Judgment No. 3431

• Organization: European Patent Organisation (EPO)
• Date: 11.02.2015
• Original: Anglais
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant unsuccessfully challenges the implied rejection of his appeal against the decision to dismiss him at the end of his probationary period.

Judgment keywords

Keywords

probationary period; complaint dismissed

Consideration 1

Extract:

"[T]he complainant was dismissed because of unsatisfactory performance during the probationary period. A firm line of precedents of the Tribunal have established that such a decision is subject to only limited review. Accordingly, the Tribunal will not interfere with that decision unless it was made without authority, or in breach of a rule of procedure, or if it was based on a mistake of fact or of law, or overlooked some essential fact, or amounted to an abuse of authority, or if mistaken conclusions were drawn from the facts."

Keywords

probationary period

Consideration 2

Extract:

"The EPO had a duty to the complainant, during the probationary period, to act in good faith and to honour its duty of care towards him, as a probationer. In keeping with these requirements, the EPO provided clear work objectives for the complainant’s guidance from the initial stage of the probationary period."

Keywords

probationary period