Judgment 192
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Provision is made under the Staff Rules "for termination of the appointment of a staff member who during his probationary period proves unsuitable for his post on medical grounds. Any decision taken under this provision lies within the Director-General's discretion, and can therefore be set aside by the tribunal only if [...]."
Keywords:
discretion; enforcement; health reasons; judicial review; medical fitness; probationary period; provision; staff regulations and rules; termination of employment; termination of employment for health reasons;
Consideration 2
Extract:
The complainant had been admitted to hospital suffering from a nervous breakdown. "The Director-General did not [...] exceed his discretion in failing to inquire into the working conditions prevailing at the complainant's place of employment. Whether or not the complainant's criticisms are justified, the fact remains that he reacted to the alleged difficulties in an abnormal manner which gave plausibility to the possibility of a relapse and appeared to justify his termination under" the applicable provision.
Keywords:
discretion; executive head; health reasons; inquiry; investigation; probationary period; project personnel; qualifications; refusal; termination of employment; termination of employment for health reasons; working conditions;
Judgment 169
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[B]ecause of its tone as well as its content the complainant's correspondence shows a mentality incompatible with the performance of the duties of an international official. In terminating his appointment the Director-General therefore neither misinterpreted the facts brought to his attention nor drew clearly mistaken conclusions." It is irrelevant that the complainant's services were described as satisfactory; "it is not his professional competence but his character which is at issue."
Keywords:
conduct; fitness for international civil service; probationary period; satisfactory service; termination of employment;
Consideration 2
Extract:
The period of probation "must be understood to mean not only the trial period prescribed by the contract of appointment but also any period by which the probation is expressly or tacitly extended".
Keywords:
extension of contract; period; probationary period;
Consideration 2
Extract:
"Informed of the uncertainty of his position, [the complainant] could not reasonably interpret the absence of a decision before the normal termination of the probation period to mean that the organization [...] implicitly agreed to keep him in its employment. On the contrary, he must have known that the Director-General would await the results of the investigation which had been ordered before reaching a decision, that is, that the probation period was tacitly extended for as long as a formal decision still remained to be taken."
Keywords:
extension of contract; inquiry; investigation; probationary period;
Consideration 1
Extract:
Under the applicable provision, "the Director-General is entitled to terminate at any time the appointment of an official serving a probationary period if in his opinion such action would be in the interests of the organization. Such a decision falls within his discretion".
Keywords:
discretion; judicial review; organisation's interest; probationary period; termination of employment;
Judgment 152
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on Termination
Extract:
"[E]ven disregarding [the Organization's] standards which for the purposes of evaluation can be taken into consideration only as one factor among others, [...] due allowance being made for the difficulty of the work and circumstances in which it was performed, [the complainant] did not produce the [...] output of translation which could be reasonably expected of him, and after being warned [...] did not improve his output. It is clear that unsatisfactory output is an important factor in unsatisfactory performance."
Keywords:
output; probationary period; qualifications; termination of employment; unsatisfactory service; work appraisal;
Consideration on Termination
Extract:
The complainant "was not informed of the Organization's intention to terminate his service nor invited to state his views. It is clear, however, that before the Appeals Committee the complainant was duly informed of the reasons for his termination and that he had an opportunity to discuss them. Accordingly, in the special circumstances of the case, he could not validly allege any violation of the right to a hearing."
Keywords:
grounds; probationary period; right to reply; termination of employment; unsatisfactory service;
Consideration
Extract:
The Director-General always has the right to extend the probationary period. In the present case, he "was in possession of material affording grounds for the provisional measure, namely the extension of the probationary period."
Keywords:
discretion; extension of contract; probationary period;
Consideration on Termination
Extract:
"The Tribunal is competent to review any decision of the Director-General to terminate the appointment of a staff member during or on the expiry of the probationary period if it is taken without authority, is in irregular form or tainted by procedural irregularities, or is taken on illegal grounds or based on incorrect facts, or if essential facts have not been taken into consideration or where there has been a misuse of authority, or if conclusions which are clearly false have been drawn from the documents in the dossier [...]."
Keywords:
judicial review; probationary period; termination of employment;
Consideration on Termination
Extract:
"The Tribunal is competent to review any decision of the Director-General to terminate the appointment of a staff member during or on the expiry of the probationary period [...] The Tribunal may not substitute its own judgment for that of the Director-General concerning the work or conduct of the person concerned or his qualifications for employment as an international officer."
Keywords:
discretion; judicial review; probationary period; qualifications; termination of employment; unsatisfactory service; work appraisal;
Consideration on the decision on probation
Extract:
A manual provision provides that staff members recruited by the Organization "after serving with the United Nations or another specialised agency may be exempted from serving a probationary period [...] This provision [...] does not confer any right on the person concerned, but merely gives the chief of the Personnel Department authority to waive the requirement if he is satisfied that it is appropriate to do so."
Keywords:
discretion; exception; probationary period;
Judgment 140
22nd Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's services were terminated at the end of the probationary period. He alleges that the Director-General based his decision on information received directly or indirectly from his superior, whom he accuses of bias. "Consequently the question at issue is whether the Director-General misinterpreted the facts or drew false conclusions from them."
Keywords:
bias; mistaken conclusion; probationary period; supervisor; termination of employment;
Consideration 2
Extract:
Under the applicable provision, "a staff member may be separated during or at the end of his probationary period if it is clear that after a fair trial he does not perform satisfactorily the duties of the post to which he is assigned. The decisions taken under this provision lie within the Director-General's discretion."
Keywords:
discretion; probationary period; termination of employment; 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 2
Extract:
"[T]he Tribunal is competent to review any decision of the Director-General terminating the appointment of an official during the probationary period, if it is taken without authority, is in irregular form or tainted by procedural irregularities, or if it is tainted by illegality or based on incorrect facts, or if essential facts have not been taken into consideration, or again, if conclusions which are clearly false have been drawn from the [evidence]."
Keywords:
judicial review; probationary period; termination of employment;
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;
Consideration 4
Extract:
"[T]he degree of success attained by the complainant in the competitions in which he took part is immaterial, his actual work during his probationary period being the only material factor." Failure to take account of the results of competitions is not a material fact in the matter at issue.
Keywords:
competition; probationary period; termination of employment; unsatisfactory service;
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;
Consideration 3
Extract:
"While the Tribunal is competent to review any decision of the Director-General terminating the appointment of an official during the probationary period [...], the Tribunal may not, however, substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his or her suitability for international service."
Keywords:
competence of tribunal; discretion; judicial review; probationary period; qualifications; termination of employment;
Judgment 88
15th Session, 1965
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The certificate issued to the complainant [...] deals with the nature and length of his service and with his abilities and conduct. It complies fully with the requirements of [the applicable provision] and does not need to be supplemented, particularly as the complainant himself has not requested any amendment of it although it has been in his hands for nearly three months."
Keywords:
certificate of service; formal requirements; probationary period; work appraisal;
Summary of facts
Extract:
"In its Judgment [No. 69] quashing the decision not to confirm the appointment of the complainant at the end of the probationary period on the grounds of failure to comply with the recognised procedure and infringement of the right to be heard, the Tribunal invited the organization to reopen the case, to enable the complainant to exercise his rights, and to consider whether he should be reinstated. At the same time it reserved the complainant's right to claim compensation whether or not he was reinstated." The complainant was not reinstated and he requests the Tribunal to fix compensation.
Reference(s)
ILOAT Judgment(s): 69
Keywords:
case sent back to organisation; material damages; probationary period; procedural flaw; refusal; reinstatement; right to reply; termination of employment;
Consideration 3
Extract:
"It is not inconceivable that an official might be so deeply affected by the termination of his appointment as to fall ill and to become incapacitated for work for a certain length of time. In the present case, however, the complainant could in any event have expected the termination of his appointment [at the end of the probationary period] and [...] failing quite exceptional circumstances, he had no grounds for maintaining that his dismissal led to the deterioration of his health and to incapacity for work after that date."
Reference(s)
ILOAT Judgment(s): 69
Keywords:
cause; illness; incapacity; injury; probationary period; termination of employment;
Judgment 84
14th Session, 1965
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The substantial claim which the Tribunal has to consider is a complaint that the compensation which the complainant has already received is inadequate [...]. The complainant has received in all by way of compensation a sum equal to nine months' salary. Taking into account the fact that the appointment was terminated when it was still in the probationary period, the Tribunal considers that this compensation would be adequate even on the assumption that the decision to terminate the complainant's appointment was wrongful."
Keywords:
amount; competence of tribunal; offer; organisation; probationary period; terminal entitlements; termination of employment;
Consideration 3
Extract:
The decision of the Director-General to terminate the contract upon expiry of the probationary period was based "upon his conclusion that the services of the complainant had ceased to be satisfactory. In arriving at this conclusion the Director-General was exercising his discretion. Therefore, while the Tribunal is competent to review this decision [...], the Tribunal cannot substitute its own opinion for that of the Director-General."
Keywords:
discretion; judicial review; probationary period; termination of employment; unsatisfactory service; work appraisal;
Judgment 69
12th Session, 1964
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The quashing of the decision impugned not being impossible or not seeming inappropriate, the Tribunal could not base itself on article VIII of its Statute in order to grant an indemnity to the complainant who, moreover, has not claimed any indemnity."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
probationary period; termination of employment;
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 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As defaulting on financial obligations and incurring debts beyond the debtor's capacity to repay [...] are incompatible with the standards of conduct required of an international civil servant and are likely to bring the organization and its officials into public disrepute [...]. The Director General's decision to terminate the complainant's probationary appointment [...] was in the circumstances of this case fully justified."
Keywords:
conduct; debt; organisation's reputation; probationary period; staff member's duties; termination of employment;
Judgment 42
8th Session, 1960
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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:
notice; probationary period; termination of employment;
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:
conduct; duty of discretion; fitness for international civil service; probationary period; staff member's duties; termination of employment;
Judgment 13
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General based his decision on the provision empowering him to dismiss at any time a probationer whose services are deemed unsatisfactory on condition that the reasons for the decision be given in writing. The internal appeals body believed that the provision on the interests of the organization afforded a further possible justification for the measure. The director confirmed the decision. "At that stage [...] a change of grounds would have vitiated the procedure".
Keywords:
amendment to the rules; discretion; duty to substantiate decision; enforcement; flaw; grounds; organisation's interest; probationary period; procedural flaw; staff regulations and rules; termination of employment; unsatisfactory service;
Considerations
Extract:
"The discretionary power of the Director-General in this matter cannot be exercised for reasons not clearly specified [...] He cannot invoke one reason for exercising his powers when in reality his action is based on another reason since this would constitute misuse of power likely to lead to rescission of the decision."
Keywords:
abuse of power; discretion; grounds; misuse of authority; probationary period; termination of employment;
Considerations
Extract:
"The Administrative Tribunal of the United Nations, in its Judgement No. 4, stated 'that, while it is not for the Tribunal to substitute its judgment for that of the Secretary-General with respect to the adequacy of the grounds for termination stated, it is for the Tribunal to ascertain that an affirmative finding of cause which constitutes reasonable grounds for termination has been made, and that due process has been accorded in arriving at such an affirmative finding'."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
ILOAT Judgment(s): 4
Keywords:
grounds; judicial review; probationary period; termination of employment;
On the substance
Extract:
The organization refused to disclose a document which directly concerned the complainant. "In consequence, it is the duty of the Tribunal to consider as established the fact that the decision [to dismiss the complainant] is not really based on the grounds of unsatisfactory service but on personal considerations extraneous to such grounds [...]. It therefore constitutes an act of misuse of power and must be rescinded."
Keywords:
abuse of power; bias; disclosure of evidence; grounds; misuse of authority; organisation; presumption; probationary period; refusal; termination of employment;
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;
Decision
Extract:
The Tribunal quashes the dismissal [irregularities in the probation report] and "orders the reinstatement of the complainant as a probationer official in the position she occupied at the moment that decision was taken, declares in law that the prolongation of the period of probation for six months decreed by the decision of the Director-General [...] must, in order to have full effect in accordance with the spirit and the letter of the Regulations, recommence and start to operate [...] at the latest" 30 days after the date of the judgment.
Keywords:
extension of contract; probationary period; reinstatement; termination of employment;
Judgment 8
2nd Session, 1951
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[T]he provisions of the Staff Regulations concerning the period of probation hav[ing] been observed, the Director-General decides on his exclusive authority the course to be taken with regard to a probationer official".
Keywords:
discretion; extension of contract; probationary period;
