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Sick leave (434,-666)
You searched for:
Keywords: Sick leave
Total judgments found: 66
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Judgment 4800
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her requests for special leave for very serious illness of a child.
Consideration 15
Extract:
[T]he complainant has submitted evidence [...] from which it is clear that, on several occasions, she herself was granted special leave for serious illness of a child simply on the basis of ordinary medical certificates and that requests from employees for that type of leave are regularly granted without any other formality. The existence of such a practice which, according to the Tribunal’s case law, means that the Organisation is bound to comply with it (see, for example, Judgments 3680, consideration 12, and 1125, consideration 8) cannot therefore be seriously disputed.
Reference(s)
ILOAT Judgment(s): 1125, 3680
Keywords:
practice; sick leave;
Consideration 16
Extract:
[I]f the Office were to submit requests for special leave for serious illness of a child made under the aforementioned Article 59(3)(h) to the medical adviser for an opinion and, in order that those requests might be investigated, were to require the production of a medical certificate including a diagnosis of the medical condition involved, as in the case of requests for special leave for very serious illness, this would, in fact, breach the applicable provisions of the Service Regulations.
The Tribunal must point out that, in contrast to Article 59(3)(i), which deals with leave for very serious illness of a child, Article 59(3)(h) does not, in this regard, provide that the seriousness of the illness must be attested to by a doctor. The provisions of Article 89 of the Service Regulations are therefore not applicable to requests for leave made under Article 59(3)(h). The same goes for Rule 8 of Circular No. 22, which [...] only governs special leave for very serious illness (or hospitalisation) of a child referred to in Article 59(3)(i), and there is no other rule in that circular, nor [...] in any other existing set of rules, that contains similar provisions in relation to the leave referred to in Article 59(3)(h).
[...] However, it is clear that there is no requirement, when a request of that type is made, for the seriousness of the illness relied on to be evident from the medical certificate produced or for the grant of that leave to be conditional on the medical adviser’s opinion.
Keywords:
interpretation of rules; sick leave;
Consideration 17
Extract:
[A]llowing the complainant to access this benefit would entail the redefinition of her requests, since they referred to special leave for “very serious illness”, rather than “serious illness”, of a child. However, in this area, the Organisation should not adopt an excessively formalistic approach towards its employees [...].
Keywords:
due process; sick leave;
Judgment keywords
Keywords:
complaint allowed; sick leave;
Consideration 3
Extract:
It is clear from [Article 59(3) and Article 89 of the Service Regulations and Rule 8 of Circular No. 22 of 11 May 2015] that special leave requested by an employee for “very serious illness of a child” can only be granted following an opinion from the medical adviser, who must determine the seriousness of the illness in question, and that this opinion must be given in the light of a medical certificate provided by the doctor who examined the child – or, if applicable, on the basis of other documents or information provided by that doctor – containing sufficient details of the condition diagnosed to allow the medical adviser to make the necessary assessment.
[...]
[W]hile it is true that [...] Rule 8(b)(i) of Circular No. 22 does not, when listing the matters to be included in the medical certificate, expressly mention a diagnosis of the illness in question, the need for that diagnosis to be mentioned necessarily follows from the wording of that subparagraph where it specifies that the medical adviser is to inform the Office “whether in his opinion the medical conditions of Article 59(3)i) are met”, which means that the medical adviser must be in a position to verify the “very serious” nature of the illness in question.
[A]lthough it is true that the reference in Article 89(3) of the Service Regulations to the “employee’s doctor” is not appropriate in the particular case of leave requested for the illness of a child, it is clearly to be taken, in the legal context relevant to that situation, as a reference to the doctor consulted to examine the child, as is also clear from the wording used in Article 59 and in Circular No. 22.
Keywords:
interpretation of rules; sick leave;
Judgment 4728
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Medical Committee’s decision to further extend his sick leave until 31 March 2015 and its failure to recognise that he suffered from invalidity attributable to the performance of official duties.
Judgment keywords
Keywords:
complaint dismissed; invalidity; medical examination; service-incurred; sick leave; step in the procedure;
Judgment 4704
136th Session, 2023
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the determination made on his Clearance Certificate, upon his separation from service, that there was no medical reason to believe that he was incapacitated due to illness constituting an impairment to health likely to be permanent or of a long duration, as well as the decision to separate him from IAEA while on sick leave.
Considerations 9-10
Extract:
Judgments 938 and 607, on which the complainant relies, did not establish a general principle that a staff member may not be separated while on sick leave. The question of whether an organisation is under an obligation to extend a fixed-term contract to cover a period of sick leave must be determined by having regard to the organisation’s rules, including any established practice which is binding on the organisation. This position is consistently stated in the Tribunal’s case law, most recently in Judgment 3754, consideration 14:
“Early judgments of the Tribunal, such as Judgment 938 relied on by the complainant, may have been thought to establish a principle of general application that an official’s employment could not be terminated while the official was on sick leave. However it is clear that no such principle of general application has been established by the Tribunal’s case law. This issue was discussed by the Tribunal in Judgment 3175, consideration 14.”
As there was neither a provision in the IAEA’s Staff Regulations and Staff Rules, nor an established practice, or a principle of general application, requiring the IAEA to extend a staff member’s contract because she or he is on sick leave at the expiry of the contract, the IAEA was not obliged to extend the complainant’s contract to cover his sick leave.
Reference(s)
ILOAT Judgment(s): 607, 938, 3175, 3754
Keywords:
extension of contract; sick leave;
Judgment 4678
136th Session, 2023
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decisions not to extend his fixed-term contract due to unsatisfactory performance and to withhold his within-grade salary increment.
Consideration 2
Extract:
In the ordinary course, sick leave is not an exceptional circumstance in and of itself. The complainant should have provided the JAB with a reasonable explanation as to why his sick leave prevented him from requesting a review in a timely manner, and he did not. In these circumstances, the internal appeal was properly considered irreceivable.
Keywords:
exception; late appeal; sick leave;
Consideration 10
Extract:
As to the plea that the extended six-month PIP period was not completed, the Tribunal notes that the complainant went on sick leave shortly after the PIP had been extended. This circumstance did not preclude the Director-General from deciding not to extend his contract upon its expiry on performance grounds.
Keywords:
performance evaluation; sick leave;
Judgment 4639
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal to convert three days of statutory leave into days of sick leave.
Judgment keywords
Keywords:
complaint allowed; sick leave;
Consideration 5
Extract:
Specifically in respect of whether the possibility to convert days of statutory leave into days of sick leave is conditional on immediate notification of incapacity on health grounds, the Tribunal observes that the reason behind the employees’ duty to inform the Office of their incapacity for health reasons on the first day of the resultant absence is obviously to allow the Administration to plan as well as possible to deal with the unexpected absence and thereby minimise its negative impact on the Organisation’s functioning. Consequently, while it is easy to understand the need for a requirement to provide immediate notification in the case governed by aforementioned Article 62(2) of the Service Regulations during a period of ordinary activity when the employee is generally expected to be at work, save in special circumstances little point can be seen in this requirement in the situation referred to in paragraph 4, where the employee is on annual or home leave when she or he becomes unwell. In that situation, allowance has already been made for the employee to be absent on the corresponding dates in any case, and the fact of her or him becoming incapacitated has no practical consequences for the functioning of the organisation. The notification of sickness to the Office has no effect other than to allow it to alter the employee’s leave balance retrospectively, which does not require that the information be provided immediately.
Keywords:
medical certificate; sick leave;
Judgment 4606
135th Session, 2023
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-recognition of her illness as an occupational illness and requests that her sick leave entitlements be re-credited to her.
Judgment keywords
Keywords:
claim moot; complaint dismissed; service-incurred; sick leave;
Judgment 4530
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the effective date of termination of his appointment, which had previously been deferred on a number of occasions due to his sick leave.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; sick leave; termination of employment;
Judgment 4501
134th Session, 2022
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term appointment beyond its expiry date while she was on sick leave.
Judgment keywords
Keywords:
complaint allowed; fixed-term; non-renewal of contract; sick leave;
Judgment 4452
133rd Session, 2022
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decisions to suspend him with pay and then without pay during the disciplinary procedure for misconduct as well as the appointment of a colleague to what he describes as his “job and functions”.
Consideration 3
Extract:
[A] power to suspend a member of staff as an incidence of disciplinary proceedings potentially leading to the application of a sanction is conferred by the Staff Rules. There is no express qualification on the exercise of that power precluding suspension while a member of staff is on sick leave. No reason of substance is advanced as to why that qualification should be implied nor any reference to Tribunal case law leading to the same result.
Keywords:
sick leave; suspension;
Consideration 8
Extract:
Sick leave simply authorises a member of staff not to attend for work. While suspension requires a member of staff not to attend work, its legal effect is much wider and impacts upon the capacity of a member of staff to participate in the workings of the organisation more generally. In the circumstances of this case, the fact that the complainant was on sick leave for the then identified short period had no material bearing on whether he should be suspended.
Keywords:
sick leave; suspension;
Judgment 4426
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to retroactively promote her while she was on sick leave.
Judgment keywords
Keywords:
complaint dismissed; promotion; sick leave; time bar;
Judgment 4285
130th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests what she considers to be UNESCO’s failure to respect her right to sick leave and medical privacy.
Judgment keywords
Keywords:
complaint dismissed; receivability of the complaint; sick leave;
Judgment 4090
127th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the processing of his application for a disability benefit and the calculation of his sick leave entitlements.
Consideration 10
Extract:
Even accepting, for present purposes, that the field of operation of the Flemming principle would comprehend, as an aspect of establishing appropriate levels of pay, payment of sick leave entitlements, it is not appropriate to isolate one element of salary only and compare that element with prevailing local conditions. As the Tribunal observed in Judgment 1334, consideration 24, “[the Flemming principle] offers [...] a guide for setting general levels of pay for local staff: it offers no basis for claims about any particular component of such pay”.
Reference(s)
ILOAT Judgment(s): 1334
Keywords:
allowance; flemming principle; local status; salary; sick leave;
Judgment keywords
Keywords:
complaint allowed; disability benefit; sick leave;
Judgment 4065
127th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In his second complaint, the complainant challenges the decision to dismiss him, while he was on sick leave, for misconduct. In his third complaint, he challenges the dismissal decision on the merits.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; misconduct; sick leave; termination of employment;
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.
Judgment keywords
Keywords:
complaint allowed; due process; harassment; inquiry; investigation; sick leave;
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 3998
126th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant her compensation pending a determination by a medical expert as to whether her illness in 2012 through 2014 was service-incurred.
Consideration 11
Extract:
The Tribunal finds that as sick leave must be approved by the Director General, the nature of the sick leave must also be approved. Considering that sick leave for service-incurred illness is an exception to the general sick leave entitlements, it follows that if further verifications are requested, WIPO is bound to treat the staff member’s illness under the usual terms for sick leave until the determination by [the United Nations Office at Geneva Medical Services Section] that the illness is service-incurred (see Judgment 3591, consideration 11). The Tribunal notes that this practice is not prejudicial to staff members as any eventual determination that an illness or injury is service-incurred will naturally be remedied retroactively to the start date of the determined period of service-incurred illness or injury.
Reference(s)
ILOAT Judgment(s): 3591
Keywords:
service-incurred; sick leave;
Judgment 3913
125th Session, 2018
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment at the end of her probationary period.
Consideration 16
Extract:
In any event, there is no principle that prevents an organisation from deciding not to confirm the appointment of a probationer who is on sick leave.
Keywords:
probationary period; sick leave; termination of employment;
Judgment 3881
124th Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant him sick leave after his dismissal for misconduct.
Judgment keywords
Keywords:
complaint allowed; misconduct; sick leave; termination of employment;
Judgment 3754
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former WHO staff member, challenges the decision to terminate his continuing appointment pursuant to the abolition of his post.
Consideration 14
Extract:
Early judgments of the Tribunal, such as Judgment 938 relied on by the complainant, may have been thought to establish a principle of general application that an official’s employment could not be terminated while the official was on sick leave. However it is clear that no such principle of general application has been established by the Tribunal’s case law. This issue was discussed by the Tribunal in Judgment 3175, consideration 14.
Reference(s)
ILOAT Judgment(s): 938, 3175
Keywords:
sick leave; termination of employment;
Judgment 3591
121st Session, 2016
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reduce his salary by half following the exhaustion of his entitlement to sick leave on full salary and pending a determination by an ad hoc medical board as to whether his illness is service-incurred.
Judgment keywords
Keywords:
complaint dismissed; counterclaim; reduction of salary; salary; service-incurred; sick leave;
Judgment 3505
120th Session, 2015
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her sick leave entitlement beyond the date on which her appointment expired.
Judgment keywords
Keywords:
case sent back to organisation; complaint dismissed; failure to exhaust internal remedies; separation from service; sick leave;
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