Judgment No. 1354

• Organization: European Organization for Nuclear Research (CERN)
• Date: 13.07.1994
• Original: French
• Judges: Ruda, Pescatore, Razafindralambo
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 8

Extract:

The complainant objects to the career path on which CERN assigned him when it brought in a new system of advancement. He says CERN relied on his grade - 8 -, whereas it did not give a true indication of the quality of his work. "The plea is irreceivable since it amounts to challenging his promotion to grade 8, a decision he has never demurred at in an internal appeal and which has therefore become final."

Keywords

decision; receivability of the complaint; internal appeal; career; assignment; grade; promotion; work appraisal

Consideration 9

Extract:

The complainant is challenging CERN's assignment of him on a career path in keeping with a new advancement scheme. He says the procedure should have been adversarial. The plea fails. "There is no question of any breach of his right to due process." Even discounting his discussions about CERN's provisional determination of his career path, both his internal appeal and the present proceedings "have afforded him ample opportunity to plead his case".

Keywords

complaint; internal appeal; adversarial proceedings; right to reply; due process; assignment