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Judgment No. 2850

Decision

1. The decisions of the Director General of Eurocontrol of 18 July 2007 and 20 February 2008 are set aside.
2. The Agency shall pay the complainant 10,000 euros, which includes interest, in compensation for the injury suffered.
3. It shall also pay him costs in the amount of 2,000 euros.
4. All other claims are dismissed.

Consideration 9

Extract:

"[T]he complainant argues that his initial appointment ought to have been for an undetermined period since his duties were of a lasting nature. However, as he was recruited under a contract for a limited period his situation is in any case governed by the provisions applicable to such contracts, and even on the assumption that his post should normally have been filled by a servant appointed for an undetermined period - which, as can be seen from Judgment 1450, is not a matter which the Tribunal will review - this fact by itself could not lead to a redefinition of his appointment."

Reference(s)

ILOAT Judgment(s): 1450

Keywords

complaint allowed; complaint allowed in part; amendment to the rules; provision; contract; appointment; duration of appointment; permanent appointment; short-term; judicial review

Consideration 9

Extract:

"[T]he decision not to renew the complainant's contract, issued on 18 July 2007 and effective as of 30 November, preceded his actual separation from service by more than four months. The Tribunal is of the view that in the present case that period of time was long enough for it to be deemed to comply with [the Organization's obligation to give the complainant reasonable notice]."

Keywords

complaint allowed; complaint allowed in part; organisation's duties; contract; separation from service; non-renewal of contract; notice; date; effect



 
Last updated: 02.10.2009 ^ top