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Judgment No. 84

Decision

THE COMPLAINT IS DISMISSED.

Consideration 1

Extract:

"The organization submits that the complaint is without cause and inadmissible on the ground that the complainant, having accepted the compensation fixed by the [internal appeals body] as an alternative to the offer of a [...] new post, cannot now contest the Director-General's decision to dismiss him. The Tribunal rejects this submission. There is nothing to show that the complainant accepted the compensation in full settlement of his claims and so he is not thereby precluded from contending that it is insufficient."

Keywords

waiver of right of appeal; terminal entitlements; termination of employment; acceptance

Consideration 3

Extract:

The decision of the Director-General to terminate the contract upon expiry of the probationary period was based "upon his conclusion that the services of the complainant had ceased to be satisfactory. In arriving at this conclusion the Director-General was exercising his discretion. Therefore, while the Tribunal is competent to review this decision [...], the Tribunal cannot substitute its own opinion for that of the Director-General."

Keywords

work appraisal; probationary period; termination of employment; unsatisfactory service; judicial review; discretion

Consideration 7

Extract:

"The substantial claim which the Tribunal has to consider is a complaint that the compensation which the complainant has already received is inadequate [...]. The complainant has received in all by way of compensation a sum equal to nine months' salary. Taking into account the fact that the appointment was terminated when it was still in the probationary period, the Tribunal considers that this compensation would be adequate even on the assumption that the decision to terminate the complainant's appointment was wrongful."

Keywords

organisation; competence of tribunal; amount; probationary period; offer; terminal entitlements; termination of employment



 
Last updated: 22.09.2017 ^ top