Death (406,-666)

You searched for:
Keywords: Death
Total judgments found: 8

• Judgment 4653

  
  136th Session, 2023
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant filed two complaints to challenge his performance evaluation for 2015 and a decision to deny his request for protection against retaliation.

  Judgment keywords

  Keywords:

  complaint dismissed; death; successor;
  

  Considerations 3, 4 & 6

  Extract:

  WIPO informed the Tribunal that the complainant had passed away on 2 March 2020. The Organization also informed the Tribunal that two family members were mentioned in the complainant’s personal file, namely his wife and a daughter, and it provided the latter’s contact details.
  Any person on whom the official’s rights have devolved on her or his death has the right to initiate or pursue a complaint before the Tribunal on the basis of Article II, paragraph 6, of its Statute. In the present case, as no such person came forward seeking to exercise that right, the Registrar of the Tribunal contacted the complainant’s daughter by email on 23 November 2022 in order to discuss how to proceed with the two pending cases. In response, the complainant’s daughter only asked to be provided with a copy of any judgment that might be rendered by the Tribunal on the complaints filed by her father. No further steps have been taken by her or any other person to whom the complainant’s rights have devolved on his death on the basis of [...] Article II, paragraph 6, of the Statute.
  [...]
  In the circumstances [...], having regard to the subject matter of the disputes, the present absence in the proceedings of a person to whom the complainant’s rights have devolved on his death and the interest of the Tribunal in bringing these cases to a close, the Tribunal will make orders balancing these considerations.

  Keywords:

  death; successor;
  

  
  
  

• Judgment 4405

  
  132nd Session, 2021
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.

  Consideration 10

  Extract:

  [T]he complainant is entitled to compensation for the material injury caused to her by the [...] decisions set aside by the Tribunal. She will therefore be awarded, under this head, a lump sum calculated on the basis of her gross salary and the allowances which she would have received until her death, during the term of her contract, on 28 October 2019 and the sum of the contributions which the Court would have paid, in the same period, to the United Nations Joint Staff Pension Fund, less the amount of any indemnities the complainant received on the termination of her appointment.
  In the light of the evidence, the Tribunal considers that the material injury suffered by the complainant will be fairly redressed by setting the amount of this lump sum at 160,000 euros.

  Keywords:

  death; material injury;
  

  
  
  

• Judgment 4398

  
  131st Session, 2021
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the rejection of her claim for a second payment of the lump sum paid in the event of death or permanent invalidity under Article 84(1)b) of the Service Regulations.

  Judgment keywords

  Keywords:

  complaint dismissed; death; lump-sum;
  

  
  
  

• Judgment 952

  
  66th Session, 1989
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4-5

  Extract:

  "The burden is on the complainant to satisfy the organization that the adoption was lawful, and he has failed to discharge it. [...] The complainant has not met the further requirement that he must satisfy the organization that at the date of the adoption the parents of his grandson were deceased or permanently incapacitated and unemployable."

  Keywords:

  adoption; burden of proof; complainant; condition; death; evidence; invalidity; parent;
  

  
  
  

• 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;
  

  
  
  

• Judgment 388

  
  43rd Session, 1980
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "The complainant died [...] after the complaint had been filed. His heirs have stated that they wish to pursue the proceedings in his place. The present judgment will therefore take effect for their benefit." The heirs are his wife, his infant children and the children by his first marriage.

  Keywords:

  case pending; complainant; consequence; death; effect; judgment of the tribunal; successor;
  

  
  
  

• Judgment 378

  
  42nd Session, 1979
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Preamble; second paragraph

  Extract:

  The complainant died in an accident after filing suit. His family wished to pursue the proceedings and not withdraw suit.

  Keywords:

  case pending; complainant; consequence; death; ratione personae; successor;
  

  
  
  

• 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 does not propose to base its judgement in this case upon an analysis of the phraseology of the rules and regulations. It will, for the purposes of this case, accept the complainant's contention that what has to be proved is that the performance of official duties was a cause of the death of her husband."

  Keywords:

  death; service-incurred;
  

  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;