Judgment No. 2819
Decision
1. The decision of the President of the Office rejecting the complainant's internal appeal is set aside and the decision of 22 December 2005 is set aside with effect from the date on which the complainant is reassigned to a new post in accordance with point 2 hereof.
2. The President shall, within 28 days, reassign the complainant to a grade A6 post that involves the running of a prominent organisational unit covering several specialised fields.
3. The EPO shall pay the complainant moral damages in the amount of 25,000 euros and costs of these proceedings and the internal appeal proceedings in the amount of 5,000 euros.
4. The complaint is otherwise dismissed.
Consideration 8
Extract:
"It is well settled that a transfer decision, if of a nondisciplinary nature, «must show due regard, in both form and substance, for the dignity of the official concerned, particularly by providing him with work of the same level as that which he performed in his previous post and matching his qualifications» (see Judgment 2229, under 3(a)). Given that the new tasks of the complainant involve none of the tasks specified in the Service Regulations for a grade A6 post, it must be concluded that the transfer did not respect his dignity. There are two other matters that indicate a lack of respect for the complainant's dignity. First, there is the Vice- President's e-mail of 9 January 2006 that was transmitted to all other Principal Directors in his Directorate and that clearly impugned the complainant's ability to perform his functions as head of the Joint Cluster Computers. [...] There was no need to justify the decision to the complainant's peers and the e-mail could only lessen his standing in their eyes. The second matter is that the complainant was not provided with any staff - not even a secretary."
Reference(s)
ILOAT Judgment(s): 2229
Keywords
status of complainant; respect for dignity; terms of appointment; transfer; grade; post; working conditions
Consideration 10
Extract:
"As the transfer decision did not respect the complainant's dignity, the Tribunal will order that the complainant be reassigned, within 28 days, to a post that satisfies the core requirement of a grade A6 post, namely, the running of a prominent organisational unit covering several specialised fields, and that the decision of 22 December 2005 be quashed with effect from the date of his reassignment to the new post."
Keywords
order; respect for dignity; terms of appointment; transfer; grade; post; working conditions; compensatory measure
Consideration 11
Extract:
"Although the complainant's dignity has been seriously injured, and consistently injured over a period of three and a half years, he has suffered no financial loss and his claims for compensation and for moral damages are excessive. [...] The complainant will be adequately compensated by an award of moral damages in the amount of 25,000 euros. There will be an award of costs of these proceedings and the internal appeal proceedings in the amount of 5,000 euros."
Keywords
injury; lack of injury; material injury; complainant; costs; amount; respect for dignity
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