Judgment 2427
99th Session, 2005
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he vacancy notice stipulated: «Good knowledge of English or French; basic knowledge of the other language or an understanding to acquire it rapidly». The complainant denies that the importance of acquiring rapidly a basic knowledge of French was clearly explained to him, but his denial fails to take into account that even the vacancy notice was unambiguous in that regard. The Tribunal finds, from the evidence on file, that he was sufficiently warned, at the beginning of his probation period and later on, about the language requirements for his post. It is clear, and the complainant admits, that his knowledge of French did not improve enough to enable him to participate in meetings, right to the end of his probation period. That alone constitutes sufficient cause for his negative end-of-probation report. Such cause, and the resulting termination of his appointment, could not possibly have surprised him."
Keywords:
consequence; duty to inform; grounds; knowledge of languages; non-renewal of contract; organisation's duties; probation report; probationary period; staff member's duties; termination of employment; vacancy notice;
Judgment 1352
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainant chose not to make comments on [his probationary] report and in any case, instead of being dismissed, was given another two-and-a-half months in which he might have shown his mettle. The Tribunal concludes that in the circumstances he suffered no actual injury".
Keywords:
extension of contract; lack of injury; probation report; probationary period; report; termination of employment;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's appointment was terminated after probation. She objects to the administration's making out a supplementary probation report on her and extending - without so advising her - the period she was to spend on probation in breach of the Regulations. The pleas fail. "The probation report required by Article 36(2) [of the Staff Regulations] need not be a single document but may comprise several, even if they are made out at different dates." As to the length of her probation, it was the complainant herself who asked for the extension and it was not, in the circumstances, to her detriment.
Reference(s)
Organization rules reference: ARTICLE 36(2) OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
extension of contract; formal requirements; lack of injury; period; probation report; probationary period; termination of employment; unsatisfactory service;
Considerations 21-22
Extract:
The complainant submits that the custom in the European Communities is to transmit an interim report to the probationer in mid-probation. "The answer to that is that, being an independent organisation, Eurocontrol is not bound by the customs of any other, even one that has rules similar to its own. Besides, that an interim report may be useful does not make it compulsory."
Keywords:
applicable law; practice; probation report; rule of another organisation;
Judgment 890
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's appointment was confirmed only after an extension of his probation. Because he was not notified in time of the decision to extend the probationary period, the complainant seeks to have it set aside. "Where it finds a formal flaw, the Tribunal will determine whether it taints the essence of the decision. [...] Late communication therefore will not make the decision unlawful unless the probationer suffers injury. The complainant did not."
Keywords:
administrative delay; date; extension of contract; flaw; formal flaw; injury; lack of injury; probation report; probationary period; right to reply;
Consideration 3
Extract:
"The probationer [is] plainly entitled to be given a full explanation of the assessment of his work in sufficient time to enable him to make comments of his own before the President takes a decision."
Keywords:
date; probation report; purpose; right to reply; time limit;
Judgment 736
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The substantial claim is for wrongful dismissal. The complainant was dismissed under Article 13(2) of the Service Regulations as a consequence of two adverse probation reports. If the reports are correct and fair, they afford adequate grounds for the termination of his employment, which is a matter for the President's discretion."
Reference(s)
Organization rules reference: ARTICLE 13.2 OF THE EPO SERVICE REGULATIONS
Keywords:
discretion; judicial review; probation report; probationary period; termination of employment; unsatisfactory service;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complaint objects to the fact that he was not asked to comment on the appraisal report before being told of the decision to terminate his appointment. The irregularity is admitted by the organisation but was corrected in his appeal to the Director-General, which gave him every opportunity to make whatever comments he wished. The argument would succeed only if the Director-General's competence had been more limited than that of the author of the report. However, like the latter, the Director-General made an unfettered assessment of all factual and legal aspects of the case.
Keywords:
internal appeal; probation report; right to reply;
Consideration 7
Extract:
The appraisal report's bias can be inferred from the dossier as a whole. If the complainant's services in the organization could possibly be considered inexpedient, this should not be construed to mean that he is unfit for a career as an international official in some other organisation.
Keywords:
bias; fitness for international civil service; performance report; probation report; work appraisal;
Judgment 320
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"In reaching the decision that the complainant's performance was unsatisfactory, the Director-General and/or the officials whose conclusions he accepted, relied exclusively on the opinion of [the first level supervisor]. They disregarded the factors that made this opinion unreliable. [...] They disregarded the fact that the conditions under which the complainant was working were not in accordance with his post description." Lastly, they drew false conclusions from the first level supervisor's report. The decision of the Director-General must therefore be set aside.
Keywords:
mistaken conclusion; post description; probation report; probationary period; termination of employment; unsatisfactory service;
Considerations 12, 13 and 17
Extract:
The complainant was denied confirmation of his appointment for unsatisfactory service. The Regional Director had nothing to say on the matter. Had he examined the evidence, he would have observed that the performance appraisals were of questionable value. Neither the evaluations of the complainant's first level supervisor (which diverged inexplicably from earlier reports), nor those of the chief of department (which merely echoed the supervisor's views) afforded a basis for the decision. As a result the Director General's decision must be quashed.
Keywords:
different appraisals; flaw; probation report; probationary period; reinstatement; satisfactory service; termination of employment; unsatisfactory service; work appraisal;
Judgment 197
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Reports on each staff member must be made in the first place by his immediate supervisor, who is the best qualified to make an appraisal. This principle cannot be applied "in some units which, because of their nature, activities or the very form of their organization, a small number of officials are associated in a specific common task. It may be conducive to the efficiency of such units for the chief to report directly on all the staff members with whom he is in close and continuous collaboration in the exercise of their duties."
Keywords:
competence; probation report; probationary period; rating; supervisor; work appraisal;
Judgment 112
18th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
It was the understanding of both sides that the reason for extending the probationary period was merely to allow the complainant to look for a new position. The organization agreed to the extension in the knowledge that the complainant's work was unsatisfactory and that he would not be able to change the unfavourable impression left by his first probationary year. Under these circumstances, continuation of the complainant's appointment cannot be regarded as an extension of the probationary period within the meaning of the regulations and the organization had no obligation to make the report.
Keywords:
extension of contract; omission; organisation's duties; probation report; probationary period; purpose; unsatisfactory service;
Consideration 1
Extract:
"A plea to quash can be directed only against a decision, that is, against an act deciding a question in a specific case." A performance report embodies no decision capable of being rescinded. A complaint seeking such relief is not receivable.
Keywords:
application for quashing; competence of tribunal; condition; decision; performance report; probation report; receivability of the complaint;
Consideration 4
Extract:
The criticisms addressed to the complainant, "even if they were not frequent [...] were nonetheless such as to make him aware of the failings of which he is accused." The absence of warning prior to communication of the unfavourable report is not a material fact in the matter at issue.
Keywords:
probation report; probationary period; termination of employment; unsatisfactory service; warning;
Judgment 109
17th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision impugned was taken on the basis, in particular, of the reports of her two [...] chiefs; these reports deal with specific points which are not invalidated by any of the evidence in the dossier. From these facts as a whole the [...] Director [...] could conclude that complainant's service was unsatisfactory, without exceeding his discretion. However, his decision was taken only after he had personally heard [the complainant], who was given the opportunity of fully defending her views."
Keywords:
discretion; probation report; probationary period; right to reply; termination of employment; unsatisfactory service;
Judgment 69
12th Session, 1964
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The right to be heard was doubly ignored. The Regional Director terminated the appointment of the complainant without submitting to him a period evaluation report or affording him the opportunity of justifying himself. In the appeals proceedings, reports were produced the existence of which the complainant only became aware during the proceedings before the Tribunal and with regard to which he accordingly had not opportunity to state his case in time. The decision to terminate the appointment is quashed.
Keywords:
disclosure of evidence; flaw; probation report; procedural flaw; right to reply;
Consideration 2
Extract:
"By virtue of this right, before a decision to his detriment is taken, every official should have the opportunity of acquainting himself with the elements taken as the basis for this decision and of explaining himself with regard to them. It follows, in particular, that he cannot be the subject of a termination decision as long as he has not received the evaluation reports concerning him and has not been allowed the opportunity to dispute their contents. The principle stated, which applies even in the absence of express texts, is, moreover, embodied in the provisions of [the Staff Rules]."
Keywords:
consequence; flaw; performance report; probation report; probationary period; right to reply; termination of employment; work appraisal;
Judgment 10
2nd Session, 1951
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7, 2(c) & (d); Decision
Extract:
The probation report only covered a two-month period and "can in no way be regarded as showing an effective and reasonable appreciation of official duties spread over a six months' period of service - an appreciation to which the probationer official was entitled by the very fact of the corresponding prolongation of the probationary period which had been imposed upon her and which she had accepted; it is [...] this report tainted by irregularities which, undeniably, exercised a determining influence on the whole of the subsequent procedure, including the decision" to dismiss her. The Tribunal annuls the decision impugned and "orders the reinstatement of the Complainant as a probationer official in the position she occupied at the moment that decision was taken".
Keywords:
flaw; period; probation report; probationary period; reinstatement; termination of employment; unsatisfactory service;
Consideration 6
Extract:
"The whole procedure instituted preparatory to a decision being taken by the Director-General, and, in particular, the time limit of three months for the submission of the report [on work and official conduct] has been prescribed in the obvious interest of the probationer official, in order to enable him to avail himself in full safety and in good time of the means of defence and of appeal which may be open to him prior to the sovereign decision of the superior authority being taken."
Keywords:
internal appeal; probation report; probationary period; procedure before the tribunal; right to reply; staff member's interest;
