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Judgment No. 440

Decision

1. THE APPRAISAL REPORT SHALL BE REMOVED FROM THE FILES OF THE ORGANIZATION.
2. THE OTHER CLAIMS ARE DISMISSED.

Consideration 1

Extract:

Decisions taken within the exercise of a discretion may be set aside by the Tribunal only if the decision was taken without authority or if it violates a rule of form or of procedure, or was based on a mistake of fact or of law, or if essential facts were overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the facts. These considerations hold good for the review of all discretionary decisions.

Keywords

judicial review; discretion

Consideration 4

Extract:

The complainant was appointed on 25 June for two years; the first 12 months were probationary. On 20 June of the following year he was informed that his appointment would be terminated on 24 July. The complainant contends that there was no reason to extend the probation period just in order to respect the requirement of one month's notice. The plea fails: the measure in question was not in breach of any provision of the Staff Rules and it was to the complainant's advantage, who in any case was not bound to accept it.

Keywords

period; probationary period; extension of contract; termination of employment; notice

Consideration 4

Extract:

The complaint objects to the fact that he was not asked to comment on the appraisal report before being told of the decision to terminate his appointment. The irregularity is admitted by the organisation but was corrected in his appeal to the Director-General, which gave him every opportunity to make whatever comments he wished. The argument would succeed only if the Director-General's competence had been more limited than that of the author of the report. However, like the latter, the Director-General made an unfettered assessment of all factual and legal aspects of the case.

Keywords

internal appeal; right to reply; probation report

Consideration 7

Extract:

The appraisal report's bias can be inferred from the dossier as a whole. If the complainant's services in the organization could possibly be considered inexpedient, this should not be construed to mean that he is unfit for a career as an international official in some other organisation.

Keywords

work appraisal; performance report; probation report; fitness for international civil service; bias

Consideration 1

Extract:

The complainant was appointed for two years, with the first 12 months as a probationary period. at the end of this period, his contract was terminated in accordance with the statutory provisions which grant a wide measure of discretion to the bodies responsible for their application. The Tribunal's power of review is limited. In applying the criteria which govern its review, the Tribunal "will exercise special caution in reviewing a decision to dismiss a probationer. Otherwise probation would not serve its purpose as a trial period."

Keywords

probationary period; termination of employment; judicial review; discretion

Consideration 2

Extract:

"In accordance with a general principle, the findings in reports of this nature should not be disclosed and, unless they are necessary to judicial redress, the Tribunal abstains from ordering the production of them." At issue is the report of an internal inquiry into staff-management relations in connection with the termination of a probationer's contract.

Keywords

confidential evidence; disclosure of evidence; inquiry; investigation

Consideration 6

Extract:

The Director-General believed that there was sufficient evidence of the complainant's incompatibility. "If he had based this solely upon the complainant's inability to achieve an harmonious working relationship with his first-level supervisor [...] there is ample evidence in this respect the complainant would not have been exceptional. But there is other evidence of incompatibility. In a case in which the Director-General has personally and after the exercise of great care concluded that there is sufficient evidence to show that the complainant has "not satisfactorily adjusted to [...] service [in the organization]" it is virtually impossible for the Tribunal to interfere."

Keywords

fitness for international civil service; supervisor; working relations; judicial review



 
Dernière mise à jour: 04.09.2020 ^ haut