Judgment No. 453
Decision
THE COMPLAINT IS DISMISSED.
Considerations 5-6
Extract:
In the opinion of the Tribunal there is enough evidence to show that the complainant was a man with whom it was difficult, and perhaps impossible, to work. Was there a reasonable likelihood that this defect might have been cured by remonstrance and warning ? The Director-General concluded that there was not. The Tribunal is not persuaded that the Director-General's conclusion that the complainant was unsuited for international service was clearly mistaken.
Keywords
probationary period; termination of employment; conduct; fitness for international civil service; working relations; judicial review
Considerations 1-2
Extract:
Merely to call attention to an official's difficulties does not show his unsuitability for international service. The organization alleged that the complainant was unsuitable for international service and justified terminating his appointment by virtue of the complainant's written complaints about his working conditions and home accommodation; the complainant's argument failed for other reasons concerning his personal behaviour.
Keywords
fitness for international civil service
Consideration 6
Extract:
"The grounds on which the organization supports the Director-General's decision [to terminate the complainant at the end of the probation period] are not in the opinion of the Tribunal above criticism." Some of the evidence is not in the complainant's favour but "it is not the duty of the Tribunal to form its own judgment and substitute it for that of the Director-General. It is therefore sufficient to say that the Tribunal is not persuaded that the Director-General's conclusion [...] was clearly mistaken."
Keywords
grounds; probationary period; termination of employment; judicial review
| 
