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Health reasons (411,-666)
You searched for:
Keywords: Health reasons
Total judgments found: 27
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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 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant had been on leave and then fell sick. He should have informed the registrar or have taken steps to ensure that the communication containing the memorandum in reply to his complaint was forwarded to him. "Consequently it was his own fault that he did not receive the communication [...] and did not reply within the time limit. There is therefore no reason to grant him a further time limit for his reply. Moreover, this could have been done only if it had been requested before the expiry of the original time limit. [...] The complainant's application was tardy." Since the dossier contains several memoranda by the complainant, the Tribunal can take its decision in full knowledge of the facts.
Keywords:
closure of written proceedings; complainant; delay; health reasons; negligence; new time limit; rejoinder; submissions;
Judgment 154
23rd Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(C)
Extract:
The Director-General was not obliged to postpone the complainant's re-assignment because of alleged ill health. The disorders cited did not afford sufficient proof that he was unable to comply with the transfer order. The medical certificate bears a date later than the date of the complainant's scheduled departure. "In any event, it was not incumbent on the organisation to carry out automatically any inquiry into the complainant's state of health."
Keywords:
health reasons; medical examination; organisation's duties; time limit; transfer;
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;
Judgment 21
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on receivability
Extract:
"Whereas the complaint was not submitted within the period of time of 90 days provided in the Regulations running from the date on which the decision impugned was taken [...], such was due to the transfer of the complainant to hospital [...] the complainant could only take cognizance of this decision at the conclusion of her hospitalization [...]. She brought her complaint in due form within ninety days from that date [...]. The organization does not [...] plead non-receivability following the late notification of the complaint; the delay is clearly due to vis major".
Keywords:
complaint; exception; force majeure; health reasons; receivability of the complaint; time bar; time limit;
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