Judgment No. 2183
1. CERN SHALL PAY THE COMPLAINANT AN AMOUNT EQUAL TO THE NET REMUNERATION TO WHICH SHE WOULD HAVE BEEN ENTITLED HAD SHE REMAINED IN HER FUNCTIONS UNTIL 30 SEPTEMBER 2001.
2. IT SHALL PAY HER 2,000 SWISS FRANCS IN COSTS.
3. THE COMPLAINANT'S OTHER CLAIMS ARE REJECTED.
"International organisations must take responsibility for decisions of their employees, even if they subsequently condemn those decisions."
complaint allowed; complaint allowed in part; decision; liability; organisation's duties; official
"The principle of the confidentiality of private messages stored in a professional e-mail account must be observed [...] In the event that access to an e-mail account becomes necessary for reasons of urgency or because of the prolonged absence of the account holder, it must be possible for organisations to open the account using appropriate technical safeguards. That state of necessity, justifying access to data which may be confidential, must be assessed with the utmost care."
complaint allowed; complaint allowed in part; organisation; general principle; force majeure; organisation's duties; leave; discretion; safeguard; official