Judgment No. 3844
The complaint is dismissed.
The complainant challenges the decision to terminate his appointment at the end of his probationary period for unsatisfactory performance and conduct.
probationary period; termination of employment; complaint dismissed
The Tribunal recalls that “[a]ccording to the case law [...], the Tribunal is competent to review the lawfulness of any decision by the Director-General to terminate a staff member’s probation. In particular, it may determine whether that decision is based on errors of fact or law, or whether essential facts have not been taken into consideration, or whether clearly mistaken conclusions have been drawn from the facts, or, lastly, whether there has been an abuse of authority. The Tribunal may not, however, replace with its own the executive head’s opinion of a staff member’s performance, conduct or fitness for international service (see Judgment 318, considerations). Other cases mention, as further grounds on which the Tribunal will review such decisions, a formal or procedural flaw, or lack of due process (see, for example, Judgments 13, 687, 736, 1017, 1161, 1175, 1183 and 1246) which, it has been noted, must be substantial to invalidate an end-of-probation termination decision.” (See Judgment 2427, consideration 2.)
Jugement(s) TAOIT: 13, 318, 687, 736, 1017, 1161, 1175, 1183, 1246, 2427
probationary period; discretion