Judgment No. 1807
Decision
1. The Director General's decision of 11 July 1997 is set aside.
2. The ESO shall pay the complainant the amounts it wrongfully docked from his emoluments from 1 January 1996 to 31 October 1997.
3. It shall pay him 10,000 French francs in costs.
Consideration 8
Extract:
The organisation submits that the contract signed by the complainant was a new contract, not an extension of the old one, since his status had shifted from "paid associate" to "international staff member". So he was not entitled to the protection of acquired rights bestowed by an internal memorandum. According to the Tribunal, "the contract which [the complainant] was offered [...] and which he signed [in October 1995] was not his first fixed-term contract, since he had begun at the [organisation] in 1991 under a fixed-term one that it had renewed more than once. nor was it a new, indefinite contract, since [...] his last contract was a fixed-term one for three years. Under his earlier contracts he was a staff member".
Keywords
acquired right; contract; extension of contract; fixed-term; successive contracts; permanent appointment; official
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