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Flaw (557, 558, 559,-666)

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Keywords: Flaw
Total judgments found: 241

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  • Judgment 10


    2nd Session, 1951
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, 2(c) & (d); Decision

    Extract:

    The probation report only covered a two-month period and "can in no way be regarded as showing an effective and reasonable appreciation of official duties spread over a six months' period of service - an appreciation to which the probationer official was entitled by the very fact of the corresponding prolongation of the probationary period which had been imposed upon her and which she had accepted; it is [...] this report tainted by irregularities which, undeniably, exercised a determining influence on the whole of the subsequent procedure, including the decision" to dismiss her. The Tribunal annuls the decision impugned and "orders the reinstatement of the Complainant as a probationer official in the position she occupied at the moment that decision was taken".

    Keywords:

    complaint allowed; decision quashed; flaw; period; probation; probation report; reinstatement; termination; unsatisfactory service;

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