Judgment No. 2977

• Organization: European Patent Organisation (EPO)
• Date: 02.02.2011
• Original: English
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 4

Extract:

Non-confirmation of appointment at the end of probation for unsatisfactory performance.
"It is well settled that 'the widest measure of discretion' attends decisions as to the confirmation or otherwise of probationary appointments (see Judgment 1386, under 17). Such decisions are subject to review only on the grounds that 'there was a mistake of fact or law, or a formal or procedural flaw, or if some essential fact was overlooked, or if a clearly mistaken conclusion was drawn from the evidence, or if there was abuse of authority' (see Judgment 1175, under 5)."

Reference(s)

ILOAT Judgment(s): 1175, 1386

Keywords

performance report; probationary period; judicial review; discretion