Judgment No. 1586

• Organization: European Southern Observatory (ESO)
• Date: 30.01.1997
• Original: French
• Judges: Gentot, Egli, Douglas
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision is set aside.
2. The Observatory shall decide whether to reinstate the complainant.
3. If it does so, it shall reinstate him as from the date of the termination of his appointment.
4. If it does not, it shall pay him damages in the amount of 61 months' basic pay less any amounts already made over to him.
5. It shall pay him 50,000 French francs in moral damages.
6. It shall pay him 20,000 francs in costs.

Consideration 5

Extract:

The ESO may choose between reinstatement and the award of such damages. Whichever option it may prefer, the complainant is further entitled, by way of compensation for the injury attributable to the sudden breach of contract, to an award of 50,000 French francs in moral damages.

Keywords

moral injury; reinstatement