Judgment No. 1212
Decision
1. THE DIRECTOR-GENERAL'S DECISION OF 12 NOVEMBER 1991 DISMISSING THE COMPLAINANT IS QUASHED AND HER ENTITLEMENTS SHALL BE DETERMINED ACCORDINGLY, AS SET OUT IN 7 ABOVE.
2. CERN SHALL PAY HER 10,000 SWISS FRANCS IN DAMAGES FOR MORAL INJURY.
3. IT SHALL PAY HER 4,000 SWISS FRANCS IN COSTS.
Considerations 2-4
Extract:
The complainant disputes the lawfulness of a decision to dismiss her while she was on probation. She alleges breach of her right to a hearing before dismissal. She relies on a rule for which there was a long line of precedents, among them Judgments 987 [...] and 1082 [...]. The rule is that a contract of employment creates a relationship of trust and that lays on the organization a duty to inform the staff member of its intention of dismissing him and let him defend his interests. The organization moreover must disclose its intention before it gives notice; disclosing it just before the dismissal takes effect will not do. The Tribunal holds that CERN "utterly disregarded her right to be given a prior hearing so that she might comment in detail on the reasons why she was being dismissed."
Reference(s)
Jugement(s) TAOIT: 987, 1082
Keywords
decision; date of notification; right to reply; due process; organisation's duties; termination of employment
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