Judgment No. 42
Decision
THE COMPLAINT IS DISMISSED.
Consideration 2
Extract:
"Whatever the attitude of the WHO authorities, the complainant had no right whatsoever to reveal to a person outside the organization facts that were of concern to the organization only."
Keywords
staff member's duties; conduct; duty of discretion
Consideration 3
Extract:
"Although it is not specifically provided for in [the material rule], it is permissible to terminate the appointment of a probationer official in the course of his period of probation with the result that he ceases to be entitled to his salary provided that one month's notice is given. If on the conclusion of the probationary period the appointment of a member of the staff [...] may be terminated with one to three months' notice [...] a probationer official cannot have more extensive rights."
Keywords
probationary period; termination of employment; notice
Consideration 2
Extract:
The complainant spoke ill of an official of the organization to national authorities. "The complainant's attitude was therefore such as to make [the organization] lose confidence in him. It was incompatible 'with the oath [...] which required him to act 'with the interests of the [organization] only in view' [...] to avoid any action which might adversely reflect on his status [...] and laid on him the obligation to show discretion [...]. In effect, the complainant's conduct was not satisfactory and he showed himself unsuited to international service." The termination of his appointment is warranted.
Keywords
probationary period; termination of employment; staff member's duties; conduct; duty of discretion; fitness for international civil service
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