Judgment No. 4600
Decision
1. The impugned decision of 23 August 2019 is set aside to the extent stated in considerations 5 to 8 of this judgment.
2. WHO shall pay the complainant 25,000 Swiss francs in moral damages.
3. WHO shall pay the complainant 8,000 Swiss francs in costs.
4. All other claims are dismissed.
Summary
The complainant challenges the decision to reject her claim that her illness be recognized as service-incurred.
Judgment keywords
Keywords
complaint allowed; service-incurred
Consideration 2
Extract:
The complainant requests the joinder of this complaint and her third complaint in order that one judgment could be rendered. Citing consideration 2 of Judgment 4265, WHO argues that the Tribunal should reject the request because the issues of law to be decided and facts to be considered are substantially different. In the cited judgment, the Tribunal refrained from joining the underlying complaint with five other complaints the complainant had filed. This was on the basis that whilst the six complaints were broadly related to the same continuum of events (as are the present complaint and the complainant’s third complaint), it was not appropriate to join them consistent with the Tribunal’s case law that, ordinarily, the touchstone for the joinder of complaints is that they involve the same or similar questions of fact and law. For similar reasons, it is not appropriate to join this and the complainant’s third complaints. The request for their joinder is accordingly rejected.
Reference(s)
ILOAT Judgment(s): 4265
Keywords
joinder
Consideration 6
Extract:
The Tribunal has consistently stated that international organizations have a duty to adopt appropriate measures to protect the health and ensure the safety of their staff members and that an organization which disregards this duty is liable to pay damages to the staff member concerned (see, for example, Judgment 3689, under 5). In the circumstances of this case, the organization breached its duty of care to the complainant when it rejected her claim for compensation for her service-incurred illness in the face of the overwhelming evidence, including four favourable medical reports, and its failure to ensure a healthy work environment to protect her health.
Reference(s)
ILOAT Judgment(s): 3689
Keywords
service-incurred; duty of care; health
Consideration 7
Extract:
The complainant’s claim for additional moral damages for “excessive and inexplicable” delay in the ACCC’s determination of her claim is rejected as the complainant has not articulated the adverse effects that delay had upon her (see, for example, Judgment 4493, under 7 and 8).
Reference(s)
ILOAT Judgment(s): 4493
Keywords
delay
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