Judgment No. 997

• Organization: European Southern Observatory (ESO)
• Date: 23.01.1990
• Original: Anglais
• Judges: Ducoux, Suffian, Carroll
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 8

Extract:

"By virtue of Judgment 996 the complainant is entitled to reinstatement with full arrears of salary and allowances. The benefits he would have been entitled to but for dismissal included home leave for himself and his family [...]. Should [his family] choose to travel at another time the cost of their home leave will be due to him by virtue of Judgment 996."

Reference(s)

Jugement(s) TAOIT: 996

Keywords

decision quashed; reinstatement; salary; allowance; termination of employment; home leave; refund; consequence; right

Consideration 7

Extract:

"As the Tribunal held in Judgment 647, provided a communication takes the form of a decision, its lawfulness is immaterial for the purpose of lodging an appeal." In the circumstances of the case the complainant's internal appeal against a decision requiring him to take home leave before a specified date was time-barred. The complaint is irreceivable.

Reference(s)

Jugement(s) TAOIT: 647

Keywords

decision; receivability of the complaint; internal appeal; time limit; start of time limit; time bar; flaw; consequence