Special hazard (405,-666)

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Keywords: Special hazard
Total judgments found: 5

• Judgment 2089

  
  92nd Session, 2002
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  "To accept that pensions must always be adjusted to keep in line with post-retirement salary increases would be to expose pension funds to an uncertain and unmeasurable future liability which might well in the end wipe out the funds themselves."

  Keywords:

  acceptance; adjustment; discontinuance; increase; pension; pension adjustment system; retirement; salary; separation from service; special hazard; subsequent fact; unjspf;
  

  
  
  

• Judgment 1486

  
  80th Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  "The Tribunal concludes that the complainant's illness must be assumed to have been directly due to his assignment by the FAO to an area posing a special hazard to his health, to have occurred as a result of that hazard, and therefore to be service-incurred within the meaning of Manual Paragraph 342.213."

  Reference(s)

  Organization rules reference: PARAGRAPH 342.213 OF THE FAO MANUAL
  
  

  Keywords:

  duty station; field; illness; service-incurred; special hazard; staff regulations and rules;
  

  
  
  

• Judgment 543

  
  50th Session, 1983
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "There are [...] some well established limits to this obligation. Whatever the place of assignment, the post must be one as to which the duties of the post are set out in a post description, are within the capacity of the staff member and are not degrading. A staff member is not obliged to go to a place where she might have to run unacceptable risks of injury or ill health. in certain circumstances it may be the duty of the organization to consult with the staff member and take her views into account." Subject to limitations of this character, the matter falls under the Director's discretionary authority.

  Keywords:

  assignment; discretion; duty station; duty to inform; limits; post description; special hazard;
  

  
  
  

• Judgment 435

  
  45th Session, 1980
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The organization "would have incurred liability beyond the requirements of the Staff Rules and Regulations only if it had exposed the complainant to a degree of danger incompatible with the normal performance of his duties and beyond the requirements of his contract of appointment." This was not the case. There is no need to consider whether the organization had been negligent by failing to take precautions against the accident in question.

  Keywords:

  assignment; liability; organisation; professional accident; service-incurred; special hazard;
  

  
  
  

• Judgment 402

  
  43rd Session, 1980
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "In some employments there are unavoidable risks. [...] The question in each case is whether the risk is abnormal having regard to the nature of the employment. In a case such as the present a reasonable test (though this is only one possible criterion) might be to consider whether an insurance company could, because of the civil war [...] properly demand an additional premium for cover against the risk of injury [...]. If so, the risk would be abnormal."

  Keywords:

  duty station; health insurance; insurance; special hazard; working conditions;
  

  Consideration 2

  Extract:

  An abnormal risk "might be quite a sensible risk for a man to take who had a sufficient motive for taking it. But an employee is not obliged to run abnormal risks for the benefit of his employer, at any rate unless he is given insurance cover."

  Keywords:

  insurance; organisation's interest; special hazard; staff member's duties;
  

  Consideration 2

  Extract:

  "The employee does not have to show that he was being asked to do something foolhardy. It is unnecessary [...] to suggest [...] that the order to return to [the duty station] was irresponsible. It was not, except in the sense that it may be irresponsible to require a staff member to return to a high risk area without offering him full insurance cover. Certainly, it might be said to be irresponsible for a man with dependants [...] to go [...] without full insurance cover."

  Keywords:

  complainant; duty station; insurance; liability; organisation; special hazard;
  

  Consideration 2

  Extract:

  If an employer has failed to exercise due skill and care in arriving at a judgment on the safety of the place of work, the employee is entitled to compensation in full against the consequences of the misjudgment. "This principle is to be applied with due regard to the nature of the employment. In some employments there are unavoidable risks. A doctor may have to risk infection and a soldier or a policeman to risk bombs. The question in each case is whether the risk is abnormal having regard to the nature of the employment."

  Keywords:

  damages; duty station; negligence; organisation; right; special hazard;
  

  Consideration 1

  Extract:

  "If there is doubt about the safety of a place of work, it is the duty of the employer to make the necessary inquiries and to arrive at a reasonable and careful judgement [...]. If [the employee] accepts the order, as prima facie he is bound to do, and the employer has failed to exercise due skill and care in arriving at his judgment, the employee is, subject to any contrary provision in the contract, entitled to be indemnified in full against the consequences of the misjudgment."

  Keywords:

  acceptance; assignment; damages; duty station; inquiry; investigation; negligence; organisation; organisation's duties; right; special hazard;