Judgment No. 996

• Organization: European Southern Observatory (ESO)
• Date: 23.01.1990
• Original: French
• Judges: Ducoux, Suffian, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 7 SEPTEMBER 1988 IS SET ASIDE.
2. THE COMPLAINANT SHALL BE REINSTATED IN THE SERVICE OF THE EUROPEAN SOUTHERN OBSERVATORY WITH FULL ARREARS OF SALARY AND ALLOWANCES BUT SHALL GIVE CREDIT FOR ANY PAYMENTS HE MAY HAVE RECEIVED FROM THE ESO AFTER THE DATE OF THE PURPORTED TERMINATION AND FOR ANY EARNINGS FROM OTHER SOURCES.
3. THE ESO SHALL PAY HIM 8,000 SWISS FRANCS IN MORAL DAMAGES.
4. IT SHALL PAY HIM 4,000 SWISS FRANCS IN COSTS.

Consideration 6

Extract:

"The requirement in [Article R II 1.24 of] the [ESO] Staff Regulations that the staff member consent to transfer is in marked contrast to other international organisations, in which transfer is common and the executive head has discretion to transfer staff from one duty station to another whether they consent or not. The complainant is correct in his submission that there is no provision in the ESO's rules for dismissal on the grounds of refusal of transfer."

Reference(s)

Organization rules reference: ARTICLE R II 1.24 OF THE ESO STAFF REGULATIONS

Keywords

organisation's duties; staff regulations and rules; enforcement; duty station; transfer; reinstatement; termination of employment; refusal