Judgment 4850
138th Session, 2024
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to terminate his fixed-term appointment for reasons of health.
Consideration 9
Extract:
The Tribunal is satisfied the complainant suffered a moral injury as a result of being denied the right of review of the medical assessment leading directly to the termination of his employment, effective 1 October 2018. He is entitled to moral damages which are assessed in the sum of 10,000 Swiss francs.
Keywords:
burden of proof; duty to inform; loss of opportunity; medical opinion; moral damages; notification; termination of employment for health reasons;
Judgment keywords
Keywords:
burden of proof; complaint allowed; complaint allowed in part; duty of care; duty to inform; loss of opportunity; mandatory time limit; medical opinion; notification; termination of employment for health reasons;
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.
Judgment keywords
Keywords:
complaint allowed; decision quashed; disciplinary measure; health reasons; medical grounds; misconduct; termination of employment; termination of employment for health reasons;
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 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 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 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 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 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 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;
Judgment 376
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Tribunal will accept the unanimous opinion of the Medical Board, which consisted of three especially well-qualified physicians [...]." The organization was unable to find a post which, on the advice of the physicians, would have been suitable. The complainant's performance was not beyond criticism but the main reason for the impossibility of finding a suitable post for her "was that her duties were highly technical and so there were few posts suitable for her". Her appointment was terminated correctly.
Keywords:
health reasons; medical board; medical opinion; termination of employment; termination of employment for health reasons; unsatisfactory service;
Judgment 248
34th Session, 1975
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A staff member cannot properly be dismissed for reasons of health unless he is no longer physically or mentally fit for work."
Keywords:
condition; health reasons; incapacity; medical fitness; termination of employment; termination of employment for health reasons;
Judgment 192
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Provision is made under the Staff Rules "for termination of the appointment of a staff member who during his probationary period proves unsuitable for his post on medical grounds. Any decision taken under this provision lies within the Director-General's discretion, and can therefore be set aside by the tribunal only if [...]."
Keywords:
discretion; enforcement; health reasons; judicial review; medical fitness; probationary period; provision; staff regulations and rules; termination of employment; termination of employment for health reasons;
Consideration 2
Extract:
The complainant had been admitted to hospital suffering from a nervous breakdown. "The Director-General did not [...] exceed his discretion in failing to inquire into the working conditions prevailing at the complainant's place of employment. Whether or not the complainant's criticisms are justified, the fact remains that he reacted to the alleged difficulties in an abnormal manner which gave plausibility to the possibility of a relapse and appeared to justify his termination under" the applicable provision.
Keywords:
discretion; executive head; health reasons; inquiry; investigation; probationary period; project personnel; qualifications; refusal; termination of employment; termination of employment for health reasons; working conditions;
Judgment 126
20th Session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[H]aving recognised by decision of 22 March [...] which has become final as a result of this judgment of today's date, the need to transfer complainant to a different post, and having found it impossible to find another post acceptable to her, the Director-General was lawfully entitled to consider, after consulting the persons referred to [in the applicable provision], that the complainant's retention in the service of [the organization] was contrary to the interests of the organization."
Keywords:
health reasons; organisation; organisation's interest; refusal; request for transfer; termination of employment; termination of employment for health reasons;
