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Judgment No. 1447

Decision

1. THE PRESIDENT'S DECISION OF 24 MAY 1994 IS QUASHED.
2. THE EUROPEAN PATENT ORGANISATION SHALL REINSTATE THE COMPLAINANT AND PAY HIM SALARY, ALLOWANCES AND OTHER ENTITLEMENTS AS FROM 1 JUNE 1994.
3. IT SHALL PAY HIM 8,000 GUILDERS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 16

Extract:

"As for the charge of misconduct warranting dismissal under Article 93(2)(f), the Tribunal accepts the Disciplinary Committee's ruling that the complainant had no intention of causing damage in the incident [...]. It is therefore satisfied that the sanction of dismissal was grossly disproportionate to his misbehaviour on that day."

Reference(s)

Organization rules reference: ARTICLE 93(2)(F) EPO SERVICE REGULATIONS

Keywords

proportionality; staff regulations and rules; termination of employment; misconduct; conduct; disciplinary measure

Consideration 17

Extract:

The complainant was wrongfully dismissed and "there are no proven facts which make his reinstatement 'not possible or advisable' within the meaning of Article VIII of the Tribunal's sSatute. The organisation must reinstate him and pay him salary, allowances and other entitlements as from [the date of his dismissal]. He need not give credit for any sums he may have earned since that date. For that reason he is awarded no sum in moral damages".

Reference(s)

ILOAT reference: ARTICLE VIII OF THE STATUTE

Keywords

moral injury; iloat statute; reinstatement; salary; allowance; date



 
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