Judgment No. 987
Decision
1. THE FAO SHALL PAY THE COMPLAINANT 50,000 FRENCH FRANCS IN DAMAGES AND INTEREST THEREON AT THE RATE OF 10 PER CENT A YEAR FROM 16 APRIL 1987 UP TO THE DATE OF PAYMENT.
2. IT SHALL PAY HIM 4,000 FRENCH FRANCS IN COSTS.
3. HIS OTHER CLAIMS ARE DISMISSED.
Consideration 2
Extract:
"The reason given for terminating the complainant's appointment [before the expiry of the probation period] was his unsatisfactory performance and termination on such grounds may be deemed to be action in the organization's interests. The Director-General having wide discretion in the matter, the Tribunal will quash the decision only if it was taken without authority, [etc]".
Keywords
probationary period; termination of employment; unsatisfactory service; judicial review; discretion; organisation's interest
Consideraton 5
Extract:
"In support of its contention that there was no breach of his right to a hearing, the FAO cites earlier facts which it submits show that the complainant knew full well that his position was, to say the least, uncertain. Though there are no special rules on the subject and the procedure will depend on the circumstances of each case, the organization has a duty to show that the staff member cannot reasonably have failed to realise he was under threat of termination."
Keywords
organisation; formal requirements; evidence; burden of proof; right to reply; duty to inform; probationary period; termination of employment
Consideration 3
Extract:
"The right to a hearing, which is a general principle of law, means that the organization may not terminate a staff member unless it has already informed him of its intention and of the grounds for termination. Such information must be given before the notification of the termination and not at the same time".
Keywords
right to reply; duty to inform; probationary period; termination of employment; flaw; date
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