Judgment No. 226
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
"A staff member on probation may ordinarily expect to receive an appointment of indeterminate duration at the end of the probation period [...] A decision taken by the Director-General, either during or at the end of the probation period, not to confirm the staff member's appointment is one which falls within his discretion."
Reference(s)
Jugement(s) TAOIT: 194
Keywords
probationary period; discretion
Considerations
Extract:
After the period of probation, the complainant was dismissed. "As to the claim for compensation, on which judgment was reserved in Judgment No. 194, the Tribunal considers that the sum [...] offered by the Director-General in his letter [...] is sufficient and therefore decides to award that sum to the complainant."
Reference(s)
Jugement(s) TAOIT: 194
Keywords
organisation; tribunal; amount; probationary period; offer; terminal entitlements; termination of employment; acceptance
Considerations
Extract:
"Although the dossier as supplemented by the report on the inquiry reveals obvious animosity towards the complainant on the part of her immediate supervisor and the criticisms of her appear fairly mild, especially since she was a beginner, and cast no doubt whatever on her professional competence, it does not appear from the dossier that the impugned decision with regard to a probationer was tainted with any of the irregularities which entitle the Tribunal to interfere."
Reference(s)
Jugement(s) TAOIT: 194
Keywords
satisfactory service; probationary period; supervisor; judicial review; flaw; bias
Considerations
Extract:
"In complaints against a decision of the Director-General to terminate a staff member's probation or not to confirm his appointment, the Administrative Tribunal may interfere with that decision only if it was taken without authority [...]."
Reference(s)
Jugement(s) TAOIT: 194
Keywords
probationary period; termination of employment; judicial review; discretion; refusal
Considerations
Extract:
By Judgment No. 194, the Administrative Tribunal quashed as being based on insufficient grounds the decision not to confirm the complainant's appointment. In execution of that judgment an ad hoc committee was set up to examine the case. In the light of the very full report of that committee, "the Director-General took a considered decision in full knowledge of the facts. The organization has thus corrected the procedural irregularity which led to the quashing of the decision".
Reference(s)
Jugement(s) TAOIT: 194
Keywords
confirmatory decision; duty to substantiate decision; judgment of the tribunal; case sent back to organisation; execution of judgment; probationary period; termination of employment; flaw; formal flaw
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