Judgment No. 192
The complaint is dismissed.
Provision is made under the Staff Rules "for termination of the appointment of a staff member who during his probationary period proves unsuitable for his post on medical grounds. Any decision taken under this provision lies within the Director-General's discretion, and can therefore be set aside by the tribunal only if [...]."
staff regulations and rules; enforcement; provision; probationary period; termination of employment; health reasons; medical fitness; judicial review; discretion
The complainant had been admitted to hospital suffering from a nervous breakdown. "The Director-General did not [...] exceed his discretion in failing to inquire into the working conditions prevailing at the complainant's place of employment. Whether or not the complainant's criticisms are justified, the fact remains that he reacted to the alleged difficulties in an abnormal manner which gave plausibility to the possibility of a relapse and appeared to justify his termination under" the applicable provision.
project personnel; inquiry; probationary period; qualifications; termination of employment; working conditions; health reasons; discretion; executive head; refusal; investigation