Illness (408, 409, 410, 411, 415, 416, 417, 418, 419, 422, 678,-666)
You searched for:
Keywords: Illness
Total judgments found: 77
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Judgment 1843
87th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
The complainant did not attend the compulsory medical examination on termination of appointment which he had been requested to undergo. "A medical examination at the time of termination is not a mere formality: it is intended to establish with some degree of certainty - in the interests of both parties - a staff member's state of health upon termination. [...] The Tribunal holds that Article R II 4.20 b) of the Staff Regulations disqualified the complainant from making a claim for compensation in respect of a work-related injury or illness discovered after termination."
Reference(s)
Organization rules reference: ARTICLE R II 4.20 B) OF THE ESO STAFF REGULATIONS
Keywords:
allowance; enforcement; illness; medical examination; separation from service; staff member's duties; staff regulations and rules;
Judgment 1834
86th Session, 1999
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organization placed the complainant on special leave without pay in August 1995, and told her in January 1996 that to stay on special leave she would have to provide medical certificates of inability to go back to work. "The complainant contends that her separation was in breach of her special leave status. [The Tribunal holds that] the receipt of [monthly medical] reports by the chief medical officer was clearly a condition of her maintaining special leave status. Her refusal, without persuasive justification, to submit the requested information [over several months] is a breach of that condition and ample indication of her intent to abandon her post."
Keywords:
abandonment of post; condition; illness; medical certificate; refusal; special leave; staff member's duties; 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(d)
Extract:
The complainant alleges that he has been a victim of harassment by his supervisor. The Tribunal notes that "the conditions the complainant suffered in his last few months of work harmed his health. They caused him injury for which he is entitled to redress. Acting by virtue of Article II, paragraph 2, of its Statute [...]. The Tribunal awards him damages".
Reference(s)
ILOAT reference: ARTICLE II(2) OF THE STATUTE
Keywords:
compensation; harassment; illness; iloat statute; injury; moral injury; organisation's duties; respect for dignity; service-incurred; working conditions;
Judgment 1536
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant seeks admission to the health insurance fund two years after his retirement even though the time limit for such claims is three months. "The answer to the complainant's plea of breach of equality is that the admission of the other retired official as an associate participant was a wrong decision. It should not be followed, and the board of management was right to refuse to follow it. Equality of treatment means equality in the observance of the law, not in the breach of it."
Keywords:
definition; equal treatment; general principle; health insurance; illness; insurance; retirement; time limit;
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;
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 1284
75th Session, 1993
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant's main claim - that his condition be declared attributable to the performance of official duties - fails because the Tribunal may not substitute its own assessment of the case for the Medical Board's."
Keywords:
discretion; illness; judicial review; medical board; report; service-incurred;
Judgment 1241
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainants object to the way of reckoning their premiums "the change the complainants object to is part of wider reforms the WHO made to put the scheme on a sounder financial footing over the long term. The Organization is right to pursue that aim by all suitable means at its disposal, and they include measures to ensure that, in keeping with the notion of mutual aid, everyone bears a fair share of costs."
Keywords:
amendment to the rules; budgetary reasons; contributions; illness; insurance; scale; social solidarity; written rule;
Consideration 24
Extract:
The complainants object to the way of reckoning their premiums under the organization's health insurance scheme in accordance with an amendment to its rules. They allege breach of acquired rights. "The organization has not discriminated against them: far from it. Its purpose was to remove an unfair advantage the rules used to confer on them. Such corrective action may not be treated as breach of acquired rights even if the advantage was enjoyed for a long time."
Keywords:
acquired right; amendment to the rules; budgetary reasons; contributions; equal treatment; health insurance; illness; insurance; social solidarity; written rule;
Judgment 1232
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant, a civil servant of the organization who had been sentenced in his country of origin, was released from prison but was not allowed to leave the country. Under duress he wrote a letter applying for early retirement which was forwarded to the organization by his government. The organization accepted the request and rejected the complainant's internal appeal against that decision. The Tribunal quashes the decision. "The organization must reinstate [the complainant] and restore pension and sickness insurance entitlements for himself and his dependants. It shall pay him damages reckoned according to the amount of the salary and allowances he would have been entitled to".
Keywords:
allowance; consequence; health insurance; illness; insurance; judgment of the tribunal; pension entitlements; reckoning; reconstruction of career; salary;
Judgment 1186
73rd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainants object to the abolition of free after-service health insurance cover. They contend that as serving officials they contributed to a health scheme that covered both their own medical expenses and those of former officials. The FAO's answer is that they never contributed to a health scheme that was intended to cover the expenses incurred both by serving and by retired officials. "The complainants are mistaken: as to medical insurance coverage their position before retirement was distinct from their position after it and amendments in the terms of their coverage after they had left had no retroactive effect on their earlier coverage."
Keywords:
amendment to the rules; further submissions; health insurance; illness; insurance; medical expenses; non-retroactivity; separation from service;
Judgment 1180
73rd Session, 1992
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The complainant received treatment in a clinic. He had an operation and on that account spent five days in the clinic's department of surgery. The organisation agreed to refund the costs of his operation and the five-day hospital stay which it entailed. However it refused to regard the remainder of his stay in the clinic as "hospitalisation" and treated it as "a cure at a watering place". The material issue is whether that decision was lawful. "The Tribunal is satisfied that the Director General was right to decide that the complainant's stay at the clinic did not warrant the refund of his costs at the 'hospitalisation' rate [...] and that to regard but five days of that stay as 'a cure at a watering place' rather than hospitalisation for medical treatment was in line with the material rules."
Keywords:
cure; health insurance; illness; medical expenses; refund;
Consideration 4
Extract:
"The complainant argues that the Agency ought to have consulted an independent doctor. But there was no requirement in the Rules that it refer the complainant's case to outside doctors; indeed the Director General was right to rely on Eurocontrol's own medical officer, who was authorised to assess the position both by his own lights and in view of the opinion expressed by the complainant's own doctor. The complainant has not adduced any evidence to suggest that the Agency's medical officer made an improper assessment either of the state of the complainant's health or of the nature of the treatment he received [...] There is therefore no reason for the Tribunal to seek further expert advice".
Keywords:
expert inquiry; illness; medical consultant; medical opinion;
Judgment 1176
73rd Session, 1992
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"Treating a person as a dependent child of the staff member in accordance with [the material provisions] confers health insurance coverage ipso facto on that person. [...] Eurocontrol must consider the consequences its decision [to treat someone as a dependent child] will have for insurance coverage."
Keywords:
dependant; dependent child; health insurance; illness; insurance; medical expenses; organisation's duties;
Considerations 11 and 13
Extract:
Eurocontrol asked the complainant to supply proof that the dependant for whom he was seeking health insurance had no means of gaining cover for sickness under another public health scheme in keeping with Article 2(2) of Rule No. 10 of the Staff Regulations. "But since what is required is disproof - viz. proof that there is no coverage under this or that scheme - Eurocontrol may not consistently lay the burden on the insured member. If it did so, there would be a danger of making the rule unworkable. A fortiori it may not, after duly determining on all the material evidence at its disposal that someone may be treated as a dependent child, raise the question of possible coverage by another public scheme whenever the insured member happens to claim refund or to seek prior authorisation of expenditure."
Reference(s)
Organization rules reference: Article 2(2) of Rule no. 10 of the Staff Regulations
Keywords:
burden of proof; dependant; dependent child; evidence; health insurance; illness; insurance; medical expenses; organisation's duties;
Judgment 1094
70th Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 24-25
Extract:
Under Article 72 of the Staff Regulations governing officials and of the General Conditions of employment of the Agency the Director general is "empowered to do whatever is needed to make the [health] scheme workable and financially sound, provided that he abides by the provisions of the Staff Regulations, and the cost is shared between organisation and staff in line with the principle of solidarity. That is why it is a proper precaution to set maximum limits on the costs of some forms of treatment and to require prior permission in some cases." Setting the rate of refund at 100 per cent for certain forms of treatment, including confinement, does not bar maximum limits.
Reference(s)
Organization rules reference: ARTICLE 72 OF EUROCONTROL STAFF REGULATIONS
Keywords:
health insurance; illness; insurance; maximum limit; medical expenses; refund; social solidarity;
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 925
65th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The scheme member has a duty to support a claim with documents that are clear enough for the administration to be able to tell what the treatment was and to apply the right rate of refund."
Keywords:
burden of proof; disclosure of evidence; evidence; health insurance; illness; insurance; medical expenses; rate; request by a party;
Judgment 889
64th Session, 1988
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The burden is on [the complainant] to prove service-incurred illness."
Keywords:
burden of proof; complainant; evidence; illness; service-incurred;
Considerations 4-5
Extract:
"The new text of [Article] II 4.01 [CERN Pension Fund] reads: 'Unsuitability is the reduction, presumed to be permanent or long-term, by at least 1/3 in earning capacity resulting from a deterioration in physical or mental health, which occurred while the person concerned held a contract with one of the participating organizations'. [...] The complainant did not satisfy the conditions in [Article] II 4.01."
Reference(s)
Organization rules reference: ARTICLE II 4.01 OF THE CERN PENSION FUND
Keywords:
cern pension fund; definition; illness; incapacity; medical fitness; service-incurred;
Consideration 3
Extract:
"Although the disputes [between the complainant and his employer] may indeed have made his condition worse, it is not established that that condition was directly attributable to his employment."
Keywords:
cause; illness; service-incurred; working relations;
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 770
59th Session, 1986
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was injured in an aircraft accident while on an official mission. He sought compensation from the airline whose plane had caused the accident. The airline agreed to conclude a reasonable settlement. The complainant never disclosed the amount of the payment made to him. Under the circumstances, the Tribunal holds that it was proper for the organization to deny the complainant further benefits. Indeed, paragraph 32 of aAnnex E to the WHO Manual releases the compensation scheme from the obligation to make payments to a staff member who has obtained satisfaction through a third party.
Reference(s)
Organization rules reference: PARAGRAPH 32 OF ANNEX E TO THE WHO MANUAL
Keywords:
accumulation; health insurance; illness; insurance; medical expenses; organisation; professional accident; refusal; service-incurred;
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;
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