Judgment No. 1007

• Organization: European Organization for Nuclear Research (CERN)
• Date: 23.01.1990
• Original: Anglais
• Judges: Ducoux, Suffian, Carroll
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 11 OCTOBER 1988 IS SET ASIDE AND THE CASE SHALL BE FORWARDED TO THE SECRETARIAT OF THE JOINT ADVISORY APPEALS BOARD FOR ACTION.
2. THE COMPLAINANT IS AWARDED 500 SWISS FRANCS IN COSTS.
3. HIS OTHER CLAIMS ARE DISMISSED.

Summary

Extract:

The complainant's first internal appeal against the denial of promotion was considered receivable but failed. A second appeal which he filed one year later was not treated as such by the organization. The second appeal had the same wording at the beginning and end as the first. The Tribunal holds that the Director-General should have treated the appeal as such and forwarded it to the secretariat of the Joint Advisory Appeals Board in keeping with Article R B 2.07 of Annex R B 2 of the CERN Staff Regulations. The case is remitted to the organization.

Reference(s)

Organization rules reference: ARTICLE R B 2.07 OF ANNEX R B 2 OF THE CERN STAFF RULES

Keywords

receivability of the complaint; formal requirements; internal appeal; decision quashed; case sent back to organisation; further submissions on the merits