Judgment No. 416
Decision
1. THE COMPLAINT IS DISMISSED.
2. COSTS SHALL BE PAID BY THE DEFENDANT ORGANISATION.
Consideration 2
Extract:
The complainant failed to meet the requirements for a vacant post and lacked the necessary qualifications for a further post. The decision of the Director-General not to reinstate(*) her "was therefore taken under the authority which [he] enjoys and is not tainted with any mistake of law or any other flaw."
(*) The complainant had taken leave "on personal grounds".
Keywords
vacancy; qualifications; reinstatement; compassionate leave; special leave; judicial review; refusal
Consideration 2
Extract:
The rights that arise from the performance of duties (remuneration, promotion, guarantee of employment) are suspended until reinstatement. "Reinstatement is [...] subject to two cumulative conditions: first, there must be a vacant post and, secondly, the staff member must be qualified for it."
Keywords
career; vacancy; qualifications; reinstatement; compassionate leave; special leave; condition; consequence
Consideration 2
Extract:
Under the applicable provision, a staff member on leave is no longer performing the duties of his former post; although he continues to be an official, the rights arising from the performance of duties [remuneration, promotion, guarantee of employment] are suspended until reinstatement in employment. According to the letter and spirit of the provision, the organisation "may use the vacant post to suit its own interests".
Keywords
status of complainant; compassionate leave; special leave; consequence
| 
