 1

Extract:

"In her rejoinder the complainant asks the Tribunal to hear this complaint together with another she has filed but in which the written proceedings are not completed. Thus she would like the Tribunal to postpone the hearing of this case." She subsequently suggests joining the two complaints with another yet to be filed. The Tribunal "will deliver a separate judgment on the present case, which raises distinct and quite separate issues, and it reserves its decision on the joinder of subsequent complaints."

Keywords

complaint; joinder; complainant; tribunal; refusal; request by a party

Consideration 3

Extract:

The internal appeal was declared irreceivable. "But a decision declaring an appeal irreceivable is just as open to challenge as a decision on the merits. And the receivability of this complaint does not turn on that of the internal appeal, and on such questions as whether the latter was submitted in time or duly brought within the scope of Staff Rules [...] The point must be settled solely by reference to the Tribunal's own Statute."

Keywords

complaint; receivability of the complaint; internal appeal; competence of tribunal; iloat statute; enforcement

Consideration 3

Extract:

"By [exhausting such other means of resisting a final decision as are open] is meant making use of all the possibilities of legal redress available to the official within the organisation, whatever the competent authority may be."

Keywords

internal remedies exhausted; definition

Consideration 8

Extract:

The complainant is seeking damages "for distress, moral injury and harm to her reputation, which she says were caused by the administration's actions during the proceedings before the [Appeals] Board and the Tribunal. There is no allusion to such a claim in the Board's report or in any of the other items of evidence [...] The Tribunal therefore cannot tell with certainty whether the internal means of redress have been exhausted. But [...] even if receivable, the claim is devoid of merit."

Keywords

new claim; moral injury; professional injury; receivability of the complaint

Consideration 4

Extract:

Judgment No 450 "did not dispose of the question of the repayment of the medical expenses the [organisation] had agreed to bear, and [the judgment] does not have the authority of res judicata on this matter. In fact both the [Appeals] Board and the Director were required to take the matter up. The Director's refusal to consider the claim to repayment of medical expenses therefore suffers from a mistake of law and on this point the impugned decision must be set aside."

Reference(s)

Jugement(s) TAOIT: 450

Keywords

receivability of the complaint; internal appeal; res judicata; flaw; medical expenses; health insurance

Consideration 3

Extract:

"On 7 May 1981 the chief of personnel gave a final decision on the claims[*] submitted by that date, but not on any which might be submitted later. The complainant did later make further claims but did not seek a final decision on them."
[*] concerning reimbursement of medical expenses

Keywords

receivability of the complaint; internal remedies exhausted; date; request by a party; medical expenses; health insurance

Consideration 9

Extract:

"Friction, in greater or lesser degree, is the inevitable adjunct of everyday life and to award restitution for every sort of emotional distress would be to invite ceaseless litigation. Only exceptional circumstances warrant compensation for such distress, and there are none in this case."

Keywords

moral injury; exception



 
Dernière mise à jour: 18.09.2020 ^ haut