Judgment No. 26
Decision
THE TRIBUNAL
Declares that the payment to the complainant of six weeks' salary, without interest, fully discharges the defendant organisation's obligations and, noting that such payment is offered to the complainant, rejects the complaint.
Consideration 4
Extract:
"The complainant adduces no satisfactory evidence that she suffered any working incapacity [...]. No satisfactory evidence has been adduced to prove that the payment of the sum recommended by the Medical Commission does not fully and generously compensate the complainant for the injury sustained".
Keywords
amount; evidence; lack of evidence; medical board; incapacity; advisory opinion; compensation
Consideration 2
Extract:
The complaint is tardy and irreceivable. The complainant, recruited for one month, suffered an accident. "The [...] organization has offered, and maintained its offer in the course of the oral proceedings, to pay the complainant [a] sum [...] amounting to six weeks' salary in fulfillment of its obligations to the complainant. Notwithstanding the fact that the complaint is irreceivable [...], the Tribunal, [...] noting that such payment is offered to the complainant [by the organization], rejects the complaint."
Keywords
complaint; organisation; receivability of the complaint; tribunal; time bar; offer; professional accident; service-incurred; acceptance; compensation
Consideration 3
Extract:
"The accident occurred in the course of employment and must consequently be deemed to have arisen out of employment [and] reasonable compensation must therefore be paid to the complainant".
Keywords
professional accident; service-incurred; compensation; consequence; definition; right; presumption
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