Judgment No. 1416
1. THE DECISION TAKEN BY THE DIRECTOR-GENERAL OF CERN ON 3 MARCH 1993 ON THE COMPLAINANT'S APPEAL IS SET ASIDE.
2. THE CASE IS SENT BACK TO CERN FOR A NEW DECISION ON THE DESIGNATION OF THE COMPLAINANT'S CAREER PATH.
3. THE ORGANIZATION SHALL PAY HER 20,000 FRENCH FRANCS IN COSTS.
4. HER OTHER CLAIMS ARE DISMISSED.
The complainant charged the organization with breach of equal treatment when it assigned her to a new career path. The answer the Director-General gave her was ambiguous. "The Tribunal cannot therefore review the Director-General's reason for declining to put her on the same path as the other official, nor tell whether cern abided by the rules on fairness. Not having enough evidence to make a ruling, it will quash the impugned decision, though it will not order cern to put her on path iv as she asks."
complaint allowed; complaint allowed in part; grounds; decision quashed; equal treatment; equity; career; assignment; promotion; judicial review; refusal