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Judgment No. 1418

Decision

THE COMPLAINT IS DISMISSED.

Consideration 6

Extract:

"According to the case law a decision not to renew a staff member's appointment is discretionary and will be set aside only if taken without authority or in breach of a rule of form or of procedure, or if based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority. Those criteria hold good for any discretionary decision, but in reviewing a decision not to confirm the appointment of a probationer the Tribunal will be particularly cautious; otherwise probation would fail to serve as a period of trial."

Keywords

case law; contract; probationary period; non-renewal of contract; judicial review; discretion; limits; purpose

Consideration 6

Extract:

"The purpose of probation is to ensure that new staff members are the best qualified. So an organisation must be allowed the widest measure of discretion in the matter and its decision will stand unless the defect is especially serious or glaring. Moreover, where the reason for refusal of confirmation is unsatisfactory performance the Tribunal will not replace the organisation's assessment with its own."

Keywords

probationary period; termination of employment; unsatisfactory service; judicial review; discretion; limits; purpose

Consideration 13

Extract:

"The Tribunal will not replace with its own assessment that of the complainant's supervisors, whose experience and technical knowledge better equip them to identify his shortcomings."

Keywords

work appraisal; unsatisfactory service; supervisor; judicial review; limits

Consideration 20

Extract:

"The Tribunal is satisfied on the evidence that the Union did not break the rules of due process. Indeed [the complainant] has had unfettered access to the channels for internal appeal under the Staff Regulations, since he put his case to the Joint Appeals Committee before coming to the Tribunal."

Keywords

internal appeals body; right of appeal; right to reply; judicial review

Consideration 20

Extract:

"The written submissions for which the Tribunal's Statute provides have afforded [the complainant] a further opportunity to gain particulars of the charges and to answer them in full in his rejoinder. The plea of breach of due process cannot be sustained."

Keywords

complaint; submissions; right to reply; due process; iloat statute



 
Dernière mise à jour: 03.11.2017 ^ haut