Expert inquiry (161, 162,-666)

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Keywords: Expert inquiry
Total judgments found: 29

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• Judgment 607

  
  52nd Session, 1984
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  The Director-General's decision to refuse the complainant sick leave is quashed. The duration of sick leave "may be determined only after medical inquiry. But the Tribunal will not order the submission of further evidence. When Unesco comes to execute this judgment the parties should be able to reach agreement [...] Failing that, the complainant may always come before the Tribunal again."

  Keywords:

  expert inquiry; medical examination; period; 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 terminated for health reasons, declined to allow access to his medical file, he applies for an expert inquiry. "This claim [...] fails. The Tribunal is never bound to order such an inquiry". The Tribunal does not believe an inquiry necessary to ascertain the truth. "In coming to that view it is not making an appraisal of fact which is outside the competence of its members; this is no more than the consequence in law of the fact of the complainant's refusal to allow disclosure of the medical file."

  Keywords:

  complainant; expert inquiry; health reasons; medical examination; refusal; request by a party; termination of employment; termination of employment for health reasons; tribunal;
  

  
  
  

• Judgment 487

  
  48th Session, 1982
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The Tribunal finds wilful harassment neither in the refusal to extend the period of sick leave nor - on account of the considerations relied on by the administration - in the summons [...] to the complainant [...] to see the [organization's] medical officer on the same day, nor in the refusal to hold an independent medical examination - a procedure for which there is no provision in the Staff Regulations and Staff Rules. On the contrary, the organization acted in the normal exercise of its authority."

  Keywords:

  expert inquiry; extension of contract; medical examination; refusal; sick leave;
  

  
  
  

• Judgment 480

  
  47th Session, 1982
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The Tribunal regards "the true measure of the complainant's loss" as the amount of the pension to which he is entitled. "If the parties cannot agree upon this actuarial calculation or upon an actuary whose calculation they would accept, the matter must come back to the Tribunal, which, acting under Article 11 of the Rules of Court, will appoint an expert to fix the sum."

  Reference(s)

  ILOAT reference: ARTICLE 11 OF THE RULES
  ILOAT Judgment(s): 427
  

  Keywords:

  amount; damages; expert inquiry; injury; tribunal;
  

  
  
  

• Judgment 442

  
  46th Session, 1981
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  By contending that the Tribunal did not order an expert medical inquiry, the complainant objects that a particular means of obtaining evidence was not used. But the failure to admit evidence is not a valid reason for review.

  Reference(s)

  ILOAT Judgment(s): 404
  

  Keywords:

  application for review; expert inquiry; failure to admit evidence; inadmissible grounds for review;
  

  
  
  

• Judgment 324

  
  39th Session, 1977
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The Tribunal "cannot tell exactly what [was the nature of the computer operation] the complainant [carried out]. He has not produced any document [...] to shed light on the matter or any precise information on the nature of the charges against him. Since documents and explanations are lacking, the complainant's request for an expert inquiry should be dismissed."

  Keywords:

  complainant; disclosure of evidence; expert inquiry; no cause of action; refusal; request by a party; tribunal;
  

  
  
  

• Judgment 175

  
  26th Session, 1971
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The Internal Advisory Committee "made its recommendation only after a thorough examination of the case, as a result of which the Tribunal is in possession of all the facts it needs to reach a decision. It is therefore unnecessary to call for an expert medical opinion."

  Keywords:

  advisory body; advisory opinion; expert inquiry; medical examination; submissions;
  

  
  
  

• Judgment 148

  
  23rd Session, 1970
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The experts found that "the complainant was wholly incapable of exercising the profession of engineer for which he had been trained and which he had carried on for a number of years [neither party claims that] the complainant would be able to engage even partially in any activities comparable to those of an engineer. In these circumstances the complainant must be regarded as totally incapacitated for work within the meaning of the applicable provisions."

  Keywords:

  expert inquiry; incapacity; medical examination; medical fitness;
  

  
  
  

• Judgment 141

  
  22nd Session, 1969
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Interlocutory Order

  Extract:

  The Tribunal orders a medical examination. "The organization shall advance the cost of the expert examination and [the complainant's] expenses in submitting himself for the examination. The amount of these advances shall be determined by order of the Vice-President of the Tribunal."

  Keywords:

  cost of expert inquiry; expert inquiry; interlocutory order; medical examination; order;
  

  Interlocutory Order

  Extract:

  "The experts shall be appointed by order of the Vice-President of the Tribunal, who shall determine the procedure for the examination and in particular, after consulting the parties, determine the final text of the questions to be put to the experts."

  Keywords:

  expert inquiry; order; procedure before the tribunal;
  

  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;
  

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