Judgment No. 491

• Organization: European Organization for Nuclear Research (CERN)
• Date: 03.06.1982
• Original: French
• Judges: Grisel, Ducoux, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

The Staff Regulations stipulate that a contract "may not be altered by implied or even oral agreement. The organisation may be wrong to require an official - who wishes after all to keep his employment - to provide services not stipulated in his contract. But this is not the case here."

Keywords

formal requirements; organisation's duties; amendment to the rules; terms of appointment; contract

Consideration 3

Extract:

"The Tribunal will determine the complainant's status by reference to the Staff Rules and Regulations and only where they are silent will it apply the general principles governing international public service. There is no ambiguity about the texts in point in this case."

Keywords

applicable law; international civil service principles; staff regulations and rules; enforcement; no provision

Consideration 5

Extract:

"When the complainant signed the contract he was fully aware of the terms of employment [...] He consented to those terms [...] He may not validly contend that advantage was taken of his own good faith since, on learning the position(*) of most of his fellow officials, he might have objected and sought the conclusion of a new contract for himself."
(*) in respect of working hours and overtime

Keywords

good faith; terms of appointment; contract; overtime; working hours; acceptance