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Category: European Law
Satisfied Customers: 21
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I work UN organization past 12 year on regular

Customer Question

I work for an UN organization for the past 12 year on regular contract.a year ago I had an terrible accident at work and I trip on a pallet who shouldn't be there.As a result I had a very bad broken humerus.i refuse to do a surgery because I'm diabetic ,I got asthma and Hight blood pressure.Now I should go back to work and my Gp want to sign me off.But our doctor in UN where I work he's trying to push me to do a surgery or I will be on early retirement .i don't want that I got family back home and I will get a miserable pension.The doctor told me I can't sue the organization something who didn't come to my mind .
All what I feel he's the doctor he's helping HR to get ride of me.
Please let me know what I can do.
Thank you
Submitted: 1 year ago.
Category: European Law
Customer: replied 1 year ago.
What I feel my organization want.
To get ride of me.
The doctor at work knows I don't want a surgery so he's playing on that ..can he force me to do that surgery?
What I want
To go back to work as normal human been.
Expert:  ben.jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are your specific questions, what are you hoping to achieve?
Customer: replied 1 year ago.
As work related accident can they terminate my contract and put me on early retirement.?
My GP sign me off to go back to work...can my doctor at work refuse me to go back to work because I m not fit?
As work related accident what is my right in an UN organization?
Customer: replied 1 year ago.
He is possible to call you to explain my situation?if yes what is your number?
I really don't know what to do?
Please help
Expert:  ben.jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied. I will advise your position based on UK law, you need to check what country’s laws govern your contract because regardless of this being a UN organisation it would be one country’s laws that determine your rights.Capability, where an employee is unable to perform their job due to ill health, is a potentially fair reasons for dismissing an employee under the Employment Rights Act 1996. The definition of ‘capability’ includes competence (skill and aptitude), health (any mental/physical quality) and qualifications. It does not matter whether this was all as a result of a work-related accident. Whether a capability dismissal is fair will depend on the particular circumstances and the procedure that was followed. The employer needs to show they had reasonable grounds to believe that the employee was incapable of performing their job and that nothing further could be done to assist them. In the end they need to show that dismissal was a reasonable decision to take. The courts have held that an important consideration is whether any reasonable employer would have waited longer in the circumstances before dismissing the employee.When looking at the reasonableness of such a dismissal, the tribunal will usually look at the following elements:• What was the nature of the illness• Was the employee consulted over their position and did the employer try to ascertain the true medical position• What was the likelihood of the employee returning to work or the illness reoccurring in the future• The effect a prolonged absence would have on the business and the workforce• The availability of other suitable employment that the employee could do insteadDismissal must always be viewed as a last resort by the employer. Only when it is obvious that the employee cannot continue in their job and that there was nothing else available for them to do would dismissal become a fair option.It is also important to consider the additional rights someone would have if the condition that is affecting them amounts to a 'disability' as that will give them additional rights and protection. This is your basic legal position. I have more detailed advice for you in terms of the law on disability and what you can do to use it to your advantage, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
So if they dismissal me what is my right on compensation?
Customer: replied 1 year ago.
The country law is Geneva
Customer: replied 1 year ago.
Expert:  ben.jones replied 1 year ago.
If this is swiss law then i cannot advise unfortunately and will have to transfer your question to our European law category. Pleas do not reply until someone picks it up there thanks
Expert:  Nicola-mod replied 1 year ago.
Thank you for contacting
It was brought to our attention that you asked a legal question about Switzerland, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.
At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.
Please let me know how you’d like to proceed,