Judgment No. 140
THE COMPLAINT IS DISMISSED.
The complainant's services were terminated at the end of the probationary period. He alleges that the Director-General based his decision on information received directly or indirectly from his superior, whom he accuses of bias. "Consequently the question at issue is whether the Director-General misinterpreted the facts or drew false conclusions from them."
probationary period; termination of employment; supervisor; mistaken conclusion; bias
Under the applicable provision, "a staff member may be separated during or at the end of his probationary period if it is clear that after a fair trial he does not perform satisfactorily the duties of the post to which he is assigned. The decisions taken under this provision lie within the Director-General's discretion."
work appraisal; probationary period; termination of employment; discretion
"After the close of the written proceedings the complainant communicated to the Tribunal a statement [...] signed [by a third party]. In principle the Tribunal takes account of all documents produced before the opening of the session at which the relevant case is to be judged. In the case at issue, the Tribunal has no reason not to take the statement into consideration. At the most it might ask the complainant to certify its authenticity, but this is unnecessary since the document in question cannot affect the outcome of the proceedings."
receivability of the complaint; time limit; admissibility of evidence; appraisal of evidence; disclosure of evidence; closure of written proceedings