Judgment No. 1107
1. THE DIRECTOR-GENERAL'S DECISION OF 28 AUGUST 1990 IS SET ASIDE.
2. CERN SHALL MAKE PAYMENTS TO THE COMPLAINANT AT DIGRESSIVE RATES OVER THE THREE YEARS FROM 1 APRIL 1988 IN COMPENSATION FOR LOSS OF THE SHIFT ALLOWANCE.
3. IT SHALL PAY HIM 1,500 SWISS FRANCS IN COSTS.
The complainant, who joined CERN as a fireman, was transferred from a night-shift post to one confined to day work. The offer of the new post said that staff who gave up shift work could be compensated for loss of the shift allowance at digressive rates over three years. The Director- General decided to grant him compensation over a period of only one year. The Tribunal sets the decision aside on the grounds that "an offer of appointment holds good until it is withdrawn or accepted in good faith and without qualification, when it amounts to a contract."
complaint allowed; decision quashed; good faith; transfer; contract; appointment; offer; salary; compensatory allowance; acceptance; binding character; compensatory measure; elements; reduction