Judgment No. 362
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
"Under Article II of its Statute the Tribunal is open to any official [...] who is in dispute with the organisation concerning the compensation provided for in cases of invalidity, injury or disease incurred by him in the course of his employment."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords
competence of tribunal; iloat statute; professional accident; illness; service-incurred; invalidity
Considerations
Extract:
"The word 'injury' [...] must be given the restricted meaning of physical injury. Not only is this consistent with its context, but if it were not so restricted it would be far wider than 'accident' in the French text."
Keywords
iloat statute; interpretation; professional accident
Considerations
Extract:
Nothing in the Regulations cited by the complainant suggests "that an elected representative of the staff is employed as such by the organization. Any such interpretation would be destructive of the nature and purposes of the staff association, since, if its representatives were as such in the employment of the organization, they could be instructed by the organization what to do."
Keywords
organisation; independence; staff union; staff representative
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