Judgment No. 109

• Organization: World Health Organization (WHO)
• Date: 09.05.1967
• Original: French
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

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

right to reply; probationary period; probation report; termination of employment; unsatisfactory service; discretion

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; probationary period; qualifications; termination of employment; judicial review; discretion