Judgment No. 1217
THE COMPLAINT IS DISMISSED.
The complainant objects to CERN's refusal to change his home from that of which he is a citizen to another country. "The original determination of the home station on recruitment and any later change are incontrovertibly at the discretion of CERN, which has to give weight to the various criteria the Staff Regulations set. For the sake of sound management [...] the organization may set guidelines on the matter. So there can be no objection to its consistent policy of determining the staff member's home, barring evidence to the contrary, in his own country and allowing later change to some other country only where some change in circumstances so warrants."
decision; nationality; place of origin; amendment to the rules; home leave; home; judicial review; discretion; organisation's interest; criteria; refusal
Considerations 5 and 6, Summary
The complainant pleads that the impugned decision is unlawful because the Director of Administration had no authority to take it; the Director-General himself should have signed it, he argues. The plea fails. It is plain on the evidence that the decision gave effect to the Director-General's wishes. That is born out by the complainant's putting the matter to the Director-General after he got the impugned decision and by the Director-General's making plain that the decision by the Director of Administration squared with his own views on the matter.
decision; competence; decision-maker; procedural flaw