Judgment No. 1640
Decision
1. The Agency shall pay the complainant the legal costs that she incurred and that were necessitated by the interlocutory order in Judgment 1373, the amount to be approved by the President of the Tribunal failing agreement between the parties.
2. With that sole exception, her first complaint is dismissed.
3. The decisions impugned in her second, third and fourth complaints are set aside.
4. She is reinstated in sick leave status as from 18 April 1992.
5. The Agency shall grant her any pay entitlements and TDIP benefits arising out of her reinstatement in such status, plus interest to be reckoned at the rate of 8 per cent a year from the due dates and up to the date of payment.
6. It shall remove from her personal file any references to unauthorised leave.
7. It shall pay her the sum of 2,500 Swiss francs for the reasons set out under 25.
8. It shall pay her a total of 15,000 francs in costs for her second, third and fourth complaints.
9. All her other claims are dismissed.
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
exception; different appraisals; illness; medical opinion; medical examination; sick leave; medical fitness; judicial review; limits
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