ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword > extension of contract

Judgment No. 3960

Decision

1. The impugned decision of 18 March 2016 rejecting the complainant’s request for review of decision CA/D 14/15, as well as decision CA/D 14/15 itself, are set aside.
2. The complainant shall be immediately reinstated in his former post.
3. The EPO shall pay the complainant material damages in an amount equal to the deductions from his remuneration made as a result of decision CA/D 14/15, together with interest at the rate of 5 per cent per annum from the monthly due dates until the date of payment, as indicated in consideration 8 of the judgment.
4. The EPO shall also pay him moral damages in the amount of 15,000 euros.
5. It shall pay him costs in the amount of 5,000 euros.
6. All other claims are dismissed.

Summary

The complainant contests the decision in which the Administrative Council decided to further maintain his suspension while reducing his salary by half until a final decision had been made in his case.

Judgment keywords

Keywords

complaint allowed; decision quashed; extension of contract; reinstatement; suspension

Consideration 9

Extract:

In this case, concurring with Judgment 3958, the ratio decidendi is the following: as it might reasonably be thought that the President was directly, specifically and individually offended by the misconduct for which the complainant was charged, he could not take part in any individual proceedings regarding the allegedly identified author of the alleged misconduct. The President’s participation in these proceedings has given rise to the unlawfulness of the individual decisions impugned with the Tribunal.

Reference(s)

ILOAT Judgment(s): 3958

Keywords

decision quashed; bias; conflict of interest



 
Last updated: 19.08.2020 ^ top