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Judgment No. 2352

Decision

1. The Organization shall pay the complainant a sum calculated as indicated under 6 in compensation for injury under all heads.
2. It shall also pay him the sum of 3,000 euros in costs.
3. All other claims are dismissed.

Considerations 4 and 5

Extract:

The complainant's post was abolished and his appointment terminated. "It is clear from the [applicable] provisions that [...] the Staff Committee had to be consulted before the decision was taken to terminate the complainant's appointment. The purpose of consulting an advisory body, prior to terminating an official's appointment, is to allow that body to ensure that all the conditions for taking such a step are met, with a view to submitting a recommendation to the executive head. The Tribunal takes the view that it is established, by the evidence [...], that the Staff Committee was indeed consulted regarding the suppression of the [complainant's] post [...]. However, it considers that the Committee was not formally consulted with regard to the intention to terminate the complainant's appointment. [...] As the impugned decision was taken in breach of the applicable rules, it must be held unlawful and the Tribunal need not rule on the complainant's other pleas."

Reference(s)

Organization rules reference: Staff Regulation 12(a), Staff Rule 12.1(a) and Staff Circular No. 142

Keywords

complaint allowed; complaint allowed in part; decision; formal requirements; advisory body; recommendation; due process; organisation's duties; written rule; staff regulations and rules; breach; provision; post held by complainant; abolition of post; termination; executive head; flaw; advisory opinion; condition; consequence; purpose



 
Last updated: 05.09.2014 ^ top