Judgment No. 1037

• Organization: European Southern Observatory (ESO)
• Date: 26.06.1990
• Original: English
• Judges: Ducoux, Suffian, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE DECISION OF 5 APRIL 1989 CONFIRMED BY THE DECISION OF 14 JUNE 1989 IS SET ASIDE.
2. THE OBSERVATORY SHALL PAY THE COMPLAINANT TWELVE MONTHS' SALARY AND ALLOWANCES IN DAMAGES.
3. IT SHALL PAY HIM 4,000 SWISS FRANCS IN COSTS.

Summary

Extract:

After his appointment was extended several times and he received favourable staff reports, the complainant was denied the renewal of his appointment. That decision was based on a lack of leadership qualities, even though these were not mentioned in the requirements set out in his job description. As the decision mistakenly took account of facts unrelated to the duties assigned to him, it is tainted by a fatal flaw and the Tribunal will set it aside.

Keywords

post description; work appraisal; contract; qualifications; fixed-term; non-renewal of contract; mistaken conclusion