Judgment No. 1425

• Organization: European Organization for Nuclear Research (CERN)
• Date: 06.07.1995
• Original: Français
• Judges: Douglas, Gentot, Pescatore
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 9

Extract:

The judgment on which the complainant relies, "restored her contractual rights by quashing the unlawful dismissal. But it did not confer on her any rights beyond those she derived from her contract. Since the contract was for a fixed term CERN had no duty either to convert it into a permanent one or to extend it until she was fit to go back to work."

Keywords

judgment of the tribunal; execution of judgment; organisation's duties; contract; reinstatement; fixed-term; termination of employment

Consideration 12

Extract:

The complainant argues that an international official who is unfit for work may be dismissed only for reasons of health. "That is beside the point because hers is not a case of dismissal. What happened was that [...] CERN refused to renew her appointment".

Keywords

complainant; contract; separation from service; non-renewal of contract; termination of employment; health reasons; sick leave; incapacity; termination of employment for health reasons