Judgment No. 641
Decision
THE COMPLAINT IS DISMISSED.
Consideration 10
Extract:
"The Tribunal [...] holds that between the overtime [the official] performed and his death no causal link is proved so close as to warrant the conclusion that death was attributable to official duties. His death was not the direct outcome of the additional work he did. Such being the facts of the case, the Tribunal will dismiss the complaint."
Keywords
lack of evidence; death; service-incurred; cause
Consideration 8
Extract:
"A causal link in the legal sense, that is to say, some fairly definite connection between the cause and the effect."
Keywords
cause; definition
Consideration 7
Extract:
For health reasons the official's workload was supposed to be reduced. In reality, he made up for sick leave of two afternoons a week by working two mornings a week overtime. "Such an arrangement was obviously improper. [...] It is quite wrong for an employer [...] to allow such arrangements with a staff member whom it recognises as being on sick leave yet who, from a sense of professional responsibility or for some other reason, volunteers to do more work than he is authorised to do. The [organization] was therefore at fault and the question of its liability does arise."
Keywords
liability; organisation; part-time employment; health reasons; overtime; sick leave; flaw; compensatory measure
Consideration 8
Extract:
"The complainant's case is that the [organization] was to blame for her husband's death. The plea will succeed only if the Tribunal finds a causal link in the legal sense, that is to say, some fairly definite connection between the cause and the effect. The Medical Board's findings provide the evidence on which the Tribunal may found its decision in this case."
Keywords
liability; organisation; report; death; medical board; cause
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