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Judgment No. 389



Consideration 4


"it is immaterial that when the [organization] appointed the complainant it was or ought to have been aware of his lack of proficiency in french. the fact that it put him on one year's probation shows that it did not regard itself as bound by any opinion it formed or may have formed at the time when it concluded the contract."


probationary period; qualifications; knowledge of languages; purpose

Consideration 5


"Since the complainant failed to come up to the [organization's] expectations during the probationary period, he had no right to ask for a transfer to another post." The refusal to assign him elsewhere was correct. Insofar as that decision was taken on the grounds of his unsatisfactory performance it is warranted for a reason of fact which the Tribunal will not question. "The [organization] was not bound to find alternative employment for a staff member whose appointment was correctly terminated during the probationary period."


organisation's duties; probationary period; termination of employment; unsatisfactory service

Consideration 3


On several occasions the complainant was criticised for his inability to carry out his duties [too academic, lack of practical sense, insufficient knowledge of language of communication]. His transfer was requested. "Since those criticisms were made by the complainant's immediate supervisors [...] they demanded attention. [...] It was open to the Director-General, without exceeding or abusing his discretionary authority, to conclude that it would not be in the [organization's] interests to continue to employ the complainant."


probationary period; qualifications; knowledge of languages; termination of employment; unsatisfactory service; discretion; organisation's interest

Last updated: 04.05.2020 ^ top