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Judgment No. 3099


1. The Director General's decision of 24 July 2009 is set aside.
2. ESO shall pay the complainant material and moral damages in the sum of 30,000 United States dollars.
3. It shall pay the complainant indemnities in accordance with Article RPL II 5.07 of the ESO Regulations for Local Staff in Chile, together with interest at the rate of 5 per cent per annum from 31 July 2009 until the date of payment.
4. It shall also pay the complainant's costs in the amount of 5,000 dollars.
5. All other claims are dismissed.

Consideration 10


"[T]he obligation to treat staff members with dignity and the duty of good faith required, at the very least, that there be an accurate record of the interviews, which could have been achieved by, for example, the making of a transcript by a competent stenographer."


recording; inquiry; good faith; organisation's duties; respect for dignity; duty of care

Consideration 11


"Although staff members of international organisations necessarily have the right to protect their own interests, they must act in conformity with their duty as international civil servants."


international civil service principles; staff member's interest; staff member's duties; official

Consideration 16


The complainant seeks reinstatement. This is resisted by ESO by reference to actions of the complainant following his dismissal, including the publication on a website of an article entitled “A land outside the Jurisdiction of Chilean Laws” in which he was critical of the conduct of ESO and of the actions of the Chilean Government in granting ESO immunity from Chilean laws. In these circumstances, reinstatement will not be ordered.



Last updated: 26.06.2020 ^ top