Judgment No. 873
Decision
1. THE DECISION OF 6 MARCH 1987 IS SET ASIDE INSOFAR AS IT RELATES TO THE AMOUNT OF COMPENSATION.
2. THE COUNCIL SHALL PAY THE COMPLAINANT COMPENSATION EQUIVALENT TO THIRTEEN MONTHS' SALARY.
3. IT SHALL PAY HIM 3,400 FRENCH FRANCS IN COSTS.
Consideration 2
Extract:
"What the complainant challenges is a final decision against which he had no internal means of redress within the meaning of Article VII[1] of the Statute of the Tribunal, and he respected the time limit in VII[2]. His complaint is therefore receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords
decision; receivability of the complaint; direct appeal to tribunal; internal appeal; internal remedies exhausted; no provision
Consideration 5
Extract:
"The Staff Regulations do not say what notice shall be given or how much shall be paid in compensation to the redundant staff member. [...] When his post is abolished someone with a fixed-term appointment is ordinarily entitled to notice and to fair and reasonable compensation. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation and seniority and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords
moral injury; amount; organisation's duties; no provision; terminal entitlements; abolition of post; notice; compensation; elements
Consideration 4
Extract:
"That an appointment still has time to run does not preclude abolition under [...] Staff Regulations."
Keywords
contract; fixed-term; abolition of post; termination of employment
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