TU PATERE LEGEM QUAM IPSE FECISTI
In two judgments of February 2009, the ILO Administrative Tribunal (hereafter ILOAT) upheld CERN’s contract policy.In another case having given rise to a recent judgment (3 February 2010), the same problems, in essence, were raised concerning the illegal injustice which could result from the implementation of the policy in question.
This time, the Tribunal decided in favour of our colleague, basing itself on the Latin maxim tu patere legem quam ipse fecisti, according to which any authority is bound by its own rules, as long as such rules have not been amended or abrogated. In fact, the Administration had informed the complainant that his application for a long-term contract would be examined for six slots, when in fact it was examined for only one.
This judgment represents a victory for the complainant, for the Staff Association and its perseverance, and also for the principle according to which any organisation must keep its word and act in good faith.
It shows that, without reversing its judgment, the Tribunal, after abstaining from condemning a given policy, may sanction the breaches which may result from its implementation in a concrete case.
The Staff Association regrets that the ILOAT has not reinstated the complainant, but merely compensated him. However, it cannot but welcome the quashing of the Director General’s decision, which could be applied to a multitude of cases, and wishes to draw your attention to it.
This judgment gives the Association the opportunity to reiterate its vigilance in contract policy. We are in the process of examining in detail the results of the recent Indefinite Contract exercise, the first of its kind. Your experience and your comments are of interest to us whether or not you were a candidate. Your opinion is of great value to us. Thank you.
