Judgment No. 1439
Decision
1. THE COMPLAINANT IS AWARDED 500 GERMAN MARKS IN COSTS.
2. HIS OTHER CLAIMS ARE DISMISSED.
Consideration 8
Extract:
"The grant of promotion with effect from [a given date] is an administrative decision which the complainant was entitled to challenge".
Keywords
decision; effective date; cause of action; promotion; date
Consideration 9
Extract:
The organization refused to promote the complainant with effect from the date at which he met the material conditions on the grounds that he had been subject to disciplinary action. The Tribunal quashed the disciplinary action in an earlier judgment and the complainant finally got his promotion, albeit with some delay. The Tribunal rejects his claim to moral damages. "The delay in granting him promotion caused him no moral injury because the organisation acted in good faith in originally deciding not to promote him."
Keywords
effective date; moral injury; organisation; delay; judgment of the tribunal; good faith; promotion; disciplinary measure; date; refusal
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