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On 13 February 2017, the Applicant, a former United Nations staff member, filed an application in which she contests the decision to find her ineligible for After-Service Health Insurance (“ASHI”). The Applicant is seeking eligibility for ASHI, based on the condition that she herself pay the premiums for the 13 months needed for her to reach the 10-year requirement, or, as an alternative, reasonable financial compensation for the difference in health care costs that she will have to pay on behalf of herself and her spouse as long as they are living, for a similar standard of care. (...) She stayed with the United Nations at a lower level than what she is qualified for in order to provide for a standard of post-retirement care for her husband and herself, including health care. (...) She has failed to demonstrate that she has made reasonable efforts to obtain other health insurance, either through employment or on the commercial market, in order to provide her with health care coverage after her separation from service.
Language:English
Score: 781806.7 - www.un.org/en/internalj...dt/judgments/undt-2018-105.pdf
Data Source: oaj
Based on the HLCM’s report, duty of care risks are constituted not only of occupational security risk (e.g., due to an armed conflict) or health risks (e.g., due to exposure to contagious diseases) or safety risks (e.g., work in substandard facilities), but also of risks arising from the prolonged exposure to high stress situations, instances of violence, harassment or discrimination, and any factor compromising health, security and wellbeing in the workplaces as well. 56. (...) The Applicant complained against his FRO not only to seek to have her disciplined (and this right to have a third party punished is provided for in but limited by the rules), but in particular to protect himself: this is a perfect right of a staff member, whose basis is in the duty of care by the Organization. 96. Notwithstanding the claim by the Applicant on the negative effects on his health by his allegedly harassing FRO, the violation of the obligation to protect the staff member was not investigated at all. (...) This means also that the obligation of an employer to prevent any damage to the health of the employee stands also when alleged harassment remains undemonstrated, because the duty of care involves also the alleged victim of harassment (whatever will be the result of the harassment investigation).Indeed, the subjective perception of being harassed—when sustained by an objective situation of crisis or conflict in the workplace and producing a certain negative impact on the health conditions of the staff member—may already be relevant in causing moral damage (see ILOAT Judgment No. 4171). 100.
Language:English
Score: 764399.8 - www.un.org/en/internalj...dt/judgments/undt-2022-008.pdf
Data Source: oaj
The then Medical Services Division (“MSD”) which is now known as the Division of Health-Care Management and Occupational Safety and Health (“DHMOSH”) certified the Applicant’s sick leave from November 2014 to 8 March Case No. (...) His sole source of income to contribute to caring for his twins is his pension. He cares a great deal about his job at the United Nations and seeks only to return to work. 46. (...) Asciutti, that the Organization does not bear “a duty of care” to staff members with mental health challenges needs to be re-examined. 66.
Language:English
Score: 745059.13 - www.un.org/en/internalj...dt/judgments/undt-2020-111.pdf
Data Source: oaj
The UNDT noted that the right to medical care and health insurance was a fundamental human right. (...) Kortes’ request for compensation to cover the difference in health care costs outside of ASHI on grounds that the retroactive eligibility obviated the need. (...) Kortes request to be compensated for health care expenses that she had paid since her retirement but only gave comparative documentation on economic losses estimated for the future.
Language:English
Score: 740344.24 - www.un.org/en/internalj...at/judgments/2019-UNAT-925.pdf
Data Source: oaj
The Applicant claims that the decision violated her right to a standard of living adequate for the health and well-being of her family, including medical care and necessary social services which she said were protected under the Universal Declaration of Human Rights as well as her right to receive appropriate advice from the Health and Life Insurance Section (“HLIS”) for her child’s medical need. 2. (...) The Applicant did not submit an appeal to the Health and life Insurance Committee as advised. (...) The conditions of the United Nations Headquarters-administered health insurance schemes are set forth in information circulars from the Controller.
Language:English
Score: 710627.64 - www.un.org/en/internalj...dt/judgments/undt-2019-116.pdf
Data Source: oaj
The Applicant then began making enquiries for health insurance for his family so that they are covered even after his term at the IRMCT ends. In his enquiries, he made clear that he was particularly concerned about health cover for his pregnant wife and the baby they are expecting in September 2021. 5. (...) The Tribunal must consider the probable cost of medical care during the Applicant wife’s pregnancy and the possibility that there may be a complication.
Language:English
Score: 697985.84 - www.un.org/en/internalj...s/undt/orders/nbi-2021-128.pdf
Data Source: oaj
On 11 March 2020, the World Health Organization (“WHO”) declared the COVID-19 outbreak a global pandemic. 7. (...) He specifically argues that by recalling him to a duty station with inadequate medical facilities to care for his medical conditions and treat severe COVID-19 cases, the Administration is contravening its duty of care enshrined in staff regulation 1.2(c). 36. (...) The Tribunal further wishes to point out that the Organization’s duty of care is owed to all staff members rather than one staff member only.
Language:English
Score: 696821.88 - www.un.org/en/internalj...s/undt/orders/gva-2021-072.pdf
Data Source: oaj
Reasonable and customary refers to the prevailing pattern of charges for professional and other health services at the duty station where the service is provided as reasonably determined by the administering office. 24. (...) Sec. 4(y) defines “reasonable and customary” as follows: The prevailing pattern of charges for professional and other health services at the staff member’s duty station or the approved location (for example, the place of approved medical evacuation or regional area of care) where the service is provided as reasonably determined by the Administering office. 26. (...) At most, this attestation could be seen as an undertaking from UNHCR towards foreign authorities to respond for the Applicant’s medical care while in the concerned country. UNHCR did not in any way fail to fulfil its obligations in this respect.
Language:English
Score: 695660.35 - www.un.org/en/internalj...dt/judgments/undt-2018-110.pdf
Data Source: oaj
Reasonable and customary refers to the prevailing pattern of charges for professional and other health services at the duty station where the service is provided as reasonably determined by the administering office. (...) Sec. 6.3 of the MIP Rules provides that: In the case of expenses incurred during official mission travel for emergency medical care only, approved medical evacuation in the authorized location or medical care received in an approved regional area of care [foot note omitted], the expenses will be settled in accordance with the reasonable and customary cost level of the area or country where care was provided. 37. (...) Sec. 4(y) defines “reasonable and customary” as follows: The prevailing pattern of charges for professional and other health services at the staff member’s duty station or the approved location (for example, the place of approved medical evacuation or regional area of care) where the service is provided as reasonably determined by the Administering office. 39.
Language:English
Score: 690369.9 - www.un.org/en/internalj...dt/judgments/undt-2020-044.pdf
Data Source: oaj
Peker’s request to reassure a country that he was covered by a health insurance plan for purposes of obtaining a visa. (...) The Secretary-General argues that the evidence on record demonstrated that to determine “reasonable and customary” cost of care in accordance with the MIP Rules, the UNHCR office in Ankara had contacted a renowned health care institution, namely, the American Hospital in Istanbul. (...) The exceptions to this are set out in Rule 6.3 as follows: (i) exceptions incurred for emergency medical care during official mission travel; (ii) approved medical evacuation in the authorized location for the evacuation; and (iii) medical care received in an approved regional area of care.
Language:English
Score: 667833.6 - www.un.org/en/internalj...at/judgments/2019-UNAT-945.pdf
Data Source: oaj