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Judgment No. 1416

Decision

1. THE DECISION TAKEN BY THE DIRECTOR-GENERAL OF CERN ON 3 MARCH 1993 ON THE COMPLAINANT'S APPEAL IS SET ASIDE.
2. THE CASE IS SENT BACK TO CERN FOR A NEW DECISION ON THE DESIGNATION OF THE COMPLAINANT'S CAREER PATH.
3. THE ORGANIZATION SHALL PAY HER 20,000 FRENCH FRANCS IN COSTS.
4. HER OTHER CLAIMS ARE DISMISSED.

Consideration 7

Extract:

The complainant charged the organization with breach of equal treatment when it assigned her to a new career path. The answer the Director-General gave her was ambiguous. "The Tribunal cannot therefore review the Director-General's reason for declining to put her on the same path as the other official, nor tell whether cern abided by the rules on fairness. Not having enough evidence to make a ruling, it will quash the impugned decision, though it will not order cern to put her on path iv as she asks."

Keywords

complaint allowed; complaint allowed in part; grounds; decision quashed; equal treatment; equity; career; assignment; promotion; judicial review; refusal



 
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