Judgment No. 1494
Decision
THE COMPLAINT IS DISMISSED.
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; international civil service principles; staff regulations and rules; interpretation; contract; extension of contract; non-renewal of contract; social benefits; illness; sick leave
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; staff regulations and rules; contract; extension of contract; salary; non-renewal of contract; illness; sick leave
Consideration 7
Extract:
"Whether sick leave is to be extended beyond the date of expiry of an appointment is a question to be seen first and foremost in the light of the social protection afforded by an organisation's rules, which are to be construed according to the law of the international civil service."
Keywords
case law; international civil service principles; staff regulations and rules; interpretation; contract; social benefits; sick leave
Consideration 8
Extract:
"In such circumstances, where the staff member's appointment expires and he decides, when still well, not to carry on, and where he has adequate social protection against illness and invalidity, there are no social grounds [...] for granting him sick leave after the expiry of his appointment."
Keywords
contract; social benefits; sick leave
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