Judgment 4622
135th Session, 2023
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment for reasons of health.
Judgment keywords
Keywords:
complaint allowed; health reasons; termination of employment; termination of employment for health reasons;
Judgment 4415
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to impose upon him the disciplinary measure of dismissal for misconduct.
Consideration 12
Extract:
In appropriate cases, the health of a staff member who is the subject of disciplinary proceedings can be a mitigating factor (see, for example, Judgments 4051 and 3602) but not always (see, for example, Judgment 1984). It was in the present case. The need for the complainant to have recourse to medicinal cannabis is certainly relevant to the first set of charges. The meaning of the emphasised words in consideration 9, above, is far from clear. But their import appears to be that the complainant would have been aware of the consequences of his actions, notwithstanding his medical condition, the pain it generated and the need to lessen or eliminate that pain. But his medically sanctioned recourse to medicinal cannabis plainly feeds into the question of the degree or extent of his culpability for attending the EPO premises under the influence of that drug and, indeed, consuming or storing that drug on those premises.
Reference(s)
ILOAT Judgment(s): 1984, 3602, 4051
Keywords:
disciplinary measure; health reasons; mitigating circumstances;
Judgment keywords
Keywords:
complaint allowed; decision quashed; disciplinary measure; health reasons; medical grounds; misconduct; termination of employment; termination of employment for health reasons;
Consideration 14
Extract:
The approach taken by the President to the question of the relevance of the complainant’s health and whether there were any mitigating circumstances or factors was significantly flawed. The impugned decision rejecting the request for review of the decision to dismiss the complainant for misconduct will be set aside.
Keywords:
disciplinary measure; final decision; health reasons; mitigating circumstances;
Judgment 4245
129th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her employment for reasons of health.
Judgment keywords
Keywords:
complaint dismissed; health reasons; termination of employment; termination of employment for health reasons;
Judgment 4177
128th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her fixed-term appointment for health reasons.
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; health reasons; termination of employment; termination of employment for health reasons;
Judgment 4176
128th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment following the abolition of his post and the unsuccessful redeployment process.
Judgment keywords
Keywords:
complaint allowed; health reasons; redeployment; termination of employment; termination of employment for health reasons;
Judgment 4064
127th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a request made by the Administration of the FAO that he provide comments, while he was on certified sick leave, on a report issued by the Investigation Panel appointed to investigate allegations of harassment against him.
Considerations 8-9
Extract:
Based on the evidence before the Tribunal, there is nothing in the FAO rules regime and no proven practice which provide guidance on how the requirement of Part II(b)(iv)(g) of the Policy on the Prevention of Harassment is to be fulfilled where a staff member who is accused of harassment is on certified sick leave. Given the FAO’s duty under the Policy on the Prevention of Harassment to investigate harassment complaints, it is reasonable that it could ask a staff member who is on sick leave to comment upon an IP report if doing so would not exacerbate the illness which occasioned the grant of sick leave and if she or he is fit to do so.
[...] In the Tribunal’s view, the FAO took reasonable steps to discharge its duty to accord due process to the complainant, as well as its duty of care and its duty to be fair to him, while it sought to discharge its duty to implement its Policy on the Prevention of Harassment.
Keywords:
due process; duty of care; harassment; health reasons; inquiry; investigation; medical fitness; sick leave;
Judgment 3953
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to impose upon her the disciplinary measure of downgrading and to recover from her undue payments through monthly deductions from her salary.
Consideration 13
Extract:
Regarding the question of the complainant’s health condition and the Disciplinary Committee’s failure to seek an expert medical opinion, the Tribunal notes that the Disciplinary Committee took account of the complainant’s state of health as a mitigating factor when deciding the proportionality of the recommended sanction.
Keywords:
disciplinary measure; health reasons; mitigating circumstances;
Judgment 3887
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to dismiss him, for misconduct, with immediate effect and with reduction of pension entitlements.
Consideration 13
Extract:
The complainant’s refusal to fulfill his obligations with regard to his work as an examiner is well-established. However, the President’s decision to dismiss the complainant under Article 93(2)(f) of the Service Regulations is vitiated by the fact that neither the President, nor the Disciplinary Committee could have made a proper assessment of the allegations without taking into account whether the complainant acted intentionally, and in control of his faculties, or if the complainant suffered from a mental illness that prevented him from behaving in accordance with his obligations as a permanent employee.
Keywords:
disciplinary measure; duty of care; health reasons; intention of parties; misconduct; termination of employment; termination of employment for health reasons;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; disciplinary procedure; health reasons; misconduct;
Consideration 16
Extract:
[I]n the absence of an expert psychiatric opinion that the complainant was not suffering from a psychiatric illness, it would be unlawful for the President to dismiss the complainant for misconduct, which, in this case, involves intentional behaviour, though he plainly could for unsatisfactory service.
Keywords:
health reasons; misconduct;
Judgment 3744
123rd Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the FAO’s decision to terminate his appointment for health reasons.
Judgment keywords
Keywords:
complaint dismissed; health reasons; termination of employment; termination of employment for health reasons;
Judgment 3733
123rd Session, 2017
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision dismissing his two internal appeals on health-related claims.
Judgment keywords
Keywords:
complaint dismissed; health reasons;
Judgment 3687
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns WHO’s decision to terminate her appointment for health reasons.
Judgment keywords
Keywords:
complaint dismissed; health reasons; termination of employment; termination of employment for health reasons;
Judgment 3574
121st Session, 2016
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his appointment for health reasons.
Judgment keywords
Keywords:
complaint allowed; health reasons; right to reply; termination of employment; termination of employment for health reasons;
Judgment 3484
120th Session, 2015
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the FAO’s rejection of his request to be transferred back to the Security Service.
Judgment keywords
Keywords:
complaint dismissed; health reasons; transfer;
Judgment 3124
113th Session, 2012
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; health reasons; right to be heard; termination of employment; termination of employment for health reasons;
Judgment 2616
102nd Session, 2007
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"The failure of the [Joint Disciplinary Committee] and, in turn, the Director-General to take into account the highly relevant evidence as to the complainant's health [...] constitutes an error of law."
Keywords:
advisory body; disciplinary procedure; disregard of essential fact; evidence; executive head; health reasons; organisation's duties;
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;
Judgment 1233
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"At the time of her dismissal for reasons of health under Staff Regulation 9.1 she was no longer able to carry out her duties and therefore met the conditions in that Regulation. The organization [...] afforded her all the safeguards international civil servants are entitled to. So there was no abuse of authority."
Reference(s)
Organization rules reference: UNESCO STAFF REGULATION 9.1
Keywords:
abuse of power; decision; health reasons; incapacity; medical fitness; misuse of authority; right to reply; staff regulations and rules; termination of employment; termination of employment for health reasons;
Consideration 9
Extract:
The complainant seeks the quashing of her dismissal for reasons of health. Such dismissal, she maintains, was wrong unless her incapacity was total. The claim "is receivable because several times she sought the quashing of her dismissal and put the matter to the Appeals Board. Though she did withdraw several appeals that were before the Board she never expressly waived her objections to dismissal."
Keywords:
claim; health reasons; internal appeal; internal remedies exhausted; receivability of the complaint; termination of employment; termination of employment for health reasons; waiver of right of appeal; withdrawal of suit;
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 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, whose contract was ended for reasons of health, refused disclosure of his medical file. "He [...] produces several certificates from doctors who have treated him. While not questioning their professional competence, the Tribunal will observe that the certificates have no value as evidence since the complainant refuses to let the who physician state his opinion. The complainant's position has destroyed the parity there should be between the parties, and the Tribunal can restore it only by discounting the medical certificate she has produced."
Keywords:
adversarial proceedings; appraisal of evidence; disclosure of evidence; evidence; health reasons; medical certificate; termination of employment; termination of employment for health reasons;
Consideration 3
Extract:
The complainant, whose contract was terminated for health reasons, declined to allow access to his medical file, he applies for an expert inquiry. "This claim [...] fails. The Tribunal is never bound to order such an inquiry". The Tribunal does not believe an inquiry necessary to ascertain the truth. "In coming to that view it is not making an appraisal of fact which is outside the competence of its members; this is no more than the consequence in law of the fact of the complainant's refusal to allow disclosure of the medical file."
Keywords:
complainant; expert inquiry; health reasons; medical examination; refusal; request by a party; termination of employment; termination of employment for health reasons; tribunal;
Judgment 541
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
When rendering his opinion, the organization's doctor took insufficient account of essential facts. "The complainant is therefore entitled to relief. The relief can take the form of re-instatement, which is one of the remedies sought by the complainant, or the payment of compensation, which is an alternative remedy sought. In the circumstances of this case, the latter solution appears more desirable [...]."
Keywords:
health reasons; material damages; reinstatement; subsidiary; termination of employment; termination of employment for health reasons;
Considerations
Extract:
The complainant was classified "unfit for employment". Her appointment was terminated. The Tribunal found that in failing to accord the medical opinion of the complainant's personal physician the serious and thorough consideration it deserved, the organization's chief medical officer took insufficient account of an essential fact. The decision suffers from a defect which the Tribunal will take into consideration.
Keywords:
disregard of essential fact; health reasons; medical consultant; medical fitness; medical opinion; termination of employment; termination of employment for health reasons;
