Judgment No. 3766
1. The decision of 10 March 2014 is set aside.
2. The ITER Organization shall pay the complainant 12,000 euros in compensation for the injury suffered.
3. It shall also pay her 4,000 euros in costs.
4. All other claims are dismissed.
The complainant challenges the decision to terminate her contract during her extended probationary period.
complaint allowed; decision quashed; probationary period; termination of employment
[T]he Tribunal notes that although the complainant’s probationary period had been extended for a three-month period [...], that extension was suddenly curtailed [...], i.e. only 26 days after it had been put in place. Furthermore, it is clear that the abrupt termination of the complainant’s contract, which was decided on the same day that a stormy meeting took place between the complainant and her supervisor, was a consequence of that meeting. Even supposing that the termination was solely motivated by the complainant’s unsatisfactory performance, as the Organization maintains, and not by a desire to punish her behaviour, the Tribunal observes that it was plainly unlawful to terminate her contract before the end of the extension period that had just been granted to her without having first conducted a proper appraisal of her work. The decision [...] must therefore be set aside for this reason alone, without there being any need to examine the other pleas pertaining to it.