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> Page d'accueil > Triblex: base de données sur la jurisprudence > Par session > 53e session

Judgment No. 620

Decision

1. THE FAO SHALL PAY THE COMPLAINANT DAMAGES AMOUNTING TO 20,000 UNITED STATES DOLLARS.
2. IT SHALL PAY HIM $2,000 IN COSTS.
3. THE OTHER CLAIMS ARE DISMISSED.

Consideration 4

Extract:

"The Tribunal may not substitute its own views for those of the experts. It will not entertain the complainant's plea that their findings were superficial, illogical or at variance with up-to-date medical opinion. The material issue is whether correct procedure was observed in consulting them.

Keywords

competence of tribunal; expert inquiry; medical opinion; medical examination; judicial review

Consideration 3

Extract:

The internal proceedings began on 30 September 1974 and ended on 8 April 1983. The original decision was not taken until 8 September 1976. Two years passed before the medical experts delivered their findings. Still more time elapsed before the Advisory Committee and the Appeals Committee made their recommendations. "This is no ordinary lapse of time. [...] The delay was largely the FAO's own fault. That is not, however, a decisive point since there is no evidence to suggest that the medical experts' findings would, if delivered earlier, have been any different."

Keywords

procedure before the tribunal; administrative delay; flaw

Consideration 2

Extract:

The organization holds that the complainant need only to have asked for an examination to have had one. As a rule, every provision of the Regulations is intended to be put into effect, with the exception of those stated not to be binding. "There is no reason to suppose that the FAO was free to disregard [the provision on regular medical examinations]. In fact, in giving officials of the age of 55 or more a right to an examination every six months, the rule implies that the FAO is under a duty to have staff in other age groups examined."

Keywords

organisation's duties; illness; medical examination; service-incurred

Consideration 4

Extract:

"The complainant submits that the experts ought to have consulted each other, not just in writing and by telephone but by meeting together. The argument is a sound one. The arrangements they made were indeed open to criticism. Whatever the FAO may say, traffic congestion [...] was not a valid reason for their not meeting to discuss a case which deserved more respectful consideration than they gave it. There is no certainty that their views would have been any different had they held a meeting. But it is possible that they would, and the complainant is right to advance the plea in support of his claim for damages."

Keywords

damages; medical board; medical examination; flaw; procedural flaw

Consideration 2

Extract:

The complainant suffers from angina pectoris; he did not receive regular medical examinations. The organization's breach of its duty deprived him of an opportunity to take precautions against an illness which has impaired his work capacity. The complainant is entitled to damages. "The award cannot be the full amount which would have been due had [the illness] been attributable beyond peradventure to the performance of official duties. But the FAO is liable in damages for injury the complainant may have suffered."

Keywords

injury; organisation's duties; illness; medical examination; service-incurred; material damages

Consideration 8

Extract:

"According to Article II of its Statute the Tribunal may hear complaints alleging non-observance of the official's terms of appointment or of the Staff Regulations. Having only such competence as is conferred upon it, it may not entertain matters out with the ambit of that article. It is therefore not competent to invite the FAO Council to address the International Court of Justice."

Reference(s)

ILOAT reference: ARTICLE II OF THE STATUTE

Keywords

icj; competence of tribunal; vested competence; executive body; request by a party; advisory opinion of icj



 
Dernière mise à jour: 19.08.2020 ^ haut