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Judgment No. 4728


The complainant’s ninth complaint, filed on 13 May 2015, and his tenth complaint, filed on 9 June 2015, are dismissed.


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


medical examination; service-incurred; sick leave; invalidity; step in the procedure; complaint dismissed

Consideration 6


The short answer to both complaints is that neither concerns an administrative decision of the type which can be impugned in proceedings before the Tribunal. The decisions of the Medical Committee to extend the complainant’s sick leave were to facilitate the further investigation and consideration of the complainant’s medical condition, at least in the eyes of the majority, as part of the process of determining whether he was disabled and entitled to an invalidity benefit. They were both “steps in the process” directed towards the making of the final decision about the complainant’s entitlement (see, for example, Judgment 3893, consideration 8). Therefore, the complainant failed to exhaust internal means of redress, as is required by Article VII, paragraph 1, of the Statute of the Tribunal.


ILOAT Judgment(s): 3893


medical examination; administrative decision; step in the procedure; internal remedies not exhausted

Last updated: 24.08.2023 ^ top