Judgment No. 152
Decision
THE COMPLAINT IS DISMISSED.
Consideration on Termination
Extract:
"[E]ven disregarding [the Organization's] standards which for the purposes of evaluation can be taken into consideration only as one factor among others, [...] due allowance being made for the difficulty of the work and circumstances in which it was performed, [the complainant] did not produce the [...] output of translation which could be reasonably expected of him, and after being warned [...] did not improve his output. It is clear that unsatisfactory output is an important factor in unsatisfactory performance."
Keywords
work appraisal; output; probationary period; qualifications; termination of employment; unsatisfactory service
Consideration on Termination
Extract:
The complainant "was not informed of the Organization's intention to terminate his service nor invited to state his views. It is clear, however, that before the Appeals Committee the complainant was duly informed of the reasons for his termination and that he had an opportunity to discuss them. Accordingly, in the special circumstances of the case, he could not validly allege any violation of the right to a hearing."
Keywords
grounds; right to reply; probationary period; termination of employment; unsatisfactory service
Consideration
Extract:
The Director-General always has the right to extend the probationary period. In the present case, he "was in possession of material affording grounds for the provisional measure, namely the extension of the probationary period."
Keywords
probationary period; extension of contract; discretion
Consideration on Termination
Extract:
"The Tribunal is competent to review any decision of the Director-General to terminate the appointment of a staff member during or on the expiry of the probationary period if it is taken without authority, is in irregular form or tainted by procedural irregularities, or is taken on illegal grounds or based on incorrect facts, or if essential facts have not been taken into consideration or where there has been a misuse of authority, or if conclusions which are clearly false have been drawn from the documents in the dossier [...]."
Keywords
probationary period; termination of employment; judicial review
Consideration on Termination
Extract:
"The Tribunal is competent to review any decision of the Director-General to terminate the appointment of a staff member during or on the expiry of the probationary period [...] The Tribunal may not substitute its own judgment for that of the Director-General concerning the work or conduct of the person concerned or his qualifications for employment as an international officer."
Keywords
work appraisal; probationary period; qualifications; termination of employment; unsatisfactory service; judicial review; discretion
Consideration on the decision on probation
Extract:
A manual provision provides that staff members recruited by the Organization "after serving with the United Nations or another specialised agency may be exempted from serving a probationary period [...] This provision [...] does not confer any right on the person concerned, but merely gives the chief of the Personnel Department authority to waive the requirement if he is satisfied that it is appropriate to do so."
Keywords
exception; probationary period; discretion
| 
