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Judgment No. 1175

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

"As the case law makes plain - for example, judgments 736 [...] and 1161 [...] - a decision not to confirm a probationer's appointment is a matter of discretion for the President. 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)

Jugement(s) TAOIT: 736, 1161

Keywords

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

Consideration 5

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 is suitable."

Keywords

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

Consideration 6

Extract:

"The organisation is free to set quotas for the output of patent examiners. The complainant has failed to offer any evidence to suggest that the quotas the organisation set for him were in any way unreasonable or that, even when he attained them, the evenness of his output was such as the organisation was entitled to expect of him. In the circumstances it is not proven that the decision not to confirm his appointment shows any [...] fatal flaws".

Keywords

evidence; reckoning; work appraisal; output; qualifications; unsatisfactory service; staff member's duties; discretion



 
Dernière mise à jour: 15.06.2020 ^ haut