Judgment No. 112
Decision
THE COMPLAINT IS DISMISSED.
Consideration 8
Extract:
Even if the complainant's illness had arisen from his employment, it "would still not be due to complainant's working conditions, i.e. a state of affairs for which the organization was responsible. On the contrary, it would be the result of measures taken in respect of complainant as a consequence of his own work which the Director-General was justified in considering unsatisfactory. In other words, it would be attributable to the failings of the complainant himself, and he alone would therefore have to bear the consequences of the damage to his health."
Keywords
termination of employment; illness; service-incurred; cause; condition; definition
Consideration 4
Extract:
The criticisms addressed to the complainant, "even if they were not frequent [...] were nonetheless such as to make him aware of the failings of which he is accused." The absence of warning prior to communication of the unfavourable report is not a material fact in the matter at issue.
Keywords
probationary period; probation report; termination of employment; unsatisfactory service; warning
Consideration 3
Extract:
It was the understanding of both sides that the reason for extending the probationary period was merely to allow the complainant to look for a new position. The organization agreed to the extension in the knowledge that the complainant's work was unsatisfactory and that he would not be able to change the unfavourable impression left by his first probationary year. Under these circumstances, continuation of the complainant's appointment cannot be regarded as an extension of the probationary period within the meaning of the regulations and the organization had no obligation to make the report.
Keywords
organisation's duties; probationary period; extension of contract; probation report; unsatisfactory service; omission; purpose
Consideration 4
Extract:
"[T]he degree of success attained by the complainant in the competitions in which he took part is immaterial, his actual work during his probationary period being the only material factor." Failure to take account of the results of competitions is not a material fact in the matter at issue.
Keywords
competition; probationary period; termination of employment; unsatisfactory service
Consideration 1
Extract:
"A plea to quash can be directed only against a decision, that is, against an act deciding a question in a specific case." A performance report embodies no decision capable of being rescinded. A complaint seeking such relief is not receivable.
Keywords
decision; receivability of the complaint; competence of tribunal; performance report; probation report; application for quashing; condition
Consideration 4
Extract:
"[I]f his superiors did not think it necessary to give [the complainant] any special training, this was because he had already had some 15 years' experience as a translator and reviser, so that he was assumed to know his job." Failure to provide training is not a material fact in the matter at issue.
Keywords
organisation's duties; training; disregard of essential fact; omission
Consideration 2
Extract:
"[T]he Tribunal is competent to review any decision of the Director-General terminating the appointment of an official during the probationary period, if it is taken without authority, is in irregular form or tainted by procedural irregularities, or if it is tainted by illegality or based on incorrect facts, or if essential facts have not been taken into consideration, or again, if conclusions which are clearly false have been drawn from the [evidence]."
Keywords
probationary period; termination of employment; judicial review
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