Judgment No. 1352
THE COMPLAINT IS DISMISSED.
"The complainant chose not to make comments on [his probationary] report and in any case, instead of being dismissed, was given another two-and-a-half months in which he might have shown his mettle. The Tribunal concludes that in the circumstances he suffered no actual injury".
lack of injury; report; probationary period; extension of contract; probation report; termination of employment
"In the case of dismissal of a probationer the employer is to be allowed the widest discretion and the decision will be quashed only if the mistake or the illegality is especially serious or glaring: see, for example, Judgment 687 [...], under 2."
Jugement(s) TAOIT: 687
case law; probationary period; termination of employment; judicial review; discretion; limits; flaw
The complainant, who was dismissed at the end of probation, alleges that his supervisor's recommendation for extension of his probation was an abuse of authority "because it was not based on any adverse comment". The Tribunal holds that "he clearly thought that the complainant had not proved himself and required more time. His recommendation was no abuse of authority."
lack of injury; probationary period; extension of contract; termination of employment; supervisor; misuse of authority