Judgment No. 890
Decision
THE COMPLAINT IS DISMISSED.
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
injury; lack of injury; administrative delay; right to reply; probationary period; extension of contract; probation report; flaw; formal flaw; date
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
time limit; right to reply; probation report; date; purpose
Consideration 4
Extract:
The complainant contends that the decision not to confirm his appointment but to extend his probation is invalid because he received overdue notice thereof. The organisation points out that though the complainant was aware of the unfavourable report, he did not himself pursue the matter. "In law the organisation must show not just that the complainant failed to act but that it gave him timely notice of the decision or else that his evasiveness prevented it from doing so."
Keywords
decision; organisation; administrative delay; date of notification; evidence; burden of proof
Consideration 5
Extract:
"The Tribunal may review the lawfulness of a decision by the appointing authority to extend probation. But because of the nature of the decision the Tribunal will, short of finding a formal or procedural flaw - which it does not in this case - exercise only limited review. [In such matters] the competent authority [is] allowed wide discretion".
Keywords
competence of tribunal; probationary period; extension of contract; judicial review; discretion
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