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Cause (583,-666)
You searched for:
Keywords: Cause
Total judgments found: 30
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Judgment 641
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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:
cause; death; liability; medical board; organisation; report;
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:
cause; death; lack of evidence; service-incurred;
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;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's "grievance, though justified, is without effect. The Tribunal cannot but deplore any undue protraction of the appeal proceedings, which is to the prejudice of the organization as well as of the complainant. But it cannot criticise the actual transfer without due regard to the lawfulness of the decision. Besides, the complainant's plea carries the less weight in that he himself was partly to blame for the delay."
Keywords:
administrative delay; cause; complainant; delay; transfer;
Judgment 450
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The decision to transfer the complainant falls within the scope of the Director's discretionary authority and, in view of her shortcomings and strained relations with her supervisors, that decision does not appear to be flawed. Nor has any causal link been established between her trade union activities and the decision to transfer her. The circumstances which gave rise to the moral injury for which she claims compensation were ones that the complainant was at least in part responsible for. The organization may not therefore be held liable. The complaint is dismissed.
Keywords:
cause; complainant; moral injury; staff union activity; transfer;
Judgment 250
34th Session, 1975
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
It appears from the evidence "that the complainant's duties, however demanding and difficult they may have been, did not as such require him regularly to work longer hours than might reasonably have been expected of a staff member in his position." The illness is thus not directly related to his duties "by reason of the particularly demanding nature thereof."
Keywords:
cause; illness; service-incurred; working conditions;
Judgment 235
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal's decision is subject to the specific circumstances of each case. It "is not to be taken as laying it down that death in a country to which an official is assigned and which lacks ordinary medical facilities can never be attributed to the performance of official duties."
Keywords:
cause; death; duty station; evidence; field; illness; service-incurred;
Considerations
Extract:
The Tribunal sees no evidence of "a sufficiently close connection between the death and the performance of [...] duties [for the latter] to constitute [...] a cause of [...] death."
Keywords:
assignment; cause; death; duty station; field; lack of evidence;
Considerations
Extract:
"It is recognised in all legal systems that for a cause to qualify as such for the purposes of the law there must be a link or links of some strength between the cause and the event. This is sometimes expressed by saying that the cause must be approximate or direct or not too remote. Whatever the language used, the test is one which is generally understood; its application is a matter of appreciation and experience and there is usually [little] room for elaborate reasoning."
Keywords:
cause; criteria; definition;
Judgment 175
26th Session, 1971
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
According to the dossier, at least some of the ailments affecting the complainant can be attributed exclusively to his age and not to the sequelae of a service-incurred accident. He cannot be regarded as having a disability affecting his earning capacity which results from that accident. He does not therefore meet the conditions laid down by the material provision. The Director-General was justified in refusing to apply the provision to his case.
Keywords:
cause; compensation; condition; incapacity; professional accident; service-incurred;
Judgment 148
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[A]lthough the complainant's post-traumatic impairment was assessed at only 30 per cent by the Medical Board, his total incapacity for work is entirely attributable to the accident [...] and all other factors must be excluded. The complainant is accordingly entitled to the annual compensation payments laid down by [the applicable provision], i.e. to two-thirds of his final remuneration calculated on the basis of that provision."
Keywords:
cause; disability benefit; incapacity; invalidity; professional accident; rate;
Judgment 141
22nd Session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Interlocutory Order
Extract:
"The information at present available does not enable the Tribunal to assess, with full knowledge of the facts, the degree of invalidity from which [the complainant] is at present suffering, nor the extent to which that degree of invalidity is attributable to the accident which he suffered in the course of duty [...]. In these circumstances, and following moreover, the complainant's arguments and in view of the request made by the organization, an examination should be carried out".
Keywords:
cause; expert inquiry; further submissions; inquiry; invalidity; investigation; medical examination; professional accident; rate;
Judgment 112
18th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Even if the complainant's illness had arisen from his employment, it "would still not be due to complainant's working conditions, i.e. a state of affairs for which the organization was responsible. On the contrary, it would be the result of measures taken in respect of complainant as a consequence of his own work which the Director-General was justified in considering unsatisfactory. In other words, it would be attributable to the failings of the complainant himself, and he alone would therefore have to bear the consequences of the damage to his health."
Keywords:
cause; condition; definition; illness; service-incurred; termination of employment;
Judgment 88
15th Session, 1965
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It is not inconceivable that an official might be so deeply affected by the termination of his appointment as to fall ill and to become incapacitated for work for a certain length of time. In the present case, however, the complainant could in any event have expected the termination of his appointment [at the end of the probationary period] and [...] failing quite exceptional circumstances, he had no grounds for maintaining that his dismissal led to the deterioration of his health and to incapacity for work after that date."
Reference(s)
ILOAT Judgment(s): 69
Keywords:
cause; illness; incapacity; injury; probationary period; termination of employment;
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