Judgment No. 2569
Decision
The complaint is dismissed.
Consideration 4
Extract:
The vacancy notice of the post the complainant applied for stipulated that nationals of all Member States of CERN - including Switzerland - could apply. She was selected for the post but was dismissed after CERN discovered that in her application form she had stated that she held Swiss nationality whereas she had not yet acquired it. "[W]hile it is true that the fact that the complainant was married to a Swiss national should in principle have enabled her to obtain Swiss nationality under the 'facilitated naturalisation' procedure, it is equally true that at the time she filled out her application form she did not hold Swiss nationality and had not even applied for it. [...] By making a false declaration, the complainant was guilty of misconduct which, when it came to light after her recruitment, was sufficient to invalidate her appointment and to justify the imposition of a disciplinary sanction on the grounds that she fell short of the standards of loyalty and integrity that the Organization is entitled to expect of its staff. Although the complainant maintains that by imposing the disputed sanction the defendant breached the terms of her appointment and the applicable provisions of CERN’s Staff Rules and Regulations, she does not substantiate those allegations in any way, nor does she identify any breach of the rules of procedure followed by the Organization. The complaint must therefore be dismissed."
Keywords
marital status; nationality; organisation; misrepresentation; member state; appointment; competition; candidate; vacancy notice; post; reinstatement; termination of employment; misconduct; staff member's duties; disciplinary measure; date; safeguard
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