Sick leave (434,-666)

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Keywords: Sick leave
Total judgments found: 66

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• Judgment 1149

  
  72nd Session, 1992
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The Tribunal is not satisfied that the complainant's dignity was in any way impaired by his being on sick leave when his appointment expired. That an official is in hospital rather than at work at the office at the previously appointed date of termination is a mere accident of life. It cannot be seen by any reasonable person as detracting from the respect due to [him]."

  Keywords:

  organisation's duties; respect for dignity; separation from service; sick leave;
  

  
  
  

• Judgment 975

  
  66th Session, 1989
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "The practice of allowing mothers to defer prenatal maternity leave and to extend postnatal maternity leave correspondingly does not entitle the complainant to substitute sick leave for maternity leave, that being contrary to the provisions of the Regulations."

  Keywords:

  enforcement; extension of contract; maternity leave; practice; provision; sick leave; staff regulations and rules;
  

  
  
  

• Judgment 938

  
  65th Session, 1988
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "A staff member cannot be separated while on sick leave."

  Keywords:

  contract; extension of contract; fixed-term; illness; non-renewal of contract; organisation's duties; sick leave; unsatisfactory service;
  

  
  
  

• Judgment 932

  
  65th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10(C)

  Extract:

  "If in the original medical examination by the Committee, the doctors and the complainant had failed to understand each other, that would afford grounds for impugning the opinion. [...] The burden of proof is on the complainant to satisfy the Tribunal that the findings of the medical examination (which denied him sick-leave) [...] should be set aside because of language difficulties."

  Keywords:

  burden of proof; complainant; flaw; lack of evidence; medical board; medical opinion; refusal; sick leave;
  

  
  
  

• Judgment 909

  
  64th Session, 1988
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  After using up his entitlement to sick leave on full pay, the complainant was put on half-pay. Having later failed to return to work after being declared fit, he was put on unpaid leave. This decision is found by the Tribunal to be in keeping with the provisions of the Staff Regulations on special leave.

  Keywords:

  medical fitness; sick leave; special leave; unpaid leave;
  

  
  
  

• Judgment 857

  
  63rd Session, 1987
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  Some weeks before the expiry of her contract, the complainant had a heart attack. In accordance with the Staff Regulations, her appointment was extended on 1 September for the duration of her sick leave. After ascertaining that the complainant was fit to work, the FAO terminated her sick leave and, a few days later, her appointment. The complainant has failed to show any irregularity in the application by the Director-General of the rules on sick leave.

  Keywords:

  contract; extension of contract; fixed-term; flaw; illness; non-renewal of contract; sick leave;
  

  
  
  

• Judgment 809

  
  61st Session, 1987
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "Unless leave is granted at his own wish or he is on sick leave - which is just an incident of employment - a paid staff member is entitled to be given work to do that matches his grade."

  Keywords:

  annual leave; assignment; exception; grade; leave; refusal to assign work; right; salary; sick leave;
  

  
  
  

• Judgment 769

  
  59th Session, 1986
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant fell ill on 15 August, a public holiday. He seeks an additional day of leave to make up for the day he lost. Whereas the complainant was neither on annual leave nor home leave at the time of his illness, his complaint is dismissed.

  Keywords:

  annual leave; compensatory leave; home leave; illness; public holiday; refusal; request by a party; sick leave;
  

  
  
  

• Judgment 706

  
  57th Session, 1985
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  In Judgment 607 the Tribunal decided that the complainant had the right to a medical leave as of 1 April 1981 and sent him back to the organization for it to set, after a medical inquiry, the duration of the leave. "The Tribunal concludes that, contrary to its own wishes and to the Director-General's instructions, the organization made a decision without consulting the complainant and refused to discuss questions of fact. To settle the matter once and for all the Tribunal will increase the period of leave from six to nine months, i.e. from 1 April to 31 December 1981."

  Reference(s)

  ILOAT Judgment(s): 607
  

  Keywords:

  execution of judgment; judgment of the tribunal; organisation; refusal; sick leave; tribunal;
  

  
  
  

• Judgment 652

  
  55th Session, 1985
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  When the case was referred to the medical adviser, all she did was to telephone [the complainant's] doctor. In the course of their conversation [the doctor] consented to change the earlier certificate and declare that [by a specified date] the complainant was again fit for work. [...] Such confabulation between professional colleagues is not in itself objectionable. It would no doubt have been more satisfactory if the two doctors had first carried out a clinical examination. [...] Their approach undoubtedly made it harder to establish the facts, and for that the complainant - whom they could have asked to undergo an examination - is not to blame. The burden of proof is therefore on the [organisation]."

  Keywords:

  burden of proof; medical certificate; medical consultant; medical examination; medical fitness; medical opinion; organisation; refusal; sick leave;
  

  Consideration 5

  Extract:

  "The mere production of a certificate from a doctor of the official's own choosing does not confer entitlement to sick leave. The organisation may always challenge the certificate on the strength of the opinion of a practitioner it has itself designated".

  Keywords:

  medical certificate; medical consultant; medical opinion; organisation; right; sick leave;
  

  
  
  

• Judgment 641

  
  54th Session, 1984
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  For health reasons the official's workload was supposed to be reduced. In reality, he made up for sick leave of two afternoons a week by working two mornings a week overtime. "Such an arrangement was obviously improper. [...] It is quite wrong for an employer [...] to allow such arrangements with a staff member whom it recognises as being on sick leave yet who, from a sense of professional responsibility or for some other reason, volunteers to do more work than he is authorised to do. The [organization] was therefore at fault and the question of its liability does arise."

  Keywords:

  compensatory measure; flaw; health reasons; liability; organisation; overtime; part-time employment; sick leave;
  

  
  
  

• Judgment 630

  
  54th Session, 1984
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant was not given any work. The organisation refers to her frequent absences on sick leave. "If the complainant was ill the ILO was under a duty to grant her rights under the Staff Regulations."

  Keywords:

  applicable law; illness; organisation's duties; refusal to assign work; sick leave; staff regulations and rules;
  

  
  
  

• Judgment 607

  
  52nd Session, 1984
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  The Director-General's decision to refuse the complainant sick leave is quashed. The duration of sick leave "may be determined only after medical inquiry. But the Tribunal will not order the submission of further evidence. When Unesco comes to execute this judgment the parties should be able to reach agreement [...] Failing that, the complainant may always come before the Tribunal again."

  Keywords:

  expert inquiry; medical examination; period; sick leave;
  

  Consideration 15

  Extract:

  A memorandum from the Director-General sets the conditions for renewal a fixed-term contract on the grounds of illness. "The memorandum is [...] material evidence, even though it is not part of the Staff Regulations, and the Tribunal will hold that Director-General overlooked essential facts if he refused renewal despite the complainant's fulfilling the conditions set in the memorandum."

  Keywords:

  administrative instruction; contract; disregard of essential fact; enforcement; extension of contract; organisation's duties; sick leave;
  

  Consideration 23

  Extract:

  The decision to refuse sick leave [by renewing a fixed-term contract] is quashed. "The Tribunal takes the view that pay for the period of sick leave will adequately compensate the complainant for the injury caused by the [organization's] unlawful decision, and there should be no further damages."

  Keywords:

  contract; extension of contract; fixed-term; non-renewal of contract; refusal; sick leave;
  

  
  
  

• Judgment 516

  
  49th Session, 1982
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The complainant was an honourable and useful official and committed no misconduct. Moreover, the non-renewal was a personal decision taken by the Director-General at his discretion. The same compassionate reasons which warranted retroactive extension of the appointment to 31 July [...] may therefore justify a further and final retroactive extension to 29 August [*] [...] Be that as it may, it is not a matter for the Tribunal to decide."
  [*] date based on a medical certificate.

  Keywords:

  contract; discretion; extension of contract; fixed-term; judicial review; non-renewal of contract; sick leave;
  

  
  
  

• Judgment 487

  
  48th Session, 1982
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant's absence from duty for which the organization's medical officer thought the application of sick leave unjustified was set against annual leave; the complainant contends that it was in fact a disciplinary measure tainted with abuse of authority. "In the circumstances of this case the application of the [material rule] by analogy and the consequent exclusion of [another rule] which would have entailed disciplinary action [...] constitutes no abuse of authority, since that authority was not exercised for any unlawful purpose."

  Keywords:

  abuse of power; analogy; annual leave; enforcement; illness; misuse of authority; provision; refusal; sick leave; unauthorised absence;
  

  Consideration 4

  Extract:

  "The Tribunal finds wilful harassment neither in the refusal to extend the period of sick leave nor - on account of the considerations relied on by the administration - in the summons [...] to the complainant [...] to see the [organization's] medical officer on the same day, nor in the refusal to hold an independent medical examination - a procedure for which there is no provision in the Staff Regulations and Staff Rules. On the contrary, the organization acted in the normal exercise of its authority."

  Keywords:

  expert inquiry; extension of contract; medical examination; refusal; sick leave;
  

  
  
  

• Judgment 189

  
  28th Session, 1972
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "Whether the complainant did all that [could reasonably be expected of him] to comply with his obligations [under the rule respecting the submission of periodic reports in the event of illness] is open to doubt." The organization had offered to credit the complainant with four days' pay described as "special leave"; the complainant wanted "sick leave pay". The offer was sensible and reasonable and "the making of it left the claim without substance unless it could be said that some question of principle was involved. In the opinion of the Tribunal there is no such question."

  Keywords:

  cause of action; illness; lack of injury; no cause of action; offer; organisation; refusal; sick leave; special leave; staff member's duties;
  

  
  
  

• Judgment 183

  
  27th Session, 1971
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "It is not established that the assessments in the performance report of the complainant's attitude to her work were influenced by the fact that she had prolonged absences on sick leave. It was on the basis of these assessments, and not because of the sick leave, which he expressly disregarded, that the Secretary-General took his decision. There are no grounds on which the Tribunal can interfere with it."

  Keywords:

  bias; increment withheld; salary; sick leave; step; work appraisal;
  

  
  
  

• Judgment 162

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "[I]t is unnecessary to consider whether the complainant underwent the medical examination provided for by [the Staff Rule], since this formality is merely a consequence of dismissal and not a condition of its validity. In any event the provisions concerning sickness leave were no impediment to dismissal, since [the applicable provision] provides that the right to sickness leave expires on the expiry of the contract."

  Keywords:

  condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
  

  
  
  

• Judgment 161

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  Vide Judgment 162, consideration 3.

  Reference(s)

  ILOAT Judgment(s): 162
  

  Keywords:

  condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
  

  
  
  

• Judgment 160

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  Vide Judgment 162, consideration 3.

  Reference(s)

  ILOAT Judgment(s): 162
  

  Keywords:

  condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
  

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