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Invalidity (465, 466, 467, 653,-666)

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Keywords: Invalidity
Total judgments found: 48

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  • Judgment 4807


    137th Session, 2024
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the report of the Medical Committee which extended her sick leave until 31 May 2016 and concluded that she was not suffering from invalidity.

    Judgment keywords

    Keywords:

    complaint dismissed; invalidity; medical board; receivability of the complaint;



  • Judgment 4728


    136th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the Medical Committee’s decision to further extend his sick leave until 31 March 2015 and its failure to recognise that he suffered from invalidity attributable to the performance of official duties.

    Judgment keywords

    Keywords:

    complaint dismissed; invalidity; medical examination; service-incurred; sick leave; step in the procedure;



  • Judgment 4678


    136th Session, 2023
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions not to extend his fixed-term contract due to unsatisfactory performance and to withhold his within-grade salary increment.

    Consideration 11

    Extract:

    Contrary to the complainant’s argument, good faith does not require an organization to extend the appointment of an underperforming staff member merely because the staff member has applied for a disability benefit.

    Keywords:

    extension of contract; good faith; invalidity;



  • Judgment 4636


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the extension of his sick leave following the expiry of his maximum period of sick leave and the failure to recognise that he suffered from invalidity which was attributable to the performance of official duties.

    Considerations 4-5

    Extract:

    [T]he EPO raises receivability as a threshold issue. It submits that the complaint is premature and therefore irreceivable, because the medical procedure for determining whether a member of staff meets the definition of invalidity involves a series of steps and findings which lead to a final decision; such steps or findings do not constitute a decision, much less a final decision; they may be attacked as part of a challenge to the final decision but cannot be the subject of a complaint to the Tribunal. […]
    What the complainant identifies as the impugned decision in this case was merely a “step in a process”, which may simply have the appearance of a decision (see, for example, Judgment 3860, consideration 6). It cannot be considered as a final decision for the purposes of Article VII of the Statute of the Tribunal, because it was taken precisely in order for the Medical Committee to obtain additional information before making a determination as to whether the complainant was suffering from invalidity.

    Reference(s)

    ILOAT Judgment(s): 3860

    Keywords:

    invalidity; medical board; step in the procedure;



  • Judgment 4635


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to reject his internal appeal in which he requested that an expert in occupational diseases be consulted.

    Judgment keywords

    Keywords:

    complaint dismissed; invalidity; medical board;



  • Judgment 4622


    135th Session, 2023
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her appointment for reasons of health.

    Consideration 7

    Extract:

    The Tribunal observes that [the] requirement of consultation was all the more important given that the composition of the Invalidity Committee – which, under article 10.4 of the Staff Regulations, includes a medical practitioner appointed by the official concerned, another medical practitioner appointed in agreement with the first medical practitioner, and a member appointed by the Staff Union Committee – constituted a safeguard for the complainant that was not provided by the composition of the multidisciplinary team, which was made up solely of persons appointed by the Organization.
    The fact referred to by the Organization in its submissions, that the secretary of the Invalidity Committee had informed the complainant in the email forwarding the report of 6 February 2017 to her that “[t]he procedure before the Invalidity Committee [was] now complete” and that “any decision taken following that report [would] be communicated to [her] directly by the Administration”, did not prevent the further consultation of that body that was thus required. The inclusion of these statements, which are standard formulations used when communicating such reports, plainly could not prevent the Invalidity Committee from exercising its authority if the multidisciplinary team failed in its task of identifying a suitable position.

    Keywords:

    advisory body; consultation; invalidity;



  • Judgment 4563


    134th Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to award him an invalidity allowance instead of an invalidity pension.

    Judgment keywords

    Keywords:

    complaint dismissed; general decision; invalidity;



  • Judgment 4554


    134th Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision deriving from the Administrative Council’s decision CA/D 2/15 to require the recipients of the new retirement pension for health reasons to cease performing gainful activities or employment or to refrain from performing such activities or employment.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; invalidity; outside activity;



  • Judgment 4487


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the fact that the arrears owed to him in respect of his invalidity allowance, related benefits and unused leave following a retroactive modification of the monthly gross salary scales in December 2012 were not paid to him until January 2013.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; delay in payment; invalidity;



  • Judgment 4248


    129th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution of Judgment 3446.

    Judgment keywords

    Keywords:

    application for execution; complaint allowed; invalidity; medical examination; professional accident;



  • Judgment 4118


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the findings of the Medical Committee according to which his invalidity is not of occupational origin.

    Judgment keywords

    Keywords:

    complaint dismissed; invalidity; medical board; service-incurred;



  • Judgment 4117


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the finding that his invalidity was not caused by an occupational disease.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; invalidity; medical board; service-incurred;



  • Judgment 4046


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his claim for an invalidity allowance.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; invalidity;



  • Judgment 3614


    121st Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to allow her to benefit from the transitional measure accompanying the replacement of the former invalidity pension with an invalidity allowance.

    Judgment keywords

    Keywords:

    complaint allowed; en banc review; invalidity; late appeal; plenary judgment; receivability of the complaint;



  • Judgment 3570


    121st Session, 2016
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to end his service on grounds of invalidity and requests his reinstatement.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint dismissed; invalidity; medical examination; reinstatement;



  • Judgment 3442


    119th Session, 2015
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the decision to dismiss internal appeals concerning a claim for compensation for service-incurred disability was flawed.

    Judgment keywords

    Keywords:

    absence of final decision; complaint allowed; decision quashed; equal treatment; harassment; invalidity; joinder; service-incurred;



  • Judgment 3396


    119th Session, 2015
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In relation with the complainant's service-incurred illness, the Tribunal concluded that she was entitled to an invalidity payment.

    Judgment keywords

    Keywords:

    complaint allowed; illness; invalidity; service-incurred;

    Consideration 13

    Extract:

    "Although the threshold question as to whether the complainant had a “continuing” invalidity was properly identified, in the course of the communications it appears that from WHO’s perspective the meaning of the term “continuing” involved the question as to whether the condition was permanent or long-term, on the one hand, or temporary on the other hand. This interpretation is incorrect. The continuing nature of a condition is simply whether it will, at the time of diagnosis and prognosis, continue into the future for, if known, anything other than a brief period or continue with an unknown end date. This erroneous approach, in turn, led to a rejection of the medical opinions which do sustain a conclusion that the complainant was suffering from a continuing total invalidity even though the doctors did not say this would continue long-term or was permanent."

    Keywords:

    invalidity;



  • 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.

    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 3145


    113th Session, 2012
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    complaint allowed; illness; invalidity; service-incurred; unjspf;

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Last updated: 07.03.2024 ^ top