Judgment No. 10
Decision
The Administrative Tribunal,
Rejecting all broader or contrary claims,
Annuls the decision impugned,
Orders the reinstatement of the Complainant as a probationer official in the position she occupied at the moment that decision was taken,
Declares in law that the prolongation of the period of probation for six months decreed by the decision of the Director-General on 30 March 1950 must, in order to have full effect in accordance with the spirit and the letter of the Regulations, recommence and start to operate on 5 May 1951 at the latest,
Orders the International Labour Office to pay all the expenses which may be justified with regard to any costs incurred in the procedure before the Administrative Tribunal.
Consideration 7, 2(c) & (d); Decision
Extract:
The probation report only covered a two-month period and "can in no way be regarded as showing an effective and reasonable appreciation of official duties spread over a six months' period of service - an appreciation to which the probationer official was entitled by the very fact of the corresponding prolongation of the probationary period which had been imposed upon her and which she had accepted; it is [...] this report tainted by irregularities which, undeniably, exercised a determining influence on the whole of the subsequent procedure, including the decision" to dismiss her. The Tribunal annuls the decision impugned and "orders the reinstatement of the Complainant as a probationer official in the position she occupied at the moment that decision was taken".
Keywords
period; probationary period; probation report; reinstatement; termination of employment; unsatisfactory service; flaw
Consideration 6
Extract:
"The whole procedure instituted preparatory to a decision being taken by the Director-General, and, in particular, the time limit of three months for the submission of the report [on work and official conduct] has been prescribed in the obvious interest of the probationer official, in order to enable him to avail himself in full safety and in good time of the means of defence and of appeal which may be open to him prior to the sovereign decision of the superior authority being taken."
Keywords
procedure before the tribunal; internal appeal; right to reply; staff member's interest; probationary period; probation report
Decision
Extract:
The Tribunal quashes the dismissal [irregularities in the probation report] and "orders the reinstatement of the complainant as a probationer official in the position she occupied at the moment that decision was taken, declares in law that the prolongation of the period of probation for six months decreed by the decision of the Director-General [...] must, in order to have full effect in accordance with the spirit and the letter of the Regulations, recommence and start to operate [...] at the latest" 30 days after the date of the judgment.
Keywords
probationary period; extension of contract; reinstatement; termination of employment
| 
