Sick leave (434,-666)
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Keywords: Sick leave
Total judgments found: 66
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Judgment 3491
120th Session, 2015
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who suffered service-incurred injuries and engaged in swimming therapy, impugns the decision to only partially reimburse the cost of her gym membership.
Judgment keywords
Keywords:
complaint allowed; decision quashed; health insurance; joinder; medical expenses; service-incurred; sick leave;
Judgment 3309
117th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Administrative Council’s decision modifying the calculation method for the annual leave entitlement of employees on part-time sick leave.
Judgment keywords
Keywords:
annual leave; complaint dismissed; sick leave;
Judgment 3306
117th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Administration’s interpretation and application of the opinion of the Medical Board regarding the end of his sick leave.
Judgment keywords
Keywords:
complaint dismissed; sick leave;
Judgment 3175
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his contract until the end of his sick leave.
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; sick leave;
Consideration 14
Extract:
[A]s the Organization points out, the Tribunal has clarified its position regarding the extension of a contract to cover sick
leave. In Judgments 1494 (under 6 and 7) and 2098 (under 8) it made it plain that the precedent set in Judgments 607 and 938, on which the complainant relies, must not be applied out of context; obviously, the Tribunal did not establish a rule whereby, whatever the circumstances, an official who falls ill towards the end of his or her appointment is entitled to have it extended beyond the date of expiry and to receive a salary for the same term. It is equally plain that the principle set forth in Judgment 938, under 12, that “a staff member cannot be separated while on sick leave” must be seen in context; it cannot be extended to every case in which an appointment ends.
Reference(s)
ILOAT Judgment(s): 607, 938, 1494, 2098
Keywords:
non-renewal of contract; sick leave;
Judgment 3104
112th Session, 2012
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[T]he fact that the complainant was not given enough work upon her return from sick leave, which led her to feel marginalised and humiliated, offended her dignity and constitutes an element of the breach of duty of care."
Keywords:
duty of care; organisation's duties; refusal to assign work; respect for dignity; sick leave;
Judgment 3057
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
annual leave; complaint allowed; decision quashed; sick leave;
Judgment 2593
102nd Session, 2007
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Just as entitlement to sick leave terminates on the date of termination of an official's appointment, it is suspended during the period when the official is on special leave without salary."
Keywords:
date; official; period; right; separation from service; sick leave; special leave; unpaid leave;
Judgment 2424
98th Session, 2005
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[T]he Joint Committee [...] refused the complainant's request to reschedule her hearing, yet her request for postponement was justified by the fact that she was declared unfit for work and that the date of the hearing was so close (she was summoned on 4 July in the afternoon for a hearing to be held on 7 July) that it did not leave her time either to prepare her defence properly or to be assisted by a counsel of her own choosing. The Tribunal rejects the reasons given for the refusal to reschedule the hearing, which were that, since the complainant had already been heard by the Joint Committee during the procedure relating to the conversion of appointments, and since the members of the Joint Committee for Disputes considered that the case file provided them with sufficient information, a hearing before the latter Committee was unnecessary. But considering that it was the Joint Committee for Disputes itself which took the initiative of summoning the complainant to a hearing, it could hardly have deemed that hearing to be «unnecessary»."
Keywords:
advisory body; composition of the internal appeals body; contract; counsel; grounds; incapacity; internal appeal; internal appeals body; oral proceedings; sick leave; time limit;
Judgment 2350
97th Session, 2004
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The Administration accessed the complainant's computer while she was on sick leave. The Tribunal considers that "the events which occurred during the complainant's absence on sick leave were most unfortunate. However [...] it is understandable that, given the urgency attending the Sub-Committee meeting preparations on which the complainant was working, her computer was accessed. [The] matter could and should have been handled with greater sensitivity and with proper regard to the complainant's privacy. Even so, those events fall far short of establishing hostility amounting to harassment."
Keywords:
confidential evidence; formal requirements; lack of evidence; mitigating circumstances; organisation's duties; respect for dignity; sick leave; working relations;
Judgment 2316
96th Session, 2004
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 19-20
Extract:
The complainant wants to be granted her salary increment to step X retroactively. "The particular circumstances upon which the ITU relies to argue that the complainant should not be granted her step X increment are that the unsatisfactory nature of her services had already been documented prior to the report signed on 3 May 2002 and that she did not cooperate with the establishment of her periodic appraisals. It may at once be noted that the appraisal for the relevant period was not made in May 2002, but in November of that year. Further, and given the complainant's absence on sick leave at various times during the relevant appraisal periods, it is difficult to infer lack of cooperation on her part. However, and more to the point, the matters upon which the Union relies fall far short of establishing that it made a genuine effort to comply with its own procedures, and do not show that the complainant frustrated or sabotaged any such effort. That being so [...], those considerations cannot defeat the complainant's entitlement to her step X increment retroactively. The treatment of the complainant by the ITU is [...] unacceptable."
Keywords:
claim; complainant; date; evidence; increment; liability; organisation; organisation's duties; patere legem; performance report; period; procedure before the tribunal; request by a party; right; sick leave; unsatisfactory service; work appraisal;
Judgment 2271
96th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The confidential nature of medical information concerning the state of health of staff members constitutes a key element of their right to privacy. It is no doubt both necessary and legitimate for an international organisation, like any employer, to investigate requests for sick leave, to examine medical certificates and to have the health of its staff members checked by appropriate means. Such information should be gathered and processed on a fully confidential basis, however, and should never be communicated to third parties without the explicit consent of the person concerned. [...] The fact that the members of the Appeals Committee are bound by an obligation of confidentiality does not mean that information covered by medical secrecy can be disclosed to them without the consent of the persons concerned."
Keywords:
communication to third party; confidential evidence; internal appeals body; lack of consent; medical certificate; medical records; organisation's duties; right to privacy; sick leave;
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 2098
92nd Session, 2002
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant's appointment was terminated by mutual agreement. He appears to object that the organization terminated his employment while he was on sick leave. "Although the Tribunal held in Judgment 938 [...] that a staff member cannot be separated while on sick leave, it later pointed out that its ruling was to be seen in context and could not be applied in any circumstances whatever (see Judgment 1494 [...], under 6). The rule being intended to protect the staff member, it cannot be applied where the termination is the subject of an agreement, particularly when it has been mooted by the staff member concerned".
Reference(s)
ILOAT Judgment(s): 938, 1494
Keywords:
agreed termination; case law; condition; contract; exception; iloat; limits; separation from service; sick leave;
Judgment 2052
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The decision not to give permission to spend sick leave elsewhere than at the staff member's place of residence is clearly discretionary in nature. It is well-established by the case law of the Tribunal that a discretionary decision is subject to limited review."
Keywords:
decision; discretion; duty station; judicial review; limits; residence; sick leave;
Judgment 1818
86th Session, 1999
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The provisions of the Statute and Staff Rules aiming at protecting staff members against termination in the course of sick leave do not prevent an organization from accepting, during such leave, the letter of resignation of a staff member, if the latter wrote his letter of his own free will.
Keywords:
acceptance; condition; lack of consent; resignation; sick leave; staff regulations and rules; termination of employment;
Judgment 1640
83rd Session, 1997
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"The medical opinions of independent medical practitioners would ordinarily prevail and the Tribunal would not interfere. But this is no ordinary case. [...] The Tribunal had to appoint a medical expert to give a final opinion on the complainant's medical condition [...]. That expert found that she was not fit to return to work", a finding that was at odds with the medical opinions that the Agency has relied on to justify its decision.
Keywords:
different appraisals; exception; illness; judicial review; limits; medical examination; medical fitness; medical opinion; sick leave;
Judgment 1637
83rd Session, 1997
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16(c)
Extract:
The complainant claims an invalidity pension. The Tribunal holds that he is not entitled to one. "Articles 11.1 and 11.2, [of UNIDO's Staff Rules], which deal with total or partial disability attributable to the performance of official duties, do not apply to cases like this one where, after several months' sick leave on full pay, the member does not go back to work and the reason is not that he is unfit but that he has reached the age of retirement and has had to stop work because of a decision no longer subject to challenge."
Reference(s)
Organization rules reference: ARTICLES 11.1 AND 11.2 OF UNIDO'S STAFF RULE
Keywords:
age limit; invalidity; res judicata; retirement; separation from service; service-incurred; sick leave; staff regulations and rules;
Judgment 1494
80th Session, 1996
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Though the Tribunal held in [Judgment 938 under] 12 that 'a staff member cannot be separated while on sick leave', the ruling must be seen in context: it cannot apply to termination in any circumstances whatever. [...] In [that] case the defendant organisation had dismissed [a staff member] at a time when she said she was ill and had applied for sick leave. The Organisation refused to grant her the leave on the grounds that she was not ill."
Reference(s)
ILOAT Judgment(s): 938
Keywords:
case law; contract; extension of contract; illness; international civil service principles; interpretation; non-renewal of contract; sick leave; social benefits; staff regulations and rules;
Consideration 6
Extract:
"The judgments [607 and 938 that the complainant] relies on must not be read out of context. The Tribunal was not ruling therein that someone who falls ill towards the end of his appointment should, whatever the circumstances, be entitled to sick leave, to the consequent extension beyond the date of expiry and to pay for the same term. Indeed it ruled out the idea of such extension in Judgment 157 [...]."
Reference(s)
ILOAT Judgment(s): 157, 607, 938
Keywords:
case law; contract; extension of contract; illness; non-renewal of contract; salary; sick leave; staff regulations and rules;
Consideration 7
Extract:
"Whether sick leave is to be extended beyond the date of expiry of an appointment is a question to be seen first and foremost in the light of the social protection afforded by an organisation's rules, which are to be construed according to the law of the international civil service."
Keywords:
case law; contract; international civil service principles; interpretation; sick leave; social benefits; staff regulations and rules;
Consideration 8
Extract:
"In such circumstances, where the staff member's appointment expires and he decides, when still well, not to carry on, and where he has adequate social protection against illness and invalidity, there are no social grounds [...] for granting him sick leave after the expiry of his appointment."
Keywords:
contract; sick leave; social benefits;
Judgment 1432
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Some days before the expiry of her contract the complainant's doctor prescribed a medical certificate for one month's sick leave. The complainant invokes Judgment 932 [...] which states that "a staff member cannot be separated while on sick leave" and argues that her appointment was prolonged for the duration of the sick leave. The Tribunal holds that "the effect was not to postpone the scheduled date of expiry of her contract. The fact is that she was not treated as having been on sick leave [during the period preceding the expiry of her contract]. So Judgment 938 [...] does not support her case."
Reference(s)
ILOAT Judgment(s): 938
Keywords:
case law; contract; non-renewal of contract; separation from service; sick leave;
Judgment 1425
79th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant argues that an international official who is unfit for work may be dismissed only for reasons of health. "That is beside the point because hers is not a case of dismissal. What happened was that [...] CERN refused to renew her appointment".
Keywords:
complainant; contract; health reasons; incapacity; non-renewal of contract; separation from service; sick leave; termination of employment; termination of employment for health reasons;
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