Judgment No. 3431
The complaint is dismissed.
The complainant unsuccessfully challenges the implied rejection of his appeal against the decision to dismiss him at the end of his probationary period.
probationary period; complaint dismissed
"[T]he complainant was dismissed because of unsatisfactory performance during the probationary period. A firm line of precedents of the Tribunal have established that such a decision is subject to only limited review. Accordingly, the Tribunal will not interfere with that decision unless it was made without authority, or in breach of a rule of procedure, or if it was based on a mistake of fact or of law, or overlooked some essential fact, or amounted to an abuse of authority, or if mistaken conclusions were drawn from the facts."
"The EPO had a duty to the complainant, during the probationary period, to act in good faith and to honour its duty of care towards him, as a probationer. In keeping with these requirements, the EPO provided clear work objectives for the complainant’s guidance from the initial stage of the probationary period."