Judgment No. 1153

• Organization: European Patent Organisation (EPO)
• Date: 29.01.1992
• Original: English
• Judges: Ducoux, Suffian, Ruda
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 9

Extract:

"As the case law makes plain - for example, Judgments 687 [...] and 736 [...] - a decision not to confirm a probationer's appointment is a matter of discretion [...] and the Tribunal will not substitute its own judgment for the organisation's in matters that require such exercise of discretion. [...] Although the Tribunal may review the lawfulness of the dismissal, the nature of the decision is such that its power of review is limited. It will set aside the decision only if there was a mistake of fact or law".

Reference(s)

ILOAT Judgment(s): 687, 736

Keywords

case law; probationary period; termination of employment; judicial review; discretion