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Judgment No. 509

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 27 JUNE 1980 IS QUASHED AND THE CERTIFICATE OF SERVICE DATED 28 JANUARY IS CANCELLED.
2. THE ORGANISATION SHALL PAY THE COMPLAINANT 1,000 SWISS FRANCS AS COSTS.
3. THE OTHER CLAIMS FOR RELIEF ARE DISMISSED.

Consideration 15

Extract:

"According to the Staff Regulations the certificate of service should relate, if the staff member so requests, to his competence, efficiency and official conduct. [...] The certificate of 28 January 1980 refers merely to reports which prospective employers may consult provided the complainant so agrees. This expedient does not comply with the actual wording of the article. Nor can prospective employers be referred to annual reports on performance. The certificate of service should be a text which is complete in itself."

Keywords

complaint allowed; formal requirements; decision quashed; organisation's duties; certificate of service

Consideration 15

Extract:

"The Director-General enjoys discretion in the matter, but the Tribunal is still competent to determine whether all the information set out in [the material article] has been supplied. In this case it has not. [...] The certificate should [therefore] be cancelled so that the Director-General may, if the complainant so requests, provide a new and complete one."

Keywords

formal requirements; certificate of service; judicial review; discretion

Consideration 16

Extract:

"[The complainant's] claims for compensation are irreceivable because there is no previous decision."

Keywords

decision; receivability of the complaint; condition; request by a party

Consideration 16

Extract:

"[The complainant] also seeks protection against defamation. There is, however, nothing in the written evidence to suggest that aspersions have been cast on her honour at any point in the proceedings."

Keywords

moral injury; lack of evidence; respect for dignity

Consideration 3

Extract:

The organisation argues that the Tribunal may only hear complaints filed by serving officials. "The argument fails. When someone leaves the staff he is entitled, then as indeed throughout his career, to compliance with the staff regulations. A tribunal is competent in regard to every aspect of the official's service, and the grant of a certificate is a necessary incident of his employment."

Keywords

locus standi; receivability of the complaint; right of appeal; certificate of service; separation from service; retirement



 
Dernière mise à jour: 06.04.2020 ^ haut