Judgment No. 1074
THE COMPLAINT IS DISMISSED.
Following a period on unpaid leave for personal reasons, the complainant could not be reinstated under Article 40(3)(d), which entitles him to reinstatement under certain conditions. He alleges breach of the terms of appointment by Eurocontrol. The Tribunal observes that "he is unable to point to any one vacant post corresponding to his grade, category and service in which the organisation have failed to reinstate him. Still less is he able to point to such a series of failures to reinstate him as might raise the presumption of a decision by the organisation never to reinstate him at all".
Organization rules reference: ARTICLE 40 OF THE GENERAL CONDITIONS OF EMPLOYMENT GOVERNING SERVANTS AT THE EUROCONTROL MAASTRICHT CENTRE
organisation's duties; reinstatement; compassionate leave; special leave; unpaid leave; right