Judgment No. 3437
Decision
1. The decision of the Director of the CTA of 5 October 2011 and that of 15 June 2011 terminating the complainant’s appointment are set aside.
2. The complainant shall be reinstated in the Centre to the full extent possible as from 14 March 2012, with all the legal consequences that this entails.
3. If the Centre considers that such reinstatement is impossible, it shall pay the complainant material damages calculated as indicated under 12.
4. At all events, the Centre shall pay the complainant moral damages in the amount of 5,000 euros.
5. It shall also pay him 5,000 euros in costs.
6. The complainant’s remaining claims are dismissed, as is the Centre’s counterclaim.
Summary
The complainant successfully impugns the decision to terminate his contract following the CTA restructuring.
Judgment keywords
Keywords
complaint allowed; decision quashed; abolition of post; reorganisation; termination of employment
Consideration 9
Extract:
"By [...] commissioning an extraneous body to undertake a task which entailed interfering in the assessment of staff members’ suitability for the available positions, whereas the Staff Regulations made no provision for this, the Centre established an assessment system parallel to that which existed officially and which, moreover, did not offer staff members the safeguards inherent in the official system."
Keywords
qualifications; performance evaluation
Considerations 11-12
Extract:
"Having regard to the nature and length of the complainant’s appointment, the Tribunal will therefore order the CTA to reinstate him, to the full extent possible, in the Centre as from the date on which the termination of his contract took effect [...] with all the legal consequences that this entails.
However, if the CTA considers, in view of its staff complement and budgetary resources, that it cannot actually reinstate the complainant, it shall have to pay him material damages for his unlawful removal from his post. In this connection, the complainant has no grounds for claiming the payment of all the emoluments which he would have received until he reached retirement age because, although his contract was concluded for an indefinite period of time, it did not guarantee that he would be employed by the Centre until the end of his career, since its functioning is contingent on various unforeseeable factors. The CTA will, however, be ordered to pay the complainant the equivalent of the salary and allowances of all kinds which he would have received had his contract remained in force for a period of five years [...], less the compensation he received on termination of his contract and any remuneration he may have received during this period. The Centre must also pay the complainant the equivalent of the contributions to pension, provident or social security schemes which it would have had to bear during the same period."
Keywords
reinstatement; permanent appointment
Consideration 5
Extract:
Precedent has it that international organisations may undertake restructuring entailing the redefinition of posts and staff reductions in order to achieve greater efficiency or budgetary savings (see, for example, Judgments 2156, under 8, or 2510, under 10). However, each and every individual decision adopted in the context of such restructuring must respect all the applicable legal rules and in particular the fundamental rights of the staff concerned (see, for example, Judgments 1614, under 3, 2907, under 13, or 3169, under 7).
Reference(s)
Jugement(s) TAOIT: 1614, 2156, 2510, 2907, 3169
Keywords
organisation's duties; reorganisation
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