Judgment No. 1757

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 09.07.1998
• Original: French
• Judges: Ba, Gentot, Egli
• Full judgment text - Full judgment text (french)

Decision

The complaint and Eurocontrol's counter-claim are dismissed.

Consideration 4

Extract:

In processing, ordering and notifying transfer an organisation must heed the staff member's dignity and good name and not cause undue injury. And the decision must follow proper inquiry: see Judgment 1496 [...] under 7 and 8.

Reference(s)

ILOAT Judgment(s): 1496

Keywords

decision; moral injury; organisation's duties; respect for dignity; transfer

Consideration 5

Extract:

"Transfer is such an important decision that it must be properly accounted for. For one thing, that helps the staff member to make up his mind about what to do, for example lodge an appeal; for another, it allows review of the lawfulness of the decision. Yet the reasons need not be stated in the actual text notifying transfer: they may have been conveyed beforehand or later, even in the course of internal appeal proceedings."

Keywords

decision; duty to substantiate decision; grounds; right of appeal; organisation's duties; transfer; date