Judgment No. 1745

• Organization: European Southern Observatory (ESO)
• Date: 09.07.1998
• Original: French
• Judges: Gentot, Egli, Barberis
• Full judgment text - Full judgment text (french)

Decision

1. The Director General's decision of 19 September 1996 is set aside.
2. The Observatory shall either reinstate the complainant as from the date of dismissal or pay him damages as reckoned in consideration 11.
3. It shall pay him 20,000 French francs in costs.
4. His other claims are dismissed.

Consideration 9

Extract:

"The [Organisation] says, quite rightly, that the verbatim record of the Board's hearings does not have the same authority in law as formal minutes. Yet statements made by some witnesses, undoubtedly in good faith, are worth citing."

Keywords

internal appeals body; submissions; evidence; admissibility of evidence; testimony; good faith

Consideration 11

Extract:

What [...] should th[e] redress be? The ESO is not sure to find him a suitable post, and in the appeal proceedings he said that the payment of damages would do instead of reinstatement. The Tribunal will therefore exercise its discretion under Article VIII of its Statute and, as in Judgment 1586 [...], let the defendant choose between two options. It shall either reinstate the complainant as from the date of dismissal or pay him damages equivalent to thirty-six months' basic salary, less the amounts it has paid him in terminal and repatriation benefits.

Reference(s)

ILOAT reference: Article VIII of the Statute
ILOAT Judgment(s): 1586

Keywords

reinstatement