Judgment No. 4643

• Organization: European Patent Organisation (EPO)
• Date: 01.02.2023
• Original: French
• Judges: Frydman, Jaumotte, Gascon
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to terminate his contract during the probationary period and seeks adequate compensation for the injury he alleges he suffered.

Judgment keywords

Keywords

probationary period; complaint dismissed

Consideration 8

Extract:

In his written submissions, the complainant essentially invites the Tribunal to carry out a re-assessment and to replace the Organisation’s evaluation with its own. That is not the role of the Tribunal.

Keywords

performance evaluation

Consideration 11

Extract:

According to the case law of the Tribunal, in relation to damages and in particular to moral damages, the complainant bears the burden of proof (see Judgment 4156, consideration 5).

Reference(s)

ILOAT Judgment(s): 4156

Keywords

moral injury; burden of proof