Judgment No. 1790
Decision
1. The Director General's decision of 3 June 1997 is set aside.
2. The Observatory shall pay the complainant a termination indemnity in an amount equivalent to five months' basic salary, less any sums already paid to him under that head.
3. It shall pay him 10,000 French francs in costs.
Consideration 9
Extract:
The complainant says that the Organisation has paid him a termination indemnity reckoned on the strength of only six years' service though he was on its staff for over twelve years. The defendant's answer is that according to the Staff Regulations the complainant had only six years' unbroken service. The Tribunal considers that "the defendant has misread its own rules. For the purpose of reckoning the total period of unbroken service they do not, as it makes out, distinguish between a year served as a fellow' and a year served as a staff member or auxiliary."
Keywords
staff regulations and rules; interpretation; terminal entitlements; continuance of operations
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