Medical certificate (415,-666)

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Keywords: Medical certificate
Total judgments found: 9

• Judgment 4704

  
  136th Session, 2023
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the determination made on his Clearance Certificate, upon his separation from service, that there was no medical reason to believe that he was incapacitated due to illness constituting an impairment to health likely to be permanent or of a long duration, as well as the decision to separate him from IAEA while on sick leave.

  Judgment keywords

  Keywords:

  complaint dismissed; medical certificate; separation from service;
  

  
  
  

• Judgment 4639

  
  135th Session, 2023
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the refusal to convert three days of statutory leave into days of sick leave.

  Consideration 5

  Extract:

  Specifically in respect of whether the possibility to convert days of statutory leave into days of sick leave is conditional on immediate notification of incapacity on health grounds, the Tribunal observes that the reason behind the employees’ duty to inform the Office of their incapacity for health reasons on the first day of the resultant absence is obviously to allow the Administration to plan as well as possible to deal with the unexpected absence and thereby minimise its negative impact on the Organisation’s functioning. Consequently, while it is easy to understand the need for a requirement to provide immediate notification in the case governed by aforementioned Article 62(2) of the Service Regulations during a period of ordinary activity when the employee is generally expected to be at work, save in special circumstances little point can be seen in this requirement in the situation referred to in paragraph 4, where the employee is on annual or home leave when she or he becomes unwell. In that situation, allowance has already been made for the employee to be absent on the corresponding dates in any case, and the fact of her or him becoming incapacitated has no practical consequences for the functioning of the organisation. The notification of sickness to the Office has no effect other than to allow it to alter the employee’s leave balance retrospectively, which does not require that the information be provided immediately.

  Keywords:

  medical certificate; sick leave;
  

  
  
  

• Judgment 4557

  
  134th Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the rejection of his request for a certificate from the medical adviser of the European Patent Office attesting to his efforts to obtain his old medical file.

  Judgment keywords

  Keywords:

  competence of tribunal; complaint dismissed; medical certificate;
  

  
  
  

• Judgment 3881

  
  124th Session, 2017
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to grant him sick leave after his dismissal for misconduct.

  Consideration 9

  Extract:

  [T]he complainant’s confidentiality was breached when, without his consent, the certificate [...], which mentioned the nature of his incapacity, was disclosed to the Appeals Committee with the FAO’s reply in the internal appeal proceedings. The information it contained was then specifically repeated in the Appeals Committee’s report to the Director-General. As a result, the Tribunal finds that the FAO breached the complainant’s right to privacy when confidential medical information concerning the nature of his incapacity was passed to third parties. This aspect of the complaint is therefore well founded and the complainant will be awarded [...] moral damages in the circumstances.

  Keywords:

  confidential evidence; medical certificate; moral injury; right to privacy;
  

  
  
  

• Judgment 2271

  
  96th Session, 2004
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The confidential nature of medical information concerning the state of health of staff members constitutes a key element of their right to privacy. It is no doubt both necessary and legitimate for an international organisation, like any employer, to investigate requests for sick leave, to examine medical certificates and to have the health of its staff members checked by appropriate means. Such information should be gathered and processed on a fully confidential basis, however, and should never be communicated to third parties without the explicit consent of the person concerned. [...] The fact that the members of the Appeals Committee are bound by an obligation of confidentiality does not mean that information covered by medical secrecy can be disclosed to them without the consent of the persons concerned."

  Keywords:

  communication to third party; confidential evidence; internal appeals body; lack of consent; medical certificate; medical records; organisation's duties; right to privacy; sick leave;
  

  
  
  

• Judgment 1834

  
  86th Session, 1999
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The organization placed the complainant on special leave without pay in August 1995, and told her in January 1996 that to stay on special leave she would have to provide medical certificates of inability to go back to work. "The complainant contends that her separation was in breach of her special leave status. [The Tribunal holds that] the receipt of [monthly medical] reports by the chief medical officer was clearly a condition of her maintaining special leave status. Her refusal, without persuasive justification, to submit the requested information [over several months] is a breach of that condition and ample indication of her intent to abandon her post."

  Keywords:

  abandonment of post; condition; illness; medical certificate; refusal; special leave; staff member's duties; termination of employment;
  

  
  
  

• Judgment 888

  
  64th Session, 1988
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. He claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. The complainant's dismissal was confirmed by the Chief of personnel. That decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. It was made without the complainant's having fully exercised his right to be heard." Because it is tainted with a procedural flaw, the decision is quashed and the Tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.

  Keywords:

  amount; flaw; material damages; medical certificate; misrepresentation; moral injury; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination of employment;
  

  
  
  

• Judgment 652

  
  55th Session, 1985
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  When the case was referred to the medical adviser, all she did was to telephone [the complainant's] doctor. In the course of their conversation [the doctor] consented to change the earlier certificate and declare that [by a specified date] the complainant was again fit for work. [...] Such confabulation between professional colleagues is not in itself objectionable. It would no doubt have been more satisfactory if the two doctors had first carried out a clinical examination. [...] Their approach undoubtedly made it harder to establish the facts, and for that the complainant - whom they could have asked to undergo an examination - is not to blame. The burden of proof is therefore on the [organisation]."

  Keywords:

  burden of proof; medical certificate; medical consultant; medical examination; medical fitness; medical opinion; organisation; refusal; sick leave;
  

  Consideration 5

  Extract:

  "The mere production of a certificate from a doctor of the official's own choosing does not confer entitlement to sick leave. The organisation may always challenge the certificate on the strength of the opinion of a practitioner it has itself designated".

  Keywords:

  medical certificate; medical consultant; medical opinion; organisation; right; sick leave;
  

  
  
  

• Judgment 595

  
  51st Session, 1983
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant, whose contract was ended for reasons of health, refused disclosure of his medical file. "He [...] produces several certificates from doctors who have treated him. While not questioning their professional competence, the Tribunal will observe that the certificates have no value as evidence since the complainant refuses to let the who physician state his opinion. The complainant's position has destroyed the parity there should be between the parties, and the Tribunal can restore it only by discounting the medical certificate she has produced."

  Keywords:

  adversarial proceedings; appraisal of evidence; disclosure of evidence; evidence; health reasons; medical certificate; termination of employment; termination of employment for health reasons;