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Sick leave (434,-666)
You searched for:
Keywords: Sick leave
Total judgments found: 72
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Judgment 5184
141st Session, 2026
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the deductions that were made from his salary at weekends whilst he was on certified sick leave and under a partial incapacity regime.
Judgment keywords
Keywords:
complaint dismissed; deduction; impartiality; salary; sick leave;
Judgment 5156
141st Session, 2026
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests her dismissal for misconduct.
Consideration 8
Extract:
“Due process mandates that the health condition of the staff concerned be taken into consideration, striking a balance between the right to defense of the staff concerned and the need for an expeditious investigation in cases of harassment (see Judgments 4065, considerations 7 and 8, and 4064, considerations 8 to 10). In Judgment 4064, considerations 8 and 9, the Tribunal held that, in the absence of statutory rules or proven practice providing guidance on how the requirement of due process was to be fulfilled where a staff member who is accused of harassment is on certified sick leave, and given the duty of an organization to investigate harassment complaints, it was reasonable that it could ask a staff member who was on sick leave to comment upon an investigation report if doing so would not have exacerbated the illness which occasioned the grant of sick leave and if the staff concerned was fit to do so […] In the present case, the Tribunal is satisfied that IOS struck a proper balance, considering that the complainant’s interview was accommodated to her needs, and extended over several days. IOS made several attempts to afford the complainant the opportunity to answer questions in writing. Once it became clear that her medical condition prevented her from even responding in writing, IOS opted to limit the scope of the investigation to ‘those allegations which IOS was able to fully discuss with, seek comments from, and present relevant evidence to [the complainant]’.”
Reference(s)
ILOAT Judgment(s): 4064, 4065
Keywords:
due process; duty of care; harassment; investigation; investigation report; sick leave;
Consideration 21
Extract:
“Additionally, as to the complainant’s allegation that she was dismissed whilst on sick leave, the Tribunal notes that there is no general principle that a staff member may not be separated while on sick leave (see Judgment 4704, considerations 9 and 10). Although this was said with reference to non-renewal/termination of contract, this principle applies all the more to dismissal for misconduct.”
Reference(s)
ILOAT Judgment(s): 4704
Keywords:
misconduct; sick leave; termination of employment;
Judgment 5131
141st Session, 2026
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to place him on special leave with full pay and subsequently on sick leave pending a reassessment of his state of health.
Judgment keywords
Keywords:
complaint dismissed; medical grounds; sick leave; special leave;
Consideration 2
Extract:
“An international organization has a duty of care to provide for staff members who are ill as well as protect the staff with whom they work (see, for example, Judgments 4239, consideration 21, and 3689, consideration 5). That duty of care may require the organization to provide leave to a staff member whose health is in question and to provide sick leave if it has been determined the staff member is ill and consequently incapable of working. This obligation is subject to the applicable staff rules concerning leave and sick leave. The granting of either form of leave would usually be on a consensual basis. But rare and unusual occasions could arise where an organisation, in order to meet the duty presently being discussed both in relation to the ill staff member and other staff members working with her or him, would have to require a staff member to take leave unless expressly prohibited by the applicable staff rules.”
Reference(s)
ILOAT Judgment(s): 3689, 4239
Keywords:
duty of care; organisation's duties; sick leave;
Judgment 5015
140th Session, 2025
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject her request for additional medical leave days or compensation, her request for a similar position within another unit, and her request to adjust her position title.
Judgment keywords
Keywords:
complaint dismissed; sick leave; title of post; transfer;
Judgment 4863
138th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to change her annual leave to certified sick leave and to place her on administrative leave without pay from 9 October 2019 until her summary dismissal on 13 December 2019.
Judgment keywords
Keywords:
administrative leave; annual leave; complaint dismissed; sick leave;
Judgment 4848
138th Session, 2024
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests WIPO’s decisions (i) to advertise his post; (ii) to organise a selection process to fill his post; (iii) not to appoint him to the post without competition; (iv) to renew his fixed-term appointment for three months only; (v) to restructure his division; and (vi) to modify/redefine his post.
Considerations 6-7
Extract:
Quite apart from any effect on the personal circumstances of a chief of a section or department, the Tribunal’s case law endorses the practice of requiring consultation with such a person in relation to plans for the reorganisation of the relevant section or department, and to not consult would ordinarily constitute a serious failure to respect the dignity of that person (see, for example, Judgments 3353, consideration 30, 3071, consideration 30, and 2861, consideration 27). In this limited context, this would be particularly so if the reorganisation had an adverse effect on the personal circumstances of the individual section or departmental chief, though this is not to suggest any member of staff adversely affected by a reorganisation must be consulted before the reorganisation occurs.
However, in this case, the rather unusual circumstances inform the content of WIPO’s duty to consult. As just noted, it is reasonable to characterise the position of the complainant as having only been nominally the Director of CID in late 2017 and early 2018. However, and notwithstanding, an attempt was made to engage with him about the proposed reorganisation, though this was resisted by the complainant, on the basis being suggested, because of his ill health. In the Tribunal’s view, the basis being suggested by WIPO was, overall, reasonable. The complainant took the position, probably legitimately, that in the circumstances, him replying in writing within four days of the email of 18 December 2017 was too burdensome given his state of health. However, he also rejected the suggestion that he take the opportunity of discussing the matter by phone with the Deputy Director General. Again, he did so because, as he put it, of the state of his health. It was not at all obvious that, at this point in very late 2017, any effective consultation could take place and it was, therefore, open to the Deputy Director General to pursue the proposed reorganisation without input from the complainant.
There is nothing in the material before the Tribunal which would warrant a conclusion that WIPO should have proceeded, in relation to its obligation to consult, on the basis that the complainant would imminently return from sick leave and actively manage the CID or, potentially, whatever organisational division might replace it. Indeed, all the signs at that time were, including the approach adopted by the complainant to the invitation to discuss the proposed reorganisation by phone, that this would not occur.
Reference(s)
ILOAT Judgment(s): 2861, 3071, 3353
Keywords:
organisation's duties; reorganisation; sick leave; staff member's interest;
Judgment 4800
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her requests for special leave for very serious illness of a child.
Consideration 15
Extract:
[T]he complainant has submitted evidence [...] from which it is clear that, on several occasions, she herself was granted special leave for serious illness of a child simply on the basis of ordinary medical certificates and that requests from employees for that type of leave are regularly granted without any other formality. The existence of such a practice which, according to the Tribunal’s case law, means that the Organisation is bound to comply with it (see, for example, Judgments 3680, consideration 12, and 1125, consideration 8) cannot therefore be seriously disputed.
Reference(s)
ILOAT Judgment(s): 1125, 3680
Keywords:
practice; sick leave;
Consideration 16
Extract:
[I]f the Office were to submit requests for special leave for serious illness of a child made under the aforementioned Article 59(3)(h) to the medical adviser for an opinion and, in order that those requests might be investigated, were to require the production of a medical certificate including a diagnosis of the medical condition involved, as in the case of requests for special leave for very serious illness, this would, in fact, breach the applicable provisions of the Service Regulations.
The Tribunal must point out that, in contrast to Article 59(3)(i), which deals with leave for very serious illness of a child, Article 59(3)(h) does not, in this regard, provide that the seriousness of the illness must be attested to by a doctor. The provisions of Article 89 of the Service Regulations are therefore not applicable to requests for leave made under Article 59(3)(h). The same goes for Rule 8 of Circular No. 22, which [...] only governs special leave for very serious illness (or hospitalisation) of a child referred to in Article 59(3)(i), and there is no other rule in that circular, nor [...] in any other existing set of rules, that contains similar provisions in relation to the leave referred to in Article 59(3)(h).
[...] However, it is clear that there is no requirement, when a request of that type is made, for the seriousness of the illness relied on to be evident from the medical certificate produced or for the grant of that leave to be conditional on the medical adviser’s opinion.
Keywords:
interpretation of rules; sick leave;
Consideration 17
Extract:
[A]llowing the complainant to access this benefit would entail the redefinition of her requests, since they referred to special leave for “very serious illness”, rather than “serious illness”, of a child. However, in this area, the Organisation should not adopt an excessively formalistic approach towards its employees [...].
Keywords:
due process; sick leave;
Judgment keywords
Keywords:
complaint allowed; sick leave;
Consideration 3
Extract:
It is clear from [Article 59(3) and Article 89 of the Service Regulations and Rule 8 of Circular No. 22 of 11 May 2015] that special leave requested by an employee for “very serious illness of a child” can only be granted following an opinion from the medical adviser, who must determine the seriousness of the illness in question, and that this opinion must be given in the light of a medical certificate provided by the doctor who examined the child – or, if applicable, on the basis of other documents or information provided by that doctor – containing sufficient details of the condition diagnosed to allow the medical adviser to make the necessary assessment.
[...]
[W]hile it is true that [...] Rule 8(b)(i) of Circular No. 22 does not, when listing the matters to be included in the medical certificate, expressly mention a diagnosis of the illness in question, the need for that diagnosis to be mentioned necessarily follows from the wording of that subparagraph where it specifies that the medical adviser is to inform the Office “whether in his opinion the medical conditions of Article 59(3)i) are met”, which means that the medical adviser must be in a position to verify the “very serious” nature of the illness in question.
[A]lthough it is true that the reference in Article 89(3) of the Service Regulations to the “employee’s doctor” is not appropriate in the particular case of leave requested for the illness of a child, it is clearly to be taken, in the legal context relevant to that situation, as a reference to the doctor consulted to examine the child, as is also clear from the wording used in Article 59 and in Circular No. 22.
Keywords:
interpretation of rules; sick leave;
Judgment 4728
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Medical Committee’s decision to further extend his sick leave until 31 March 2015 and its failure to recognise that he suffered from invalidity attributable to the performance of official duties.
Judgment keywords
Keywords:
complaint dismissed; invalidity; medical examination; service-incurred; sick leave; step in the procedure;
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.
Considerations 9-10
Extract:
Judgments 938 and 607, on which the complainant relies, did not establish a general principle that a staff member may not be separated while on sick leave. The question of whether an organisation is under an obligation to extend a fixed-term contract to cover a period of sick leave must be determined by having regard to the organisation’s rules, including any established practice which is binding on the organisation. This position is consistently stated in the Tribunal’s case law, most recently in Judgment 3754, consideration 14:
“Early judgments of the Tribunal, such as Judgment 938 relied on by the complainant, may have been thought to establish a principle of general application that an official’s employment could not be terminated while the official was on sick leave. However it is clear that no such principle of general application has been established by the Tribunal’s case law. This issue was discussed by the Tribunal in Judgment 3175, consideration 14.”
As there was neither a provision in the IAEA’s Staff Regulations and Staff Rules, nor an established practice, or a principle of general application, requiring the IAEA to extend a staff member’s contract because she or he is on sick leave at the expiry of the contract, the IAEA was not obliged to extend the complainant’s contract to cover his sick leave.
Reference(s)
ILOAT Judgment(s): 607, 938, 3175, 3754
Keywords:
extension of contract; sick leave;
Judgment 4678
136th Session, 2023
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decisions not to extend his fixed-term contract due to unsatisfactory performance and to withhold his within-grade salary increment.
Consideration 2
Extract:
In the ordinary course, sick leave is not an exceptional circumstance in and of itself. The complainant should have provided the JAB with a reasonable explanation as to why his sick leave prevented him from requesting a review in a timely manner, and he did not. In these circumstances, the internal appeal was properly considered irreceivable.
Keywords:
exception; late appeal; sick leave;
Consideration 10
Extract:
As to the plea that the extended six-month PIP period was not completed, the Tribunal notes that the complainant went on sick leave shortly after the PIP had been extended. This circumstance did not preclude the Director-General from deciding not to extend his contract upon its expiry on performance grounds.
Keywords:
performance evaluation; sick leave;
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.
Judgment keywords
Keywords:
complaint allowed; 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 4606
135th Session, 2023
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-recognition of her illness as an occupational illness and requests that her sick leave entitlements be re-credited to her.
Judgment keywords
Keywords:
claim moot; complaint dismissed; service-incurred; sick leave;
Judgment 4530
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the effective date of termination of his appointment, which had previously been deferred on a number of occasions due to his sick leave.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; sick leave; termination of employment;
Judgment 4501
134th Session, 2022
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term appointment beyond its expiry date while she was on sick leave.
Judgment keywords
Keywords:
complaint allowed; fixed-term; non-renewal of contract; sick leave;
Judgment 4452
133rd Session, 2022
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decisions to suspend him with pay and then without pay during the disciplinary procedure for misconduct as well as the appointment of a colleague to what he describes as his “job and functions”.
Consideration 8
Extract:
Sick leave simply authorises a member of staff not to attend for work. While suspension requires a member of staff not to attend work, its legal effect is much wider and impacts upon the capacity of a member of staff to participate in the workings of the organisation more generally. In the circumstances of this case, the fact that the complainant was on sick leave for the then identified short period had no material bearing on whether he should be suspended.
Keywords:
sick leave; suspension;
Consideration 3
Extract:
[A] power to suspend a member of staff as an incidence of disciplinary proceedings potentially leading to the application of a sanction is conferred by the Staff Rules. There is no express qualification on the exercise of that power precluding suspension while a member of staff is on sick leave. No reason of substance is advanced as to why that qualification should be implied nor any reference to Tribunal case law leading to the same result.
Keywords:
sick leave; suspension;
Judgment 4426
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to retroactively promote her while she was on sick leave.
Judgment keywords
Keywords:
complaint dismissed; promotion; sick leave; time bar;
Judgment 4285
130th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests what she considers to be UNESCO’s failure to respect her right to sick leave and medical privacy.
Judgment keywords
Keywords:
complaint dismissed; receivability of the complaint; sick leave;
Judgment 4090
127th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the processing of his application for a disability benefit and the calculation of his sick leave entitlements.
Consideration 10
Extract:
Even accepting, for present purposes, that the field of operation of the Flemming principle would comprehend, as an aspect of establishing appropriate levels of pay, payment of sick leave entitlements, it is not appropriate to isolate one element of salary only and compare that element with prevailing local conditions. As the Tribunal observed in Judgment 1334, consideration 24, “[the Flemming principle] offers [...] a guide for setting general levels of pay for local staff: it offers no basis for claims about any particular component of such pay”.
Reference(s)
ILOAT Judgment(s): 1334
Keywords:
allowance; flemming principle; local status; salary; sick leave;
Judgment keywords
Keywords:
complaint allowed; disability benefit; sick leave;
Judgment 4065
127th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In his second complaint, the complainant challenges the decision to dismiss him, while he was on sick leave, for misconduct. In his third complaint, he challenges the dismissal decision on the merits.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; misconduct; sick leave; termination of employment;
Judgment 4064
127th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a request made by the Administration of the FAO that he provide comments, while he was on certified sick leave, on a report issued by the Investigation Panel appointed to investigate allegations of harassment against him.
Considerations 8-9
Extract:
Based on the evidence before the Tribunal, there is nothing in the FAO rules regime and no proven practice which provide guidance on how the requirement of Part II(b)(iv)(g) of the Policy on the Prevention of Harassment is to be fulfilled where a staff member who is accused of harassment is on certified sick leave. Given the FAO’s duty under the Policy on the Prevention of Harassment to investigate harassment complaints, it is reasonable that it could ask a staff member who is on sick leave to comment upon an IP report if doing so would not exacerbate the illness which occasioned the grant of sick leave and if she or he is fit to do so.
[...] In the Tribunal’s view, the FAO took reasonable steps to discharge its duty to accord due process to the complainant, as well as its duty of care and its duty to be fair to him, while it sought to discharge its duty to implement its Policy on the Prevention of Harassment.
Keywords:
due process; duty of care; harassment; health reasons; inquiry; investigation; medical fitness; sick leave;
Judgment keywords
Keywords:
complaint allowed; due process; harassment; inquiry; investigation; sick leave;
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