Judgment No. 318
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
Under the applicable provision "and the general principles of international public service, the provisional nature of his position denies a probationer the safeguards enjoyed by an established official or by the holder of a fixed-term appointment or of one without limit of time [...]. The Director-General may dismiss him if satisfied that he does not have the right qualifications."
Keywords
international civil service principles; probationary period; termination of employment; discretion; safeguard
Considerations
Extract:
"The main grounds for the impugned decision are that the complainant, who would brook no challenge to his views, proved unable to obey his supervisor's instructions and adapt to the methods of the organization. It is clear from the dossier that those grounds are factually correct and are not tainted with any of the flaws [...] which would entitle the Tribunal to interfere."
Keywords
probationary period; termination of employment; insubordination; working relations; judicial review
Considerations
Extract:
"[S]ince the purpose of probation is to find out whether the probationer is suited for service and should have his appointment confirmed, the Director-General may dismiss him if satisfied that he does not have the right qualifications."
Keywords
probationary period; qualifications; termination of employment; unsatisfactory service; purpose
Considerations
Extract:
"The Tribunal is competent to review the lawfulness of any decision by the Director-General [...]. In particular it may determine whether that decision [is tainted by any of the flaws which entitle the Tribunal to interfere]. The Tribunal may not [...] replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service."
Keywords
work appraisal; qualifications; conduct; fitness for international civil service; judicial review; discretion
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