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Illness (408, 409, 410, 411, 415, 416, 417, 418, 419, 422, 678,-666)

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Keywords: Illness
Total judgments found: 72

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  • Judgment 4246


    129th Session, 2020
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-recognition of her illnesses as occupational illnesses.

    Judgment keywords

    Keywords:

    complaint dismissed; illness; service-incurred;



  • Judgment 4242


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to consider her claim for compensation for illness attributable to the performance of official duties.

    Judgment keywords

    Keywords:

    complaint dismissed; illness; internal remedies exhausted; receivability of the complaint; service-incurred;



  • Judgment 4162


    128th Session, 2019
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the final decision on her claim for compensation for a service-incurred injury or illness.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; illness; service-incurred;



  • Judgment 4127


    127th Session, 2019
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for review of Judgment 3994.

    Judgment keywords

    Keywords:

    application for review; complaint dismissed; illness; service-incurred; summary procedure;



  • Judgment 4093


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution of Judgment 3689.

    Judgment keywords

    Keywords:

    application for execution; complaint allowed; illness;



  • Judgment 4051


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him for misconduct.

    Consideration 11

    Extract:

    The President’s decision to request the complainant to undergo a further medical examination to determine whether his medical condition may have guided his behaviour and affected his accountability for his actions accorded with the exercise of the EPO’s duty of care towards the complainant, as was recently explained by the Tribunal in Judgment 3972.

    Reference(s)

    ILOAT Judgment(s): 3972

    Keywords:

    disciplinary measure; duty of care; illness;



  • Judgment 4035


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses her former supervisor of moral harassment.

    Consideration 10

    Extract:

    Neither can the Tribunal accept the complainant’s argument of “arrogation by the Administration of medical expertise”, which relates to the statement made by the Administration in the reply brief that it submitted to the Appeals Board that she suffered from a “feeling of persecution”. Indeed, it cannot be inferred from this statement, as the complainant does, that the Organization thus intended to make a medical assessment of her state of health and to insinuate that she suffered from mental health problems.

    Keywords:

    appraisal of facts; illness;



  • Judgment 3998


    126th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: 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

    Keywords:

    compensation; complaint dismissed; illness; service-incurred;



  • Judgment 3994


    126th Session, 2018
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges CERN’s refusal to recognise the illness from which she says she suffers as occupational.

    Judgment keywords

    Keywords:

    complaint allowed; illness; service-incurred;

    Consideration 5

    Extract:

    The Tribunal recalls that according to consistent precedent, it may not replace the medical findings of medical experts with its own assessment. However, it does have full competence to say whether there was due process and to examine whether the medical reports on which administrative decisions are based show any material mistake or inconsistency, overlook some essential fact or plainly misread the evidence (see, for example, Judgment 1284, under 4).

    Reference(s)

    ILOAT Judgment(s): 1284

    Keywords:

    illness; medical examination; medical opinion;



  • Judgment 3972


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to impose upon him the disciplinary measure of dismissal for misconduct.

    Consideration 15

    Extract:

    While, in the present case, the Disciplinary Committee, but not the President when deciding initially to dismiss the complainant, did advert to the possibility that the complainant was suffering from a mental illness, it discounted entirely the possible nexus because the information available was insufficient. In circumstances such as the present, the President’s response to the complainant’s request for review was inadequate. The Tribunal concluded in Judgment 3887 that the EPO breached its duty of care towards the complainant in that case. So it is in this case as well. That duty of care would involve the EPO assessing whether the alleged misconduct can be entirely explained by the complainant’s mental illness, and also whether the complainant was entitled to benefits based on an invalidity stemming from his mental illness and perhaps his service with the EPO.

    Reference(s)

    ILOAT Judgment(s): 3887

    Keywords:

    disciplinary measure; duty of care; illness;



  • Judgment 3969


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the EPO’s decision to impose upon her the disciplinary measure of downgrading.

    Consideration 17

    Extract:

    The ultimate decision to impose a serious disciplinary sanction was made in circumstances where the complainant was incapacitated by serious mental health issues. This should be reflected in the amount of those damages. The Tribunal assesses those damages in the sum of 30,000 euros.

    Keywords:

    disciplinary measure; illness; moral injury;



  • Judgment 3951


    125th Session, 2018
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject her claims for compensation for service-incurred injury or illness.

    Judgment keywords

    Keywords:

    complaint dismissed; illness; service-incurred;



  • Judgment 3919


    125th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director-General’s decision to reject her claim for compensation for service-incurred illness.

    Considerations 13 & 14

    Extract:

    Contrary to WHO’s assertion, there is no evidence to support its contention of the ACCC having made a thorough analysis. [...]
    [I]t is observed that in arriving at the conclusion that there were no valid reasons for the claim to be accepted for consideration, the Director-General did not take into consideration that the progressive nature of the complainant’s illness and all of her relevant surrounding personal circumstances presented valid reasons for making the claim for compensation on the date that she did.

    Keywords:

    compensation; evidence; illness;

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; illness; service-incurred;



  • Judgment 3910


    125th Session, 2018
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the IAEA’s refusal to recognise his illness as service-incurred.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; illness; service-incurred;



  • Judgment 3791


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the implied rejection of her internal appeal against the EPO’s refusal to recognise her medical condition as an occupational disease and to reimburse her for the relevant medical expenses which she incurred.

    Judgment keywords

    Keywords:

    complaint dismissed; illness; medical expenses; service-incurred;



  • Judgment 3689


    122nd Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contends that he contracted onchocerciasis, a parasitic disease which may eventually lead to blindness, during the performance of his duties as a collector of insects that are vectors of the disease, in Côte d’Ivoire under WHO’s Onchocerciasis Control Programme.

    Consideration 3

    Extract:

    As a rule, the Tribunal cannot substitute its own opinions for those of medical experts or determine whether or not the physical condition of an official stems from an occupational illness. This does not, however, preclude it from forming an opinion predicated on the diverging conclusion of the competent medical bodies.

    Keywords:

    illness; judicial review; service-incurred;

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; illness; service-incurred;



  • Judgment 3684


    122nd Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director-General's decision to have his compensation claim for service-incurred illness reviewed and to award him costs but not to award him moral damages.

    Judgment keywords

    Keywords:

    compensation; complaint dismissed; illness; service-incurred;



  • Judgment 3668


    122nd Session, 2016
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to award him the disability-related compensation foreseen by Appendix D to UNIDO Staff Rules.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; final decision; illness; service-incurred;



  • Judgment 3577


    121st Session, 2016
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the implied rejection of their claims of harassment, undue termination and professional illness.

    Judgment keywords

    Keywords:

    complaint dismissed; harassment; illness; joinder; service-incurred; termination of employment;



  • Judgment 3497


    120th Session, 2015
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the refusal of her request that her mother’s condition be recognized as a serious illness.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; illness; insurance benefit; medical opinion;

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Last updated: 14.07.2020 ^ top