Judgment No. 2346

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 14.07.2004
• Original: French
• Judges: Gentot, Egli, Ba
• Full judgment text - Full judgment text (french)

Decision

1. The claim for payment of the operational support allowance has become redundant.
2. Eurocontrol shall pay the complainant 5,000 euros in compensation for moral injury.
3. It shall pay him 2,000 euros in costs.
4. All other claims are dismissed.

Consideration 5

Extract:

Transfer decisions may be non disciplinary, disciplinary, or mixed in nature. But whether or not the transfer arises from disciplinary proceedings, the right of the staff member to be heard must be guaranteed. It matters little in this respect whether or not transfer is envisaged amongst the applicable disciplinary sanctions; what is decisive is “whether the transfer appears to be the consequence of alleged professional shortcomings of the staff member which may, by their nature, give rise to disciplinary sanctions” (see Judgments 2229, under 3, and 2285, as well as the case law referred to). The protection of the staff member’s dignity is at stake.

Reference(s)

ILOAT Judgment(s): 2229, 2285

Keywords

transfer; working conditions