Judgment No. 2007
1. THE IMPUGNED DECISION IS SET ASIDE.
2. THE FEDERATION SHALL PAY THE COMPLAINANT 40,000 SWISS FRANCS IN COMPENSATION FOR INJURY UNDER ALL HEADS.
3. IT SHALL PAY THE COMPLAINANT 4,000 FRANCS IN COSTS.
4. ALL OTHER CLAIMS ARE DISMISSED.
"Under the provisions [of the Staff Regulations], a contract may be terminated for unsatisfactory performance only after the employee has been served with a formal written warning allowing him or her three months to improve. That period which essentially aims at allowing the employee concerned enough time as may be constructively used to correct mistakes, make good shortcomings and improve both behaviour and working relations with other staff members must cover an effective period of three months during which the employee must be in a position to perform his or her duties correctly and to make full use of his or her abilities. The Tribunal considers that in this instance the complainant was not in such a position."
complaint allowed; complaint allowed in part; injury; evidence; duty to inform; work appraisal; period; qualifications; termination of employment; notice; unsatisfactory service; medical fitness; warning