Judgment No. 3990
1. The impugned decision of 25 July 2016 and the termination decision of 2 May 2016 are set aside.
2. The ITER Organization shall pay the complainant 70,000 euros moral damages.
3. The ITER Organization shall pay the complainant 40,000 euros material damages.
4. The ITER Organization shall pay the complainant 8,000 euros costs.
5. All other claims are dismissed.
The complainant challenges the decisions to terminate her fixed-term contract and to refuse to pay her the termination indemnity.
fixed-term; terminal entitlements; termination
The complainant received no forewarning of the impending termination of her contract. She was, in substance, given no opportunity to argue against a decision to terminate her contract summarily (see, for example, Judgment 3169, consideration 16).
ILOAT Judgment(s): 3169
There was no obvious and compelling reason why this should have been so, nor was there an obvious and compelling reason why the complainant could not have served out her notice (see, for example, Judgment 1616, consideration 5), even assuming the termination had been lawful.
ILOAT Judgment(s): 1616
The complainant does not seek reinstatement, nor will it be ordered by the Tribunal. However, she is entitled to material damages, though in relation to some relevant considerations there is a dearth of evidence. The Tribunalís assessment includes a consideration of the difference (on the pleas, the Organization does not contest there was a reduction in her earnings) between what she would have earned if her contract had not been terminated prematurely and the income she earned after taking up employment with the CEA some months later. Some allowance, however, should be made to the fact that the Organization may have been able, in due course, to lawfully terminate the complainantís contract [...]. Another factor in the mix when assessing material damages is the complainantís lost opportunity to secure further employment with the Organization after the expiry of her contract [...] and the loss of potential pension benefits.