Judgment No. 2018
1. THE IMPUGNED DECISION IS QUASHED, AND THE ORGANISATION IS ORDERED TO REINSTATE THE COMPLAINANT WITH FULL SALARY AND BENEFITS (INCLUDING ANY APPLICABLE INCREASES) TO THE END OF HIS FIXED-TERM APPOINTMENT.
2. THE ORGANISATION SHALL PAY THE COMPLAINANT'S COSTS IN THE AMOUNT OF 2,000 EUROS.
3. ALL OTHER CLAIMS ARE DISMISSED.
The complainant's appointment was not confirmed after a probationary period and his employment was terminated before the expiry of his fixed-term contract. "The Tribunal finds that the Staff Regulations, Rules and Administrative Directives in force at the time do not contain specific provisions for the non-confirmation of fixed-term appointments during or at the end of a probationary period. The provisions relating to the termination of fixed-term appointments without probationary periods therefore apply."
complaint allowed in part; applicable law; written rule; administrative instruction; staff regulations and rules; no provision; analogy; contract; probationary period; confirmation of appointment; fixed-term; termination; refusal
"Discussions between the complainant and his supervisors [...] with respect to relatively minor concerns do not constitute a warning so as to make the complainant aware of the risk of dismissal and the need for improvement."
complaint allowed in part; complainant; formal requirements; work appraisal; termination; unsatisfactory service; supervisor; warning
Considerations 14 and 15
The complainant attacks the decision not to confirm his appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract. "The Tribunal [...] notes that [...] the organisation's legal division advised the administration of the procedure to be followed in terminating the complainant's appointment. Specifically [...] the administration was advised of its obligation to set up a special advisory board to investigate the case and to report back to the Director-General. This advice, like the [...] findings of the Special Advisory Board, appear inexplicably to have been simply ignored by the Director-General. In the circumstances, the impugned decision [...] must be quashed."
procedure; complaint allowed in part; advisory body; decision quashed; organisation's duties; contract; probationary period; confirmation of appointment; fixed-term; termination; executive head; advisory opinion; refusal
The decision not to confirm the complainant's appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract is quashed. "The complainant is entitled to be reinstated in his post or in one of an equivalent grade with full salary and benefits (including any salary increases which he would have received if he had not been terminated) to the end of his fixed-term appointment."
complaint allowed in part; decision quashed; reconstruction of career; grade; contract; post held by complainant; post; probationary period; confirmation of appointment; reinstatement; fixed-term; salary; allowance; termination; condition; date; increase; refusal; right; same