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Disability benefit (462, 463, 464, 465, 466, 467, 653, 468,-666)

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Keywords: Disability benefit
Total judgments found: 24

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  • Judgment 4090


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the processing of his application for a disability benefit and the calculation of his sick leave entitlements.

    Consideration 15

    Extract:

    The complainant is entitled to moral damages for the delay in the consideration of his application for a disability benefit arising from the IAEA’s breach of its duty of care. The Tribunal takes into account the fact that, but for the delay, he may have been in receipt of the disability benefit earlier.

    Keywords:

    delay; disability benefit; duty of care; moral injury;

    Consideration 9

    Extract:

    [T]he final constitution of the Board [was delayed] for almost four months. This was an unreasonably long period and delayed the resolution of the complainant’s application, which was ultimately successful, for a disability benefit. While the complainant has not discharged the burden of proving retaliation, bias and prejudice, the IAEA is liable for the consequences of this delay involving, as it does, a breach of its duty of care towards the complainant, a ground relied on by the complainant in his fifth argument (see Judgment 2936, consideration 19). The IAEA, through its officers, was obliged to take all reasonable steps to ensure that the complainant’s request for review of the decision to refuse him a disability benefit was dealt with as expeditiously as possible. If, as happened, an impasse about who should be the Chair arose between a member of the Board nominated by the staff member and a temporary member [...] of the Board nominated by the Administration who also had the responsibility to nominate another member as his own replacement, then steps should have been taken with great expedition to nominate the member to replace him.

    Keywords:

    breach; composition of the internal appeals body; delay; disability benefit; duty of care; medical board; organisation's duties;

    Judgment keywords

    Keywords:

    complaint allowed; disability benefit; sick leave;



  • Judgment 3627


    121st Session, 2016
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the calculation of her health insurance contributions, as well as the amount of her disability pension.

    Judgment keywords

    Keywords:

    complaint dismissed; contributions; disability benefit; health insurance; insurance; summary procedure;



  • Judgment 3623


    121st Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to assign him to non-active status and to replace his invalidity pension by an invalidity allowance.

    Judgment keywords

    Keywords:

    complaint dismissed; disability benefit; status of complainant;



  • Judgment 3622


    121st Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the retroactive implementation of the transitional measures accompanying the replacement of the former invalidity pension with an invalidity allowance.

    Judgment keywords

    Keywords:

    complaint dismissed; disability benefit; transitional measures;



  • Judgment 3540


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the Administrative Council's decision which replaced the invalidity pension by the invalidity allowance.

    Judgment keywords

    Keywords:

    allowance; complaint allowed; contributions; disability benefit; joinder;



  • Judgment 3507


    120th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant requests the payment of various sums in consequence of the decision to grant her a permanent disability benefit.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; disability benefit; service-incurred;



  • Judgment 3375


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims, on the basis of an alleged acquired right, the application of the invalidity pension scheme in force prior to his placement on non-active status on grounds of invalidity.

    Judgment keywords

    Keywords:

    acquired right; complaint dismissed; disability benefit;

    Consideration 13

    Extract:

    "By its nature as a remote and contingent right, the benefit to an invalidity pension arises only under conditions of invalidity to cover a risk that rarely occurs. This is not a fundamental term which could be said to have reasonably induced the complainant or any staff member of the EPO to enter into the contract of employment with the Organisation so as to preclude the Organisation from altering its terms as it did by the new arrangements (see, for example, Judgment 2682, under 6)."

    Reference(s)

    ILOAT Judgment(s): 2682

    Keywords:

    disability benefit; invalidity;



  • Judgment 3300


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the complaint filed against the decision not to consider the complainant's disability as resulting from an occupational disease.

    Judgment keywords

    Reference(s)

    Organization rules reference: Articles 89(3), 89(4) and 90(1) of the Service Regulations

    Keywords:

    complaint dismissed; disability benefit; invalidity; medical board; medical opinion; order; pension; procedural flaw; service-incurred; staff regulations and rules;



  • Judgment 3179


    114th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the step taken into account to determine his invalidity pension rights.

    Judgment keywords

    Keywords:

    disability benefit; pension entitlements; step;



  • Judgment 2976


    110th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "[I]n Judgment 2533 the Tribunal observed that compensation for injury properly included 'past and future adaptations to the complainant's house and car' and that those expenses were 'on no different footing than other necessary expenses incurred as a consequence of [...] service related injury'."

    Reference(s)

    ILOAT Judgment(s): 2533

    Keywords:

    compensation; definition; disability benefit; health insurance; injury; insurance; medical expenses; service-incurred;



  • Judgment 2533


    101st Session, 2006
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 26

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.
    "[G]iven the possibly progressive nature of [the illness], the condition may continue to deteriorate seriously. [...] the Tribunal asserts unequivocally that the defendant's obligation to pay the complainant reasonable compensation for the results of his workplace injury is a continuing one and is not affected or diminished by the terms of an insurance policy to which the complainant is not a party."

    Keywords:

    consequence; disability benefit; handicapped person; health insurance; illness; insurance; invalidity; maximum limit; medical examination; organisation's duties; professional accident; provision; service-incurred;

    Consideration 22

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.
    "The absence of an indexation clause [of the "disability pension"], however, does not remove the defendant's obligation to provide the complainant with adequate compensation. The concern that the utility of the award may be reduced through spoliation is very real and could, in times of high inflation, conceivably, have the effect of negating the very purpose of the disability pension which is to make the complainant whole despite his service-related injury. That is only a possibility, however, and the Tribunal is reluctant to order indexation as a matter of routine when the feared spoliation may never occur to an extent significant enough to seriously affect the complainant's position. Exceptionally, the Tribunal will frame its order in such a way that the complainant may apply at a future date for an adjustment to any ongoing pension payments when and if the purchasing power of such payments has been reduced by at least 10 per cent. Such applications should be by way of request for the execution of the present judgment."

    Keywords:

    adjustment; application for execution; cost-of-living increase; disability benefit; handicapped person; invalidity; organisation's duties; professional accident; reckoning; service-incurred;



  • Judgment 2146


    93rd Session, 2002
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    The Invalidity Committee was constituted of two doctors respectively appointed by the organization and the complainant and of a third member chosen by mutual agreement between the first two doctors. The doctor appointed by the complainant resigned. He appointed another but challenges the fact that the third member was not rechosen. "It is clear [...] that if a member is replaced, the appointment should be by the same person or persons who originally appointed the member who has left. The complainant is wrong to liken the Invalidity Committee to an arbitral body that must always have representation from each side and must always be presided by someone chosen by the parties' representatives. The Invalidity Committee is a statutory body and once regularly constituted, it has the powers vested in it by the rules. The appointments to it do not become invalid simply by reason of the departure of a member."

    Keywords:

    composition of the internal appeals body; consequence; disability benefit; invalidity; medical board; pension entitlements; resignation;



  • Judgment 2145


    93rd Session, 2002
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 to 8

    Extract:

    "In the Organisation's view, since the payments it was making to the complainant were entirely voluntary, a matter of grace and favour on its part, it was quite at liberty to suspend such payments when the complainant failed to fulfil her obligation to submit to the [...] medical examination [required by the Invalidity Committee]. [It] is wrong. The Invalidity Committee's report [...] was categorical in stating that the complainant must be regarded as not fit for work. That means that she was unable to perform her duties and at a minimum she was entitled to receive the emoluments provided for in Article 62(7) unless and until the Invalidity Committee made a further finding putting an end to her sick leave, extending it, or placing her on permanent disability. But, without the authorisation of the Invalidity Committee, the [Organisation] had no right by its own unilateral action to suspend the payments to which she was entitled by law. [...] There can be no doubt that the [complainant] has a clear obligation to assist the Invalidity Committee and to present herself as and when reasonably required to do so for examination or treatment. If she fails to do so, that might constitute grounds for the Invalidity Committee to declare her sick leave at an end or it might form the basis of disciplinary action. [However, the Organisation] cannot take the law into its own hands without regard for the complainant's rights or its own obligations under the Service Regulations. [...] The highhanded actions of the [Organisation] in cutting the complainant's payments are both unjustified and illegal. The impugned decision must be rescinded."

    Reference(s)

    Organization rules reference: ARTICLE 62 (7) OF THE SERVICE REGULATIONS

    Keywords:

    disability benefit; disciplinary procedure; incapacity; invalidity; medical board; medical examination; medical fitness; organisation's duties; payment; pension entitlements; refusal; right; sick leave; staff member's duties; staff regulations and rules;



  • Judgment 1901


    88th Session, 2000
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8-9

    Extract:

    The organization refused the complainant both an unsuitability and an invalidity pension. It explains that it couldn't arrange for a final medical examination at the time of the complainant's dismissal because he was in prison. "The Tribunal cannot accept that argument. Under Article R II 4.18 of the Staff Regulations, a medical examination is compulsory when a contract is terminated, for whatever reason. In view of the particular circumstances of the case, [the organization] should have been at particular pains to comply with that rule. In the absence of such an examination the pension fund should have determined whether, upon termination of service, the complainant was to be treated as unfit for work because of a deterioration in his physical or mental health which occurred while he was employed by [the organization]. The administrator of the Pension Fund was, therefore, wrong [...] when he refused to consider the complainant's entitlement to a pension for unsuitability." The case was sent back to the Pension Fund.

    Reference(s)

    Organization rules reference: ARTICLE R II 4.18 OF THE STAFF REGULATIONS OF CERN

    Keywords:

    cern pension fund; disability benefit; due process; incapacity; invalidity; medical examination; organisation's duties; pension; pension entitlements; procedure before the tribunal; refusal; service-incurred; termination of employment;



  • Judgment 1669


    83rd Session, 1997
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 17-18

    Extract:

    "One principle of international civil service law is that a decision on a staff member's status may not work to his detriment before the date at which he had notice of it. [...] The grant of an invalidity pension does not empower the Organisation to make the termination retroactive as from the date set for the start of payment and to disregard the requirement of notice in the rules [...] Here the Council failed to observe the rules."

    Keywords:

    date of notification; decision; disability benefit; effect; incapacity; international civil service principles; non-retroactivity; notice; termination of employment;



  • Judgment 1665


    83rd Session, 1997
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant argues "that by awarding him the ex gratia benefit [the Governing Board of the CERN Pension Fund] held him to be entitled to a partial incapacity pension. That is not so. The Board had already concluded, since he did not qualify under the Rules, that he was entitled to a pension neither for total nor for partial incapacity. It was prepared to grant him a pension for loss of earning capacity i.e. an 'unsuitability pension'; but, having heard him, it decided as an exceptional measure to grant him instead ex gratia benefits equivalent to the 'partial incapacity pension'. Granting him the equivalent is not the same thing as actually awarding him such a pension."

    Keywords:

    cern pension fund; disability benefit; ex gratia; incapacity; medical fitness;



  • Judgment 1169


    73rd Session, 1992
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It appears on the evidence that proceedings have begun, but are not yet completed, before the competent bodies of the fund for the possible grant of a disability benefit to the complainant. This Tribunal may not rule on the matter, which is outside its jurisdiction."

    Keywords:

    competence of tribunal; disability benefit; invalidity; unjspf;



  • Judgment 971


    66th Session, 1989
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The Organization is liable only in respect of 50 per cent of the total incapacity. Accordingly, the Tribunal awards the complainant compensation under this head in the form of an annual invalidity pension equal to one-third of the yearly figure of his pensionable remuneration, i.e. half the full pension."

    Keywords:

    disability benefit; incapacity; invalidity; liability; organisation; rate;



  • Judgment 947


    65th Session, 1988
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2-3

    Extract:

    "The Tribunal accepts the findings of the medical inquiry, which establish finally the medical aspects of the case. In view of the findings the Tribunal, before delivering a final judgment, requires from the complainant his replies to the following questions: (1) what invalidity pension is he claiming in compensation for total work disability caused as to 50 per cent by the accident ? (2) what is the total amount he is claiming in compensation for loss of function of the foot and of this amount what portion is attributable to loss of enjoyment of life ?"

    Keywords:

    disability benefit; expert inquiry; further submissions; incapacity; interlocutory order; invalidity; loss of enjoyment of life; medical examination;



  • Judgment 595


    51st Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The material date was that on which the complainant received the letter of termination. The period of notice should begin on that date and the termination payment and the disability payment should be calculated and paid accordingly. "Any other conclusion would offend against the rule that a decision must not be retroactive in effect. [...] No organisation may retroactively alter at will the position of its staff. The effect of the WHO's arrangement might be to do away with one of the benefits prescribed" in the material Staff Rules. The decision is set aside; the complainant's administrative position must be reviewed.

    Keywords:

    date; date of notification; disability benefit; non-retroactivity; notice; payment; terminal entitlements; termination of employment;

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Last updated: 03.12.2021 ^ top