Judgment No. 541
Decision
1. THE FAO SHALL PAY THE COMPLAINANT DAMAGES AMOUNTING TO 12,000 UNITED STATES DOLLARS. 2. THE FAO SHALL PAY THE COMPLAINANT $2,000 AS COSTS. 3. THE OTHER CLAIMS FOR RELIEF ARE DISMISSED.
Considerations
Extract:
The complainant was classified "unfit for employment". Her appointment was terminated. The Tribunal found that in failing to accord the medical opinion of the complainant's personal physician the serious and thorough consideration it deserved, the organization's chief medical officer took insufficient account of an essential fact. The decision suffers from a defect which the Tribunal will take into consideration.
Keywords
termination of employment; health reasons; medical consultant; medical opinion; medical fitness; disregard of essential fact; termination of employment for health reasons
Considerations
Extract:
When rendering his opinion, the organization's doctor took insufficient account of essential facts. "The complainant is therefore entitled to relief. The relief can take the form of re-instatement, which is one of the remedies sought by the complainant, or the payment of compensation, which is an alternative remedy sought. In the circumstances of this case, the latter solution appears more desirable [...]."
Keywords
reinstatement; termination of employment; health reasons; subsidiary; material damages; termination of employment for health reasons
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