Keywords

Summary



Keywords

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1 . Officials - Invalidity - Invalidity Committee - Collegial nature of its work - Scope - Keeping of Minutes - Not an essential condition

( Staff Regulations, Annex II, Art . 7 )

2 . Officials - Actions - Act adversely affecting an official - Definition - Letter notifying the conclusions of the Invalidity Committee - Not included

( Staff Regulations, Arts 90 and 91; Annex II, Art . 9, second paragraph )

3 . Officials - Invalidity - Competent authority to determine the state of invalidity of a member of the temporary staff - Invalidity Committee - Lack of authority of the appointing authority

( Conditions of Employment of Other Servants, Art . 33(2 ) )

4 . Officials - Sick-leave - Proof of sickness - Production of a medical certificate not giving reasons - Inadequate - Production of a certificate containing a diagnosis contradicted by the conclusions of the Invalidity Committee and by a visit by the medical officer - Rejection of the certificate

( Staff Regulations, Art . 59 )

5 . Officials - Member of the temporary staff - Dismissal - Termination of a contract of unlimited duration before the notification to the person concerned of the conclusions of the Invalidity Committee - Lawfulness

( Conditions of Employment of Other Servants, Arts 47 and 48 )

Summary

1 . The collegial nature of the work of the Invalidity Committee does not prevent the exchange of views between its members taking place partly in writing . Moreover, the existence of Minutes is not an essential condition for the validity of the Invalidity Committee' s deliberations .

2 . The letter by which, pursuant to the second paragraph of Article 9 of Annex II to the Staff Regulations, the official is informed of the conclusions of the Invalidity Committee does not constitute a decision by the appointing authority capable of being the subject of an application for annulment .

3 . It follows from Article 33(2 ) of the Conditions of Employment of Other Servants that where the Invalidity Committee has reached the conclusion that a member of the temporary staff is not suffering from invalidity, the appointing authority cannot take a contrary decision .

4 . The presentation of a certificate which does not state grounds is no medical justification for an official to be absent from work; nor is the production of a certificate referring to a diagnosis contradicted both by the Invalidity Committee' s conclusions and by a visit by the institution' s medical adviser .

5 . Articles 47 and 48 of the Conditions of Employment do not prevent the unilateral termination, without a statement of reasons, of a contract of employment of indefinite length of a member of the temporary staff . That is so even during a period of sick-leave, the only condition being that where the contract provides for notice, the period of notice cannot begin to run during the sick-leave provided the sick-leave does not exceed three months . There is no provision that the effect of invalidity proceedings is to suspend the appointing authority' s right to terminate the contract of a member of the temporary staff until he has been informed of the Invalidity Committee' s opinion . The sole fact that the decision to dismiss him was adopted before he was informed of the Invalidity Committee' s opinion does not justify a finding that there was a misuse of power .