Judgment No. 1352

• Organization: European Patent Organisation (EPO)
• Date: 13.07.1994
• Original: English
• Judges: Fernando, Douglas, Carroll
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 11

Extract:

"The complainant chose not to make comments on [his probationary] report and in any case, instead of being dismissed, was given another two-and-a-half months in which he might have shown his mettle. The Tribunal concludes that in the circumstances he suffered no actual injury".

Keywords

lack of injury; report; probationary period; extension of contract; probation report; termination of employment

Consideration 12

Extract:

"In the case of dismissal of a probationer the employer is to be allowed the widest discretion and the decision will be quashed only if the mistake or the illegality is especially serious or glaring: see, for example, Judgment 687 [...], under 2."

Reference(s)

ILOAT Judgment(s): 687

Keywords

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

Consideration 15

Extract:

The complainant, who was dismissed at the end of probation, alleges that his supervisor's recommendation for extension of his probation was an abuse of authority "because it was not based on any adverse comment". The Tribunal holds that "he clearly thought that the complainant had not proved himself and required more time. His recommendation was no abuse of authority."

Keywords

lack of injury; probationary period; extension of contract; termination of employment; supervisor; misuse of authority; abuse of power