Judgment No. 868
1. THE DECISION NOTIFIED BY THE DIRECTOR-GENERAL'S LETTER OF 15 OCTOBER 1986 IS SET ASIDE.
2. THE CASE IS REFERRED BACK TO THE UNION FOR A NEW AND PROPERLY SUBSTANTIATED DECISION WHICH APPLIES BY ANALOGY ALL THE MATERIAL PROVISIONS OF THE STAFF REGULATIONS OF THE BUREAU.
3. THE COMPLAINANT IS AWARDED 1,000 SWISS FRANCS IN COSTS.
"the inconsistent evaluations of the complainant's work by the spokesman for the group cast doubt on the correctness of the decision to dismiss him on the grounds of unsatisfactory performance; the arrangements made for the later test were improper, and the importance of it was not clearly made known to him; and thirdly, the spokesman of the group disregarded his age and earlier career in the union."
complaint allowed; decision quashed; case sent back to organisation; work appraisal; different appraisals; contract; permanent; termination; unsatisfactory service; disregard of essential fact