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Judgment No. 1161

Decision

THE COMPLAINT IS DISMISSED.

Consideration 4

Extract:

"The purpose of probation is to find out whether a probationer has the mettle to make a satisfactory career in the Organisation. The competent authority will determine on the evidence before it, and possibly after extension of the probation as in the present case where doubt still lingers, whether to dismiss the official or to confirm the appointment. It must indeed be allowed the widest measure of discretion in determining whether someone it has recruited shows the highest level of qualifications required for a post in the particular field in which he is to be working."

Keywords

probationary period; extension of contract; qualifications; termination of employment; discretion

Consideration 4

Extract:

"As the case law makes plain - for example, Judgments 687 [...] and 736 [...] - a decision not to confirm a probationer's appointment is a matter of discretion for the [executive head] and the Tribunal will not substitute its own judgment for the organisation's in matters that require such exercise of discretion. Although the Tribunal may review the lawfulness of dismissal of a probationer, the nature of the decision is such that its power of review is limited. It will set aside the decision only if there was a mistake of fact or law, or a formal or procedural flaw, or if some essential fact was overlooked, or if a clearly mistaken conclusion was drawn from the evidence, or if there was abuse of authority."

Reference(s)

ILOAT Judgment(s): 687, 736

Keywords

case law; probationary period; termination of employment; judicial review; discretion; disregard of essential fact; flaw; formal flaw; procedural flaw; mistake of fact; mistaken conclusion; misuse of authority

Consideration 5

Extract:

"The Tribunal is satisfied that in this case the President of the Office made proper exercise of the wide discretion he enjoys under Article 13(2) [of the Service Regulations] to decline, on the grounds of poor performance, to confirm the complainant's appointment."

Reference(s)

Organization rules reference: ARTICLE 13(2) OF THE EPO SERVICE REGULATIONS

Keywords

staff regulations and rules; probationary period; termination of employment; unsatisfactory service; discretion

Consideration 10

Extract:

"The Organisation tried to find him a suitable post in another department. That it failed to do so is immaterial, however, since he had no right whatever to transfer under the Service Regulations."

Keywords

organisation's duties; staff regulations and rules; transfer; request for transfer; post; right



 
Last updated: 15.06.2020 ^ top