Annual report 2002 - EOI

DECISIONS FOLLOWING AN INQUIRY 63
THE INQUIRY
The opinion of the European Commission
In summary, the Commission makes the following points:
Any work experience has to be proved by an attestation of the employer. During the period
of October 1991 to April 1994, the complainant, although working intra muros, was
employed as interimaire by other companies. Since he did not provide relevant attestations
by his employers for this period, the Selection Committee could not take into account this
period as relevant work experience.
The complainant only proved a 3 years’ work experience in the field of packing of goods
and 5 months’ experience concerning the driving of a vehicle. Point 4 of the notice for the
selection procedure requires: “Posséder une expérience prouvée de 3 ans minimum dans
la manutention de biens et la conduite de véhicules type camionnette”. The Selection
Board interpreted this clause as requiring a minimum of 3 years work experience in each
of the two fields.
However, the Commission has come to the conclusion that the clause can be seen as being
ambiguous since it reasonably allows the interpretation that a work experience in both
fields amounting to at least 3 years was sufficient.
The Commission regrets that point 4 of the general conditions was unclear and that this
fact caused avoidable inconvenience for the complainant. With a view to a friendly settlement
of the case the Commission is prepared to offer the complainant a payment of 2000
Euro.
The complainant’s observations
In his observations, the complainant argued that the Commission should have accepted the
work certificates which he submitted.
However, the complainant acknowledged that the selection procedure is now closed. He
therefore accepted the Commission’s offer to pay him a financial compensation of 2000
Euro.
THE DECISION
1 Handling of the complainant’s application
1.1 The complainant’s application to take part in selection procedure Manut 2000 was
rejected by the Commission. The complainant argues that his application and his career
profile met the requirements imposed by the Commission and that the latter did not handle
his case satisfactorily.
1.2 The Commission stated that it has come to the conclusion that the relevant provision
of the general conditions is unclear since it allows the interpretation that a work experience
in both required fields amounting to at least 3 years was sufficient. The Commission
regrets that this fact caused avoidable inconvenience for the complainant. With a view to
a friendly settlement of the case the Commission is prepared to offer the complainant a
payment of 2000 Euro. The complainant has accepted this offer.
1.3 It thus appears that the Commission has taken steps to settle the matter and has
thereby satisfied the complainant.