Judgment No. 4606
Decision
The complaint is dismissed, as is WIPO’s counterclaim for costs.
Summary
The complainant challenges the non-recognition of her illness as an occupational illness and requests that her sick leave entitlements be re-credited to her.
Judgment keywords
Keywords
service-incurred; sick leave; claim moot; complaint dismissed
Consideration 6
Extract:
[I]t is noted that the complainant withdraws her request for oral proceedings in the rejoinder by confirming that the facts of the case are sufficiently clear without a hearing being necessary. The Tribunal decides not to hold oral proceedings as the parties have presented the case extensively and comprehensively in their written submissions, which are sufficient to enable the Tribunal to reach a reasoned and informed decision.
Keywords
oral proceedings
Consideration 7
Extract:
The complainant contends that her illness should be deemed as service-incurred on four grounds. However, it is unnecessary to address these arguments because, after the written proceedings had concluded, a binding decision has been made by an arbitrator. It arose this way: after the impugned decision had been made, the complainant requested an arbitration procedure pursuant to Article 15.2.2 of the insurance contract between WIPO and the insurer. The arbitrator, Dr C., assessed her state of health on 19 January 2021 and issued his final report on 17 February 2021 in which he found that her illness was to be considered as service-incurred as from 6 September 2017. Pursuant to the provisions of the insurance contract, Dr C.’s decision is final and binding on both the complainant and the insurer. A letter was sent to the complainant on 26 February 2021 to inform her of Dr C.’s final decision. Accordingly, the question of whether she suffered a service-incurred illness is now moot.
Keywords
claim moot
Consideration 14
Extract:
It is well settled in the Tribunal’s case law that international organizations must respond to requests from their staff members within a reasonable time (see, for example, Judgment 3188, under 5).
Reference(s)
ILOAT Judgment(s): 3188
Keywords
delay; organisation's duties
Consideration 16
Extract:
To be entitled to moral damages, as consistently stated by the case law, the complainant bears the burden of proof and must provide evidence of the injury suffered, the alleged unlawful act and the causal link between the unlawful act and the injury (see, for example, Judgments 4158, under 4, 4157, under 7, and 4156, under 5).
Reference(s)
ILOAT Judgment(s): 4156, 4157, 4158
Keywords
moral damages
Consideration 19
Extract:
With regard to WIPO’s counterclaim for costs, the Tribunal notes that WIPO has not justified its request. Its delay in processing the complainant’s declaration of a service-incurred illness entitled her to seek redress through internal proceedings and the proceedings before the Tribunal. WIPO’s counterclaim for costs must also be dismissed since the complaint is not vexatious nor frivolous.
Keywords
counterclaim
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