Keywords

Summary



Keywords

1 . OFFICIALS - RECRUITMENT - PROBATIONARY PERIOD - PROBATION REPORT - DRAWN UP LATE - NOT FACTOR ADVERSELY AFFECTING THE PROBATIONARY OFFICIAL - CONDITIONS

( STAFF REGULATIONS , ART . 34 ( 2 ))

2.OFFICIALS - RECRUITMENT - PROBATIONARY PERIOD - DECISION NOT TO ESTABLISH A PROBATIONARY OFFICIAL - DECISION ADOPTED ON THE BASIS OF A PROBATION REPORT AS SUPPLEMENTED BY OBSERVATIONS MADE SUBSEQUENT TO THE PROBATIONARY OFFICIAL ' S COMPLAINT - NOT FACTOR ADVERSELY AFFECTING THE PROBATIONARY OFFICIAL - CONDITION - HEARING OF VIEWS OF THE PROBATIONARY OFFICIAL AT EVERY STAGE OF THE PROCEDURE

( STAFF REGULATIONS , ART . 34 )

3.OFFICIALS - RECRUITMENT - COMPETITIONS - PROBATIONARY PERIOD - RESPECTIVE PURPOSES

( STAFF REGULATIONS , ARTS 29 AND 34 )

4.OFFICIALS - RECRUITMENT - PROBATIONARY PERIOD - DECISION NOT TO ESTABLISH A PROBATIONARY OFFICIAL - DECISION TO DISMISS AN ESTABLISHED OFFICIAL - DIFFERENT LEGAL NATURE - RESPECTIVE CRITERIA

( STAFF REGULATIONS , ART . 34 ( 2 ))

Summary

1 . THE AIM OF ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS , WHICH PROVIDES THAT NOT LESS THAN ONE MONTH BEFORE THE EXPIRY OF THE PROBATIONARY PERIOD , A REPORT IS TO BE MADE ON THE PROBATIONARY OFFICIAL , IS TO ENSURE THAT THE DECISION WHETHER OR NOT TO ESTABLISH HIM CAN BE MADE BEFORE THE EXPIRY OF THE PROBATIONARY PERIOD .

DELAY IN DRAWING UP THE PROBATIONARY REPORT IS NOT SUCH AS TO AFFECT ADVERSELY A PROBATIONARY OFFICIAL WHERE THE DECISION THAT HE SHOULD NOT BE ESTABLISHED WAS TAKEN AFTER THE EXPIRY OF THE PROBATIONARY PERIOD IF HE REMAINS IN HIS POST AND IS PAID DURING THAT PERIOD .

2.THE FACT THAT FOLLOWING A COMPLAINT BY THE PROBATIONARY OFFICIAL AGAINST THE DECISION NOT TO ESTABLISH HIM AT THE END OF HIS PROBATIONARY PERIOD THE PROBATION REPORT WAS SUPPLEMENTED BY FURTHER COMMENTS MADE BY HIS SUPERIORS TO THE APPOINTING AUTHORITY IS NOT SUCH AS TO AFFECT ADVERSELY THE PROBATIONARY OFFICIAL WHERE HIS RIGHT TO A HEARING WAS RESPECTED AT EVERY STAGE OF THE PROCEDURE AND HE HAD THE OPPORTUNITY , BEFORE THE FINAL DECISION WAS TAKEN BY THE COMPETENT AUTHORITY , TO SUBMIT HIS POINT OF VIEW ON ALL THE CRITICISMS OF HIS BEHAVIOUR DURING THE PROBATIONARY PERIOD .

3.WHILST THE RECRUITMENT COMPETITIONS ARE DESIGNED TO PERMIT THE SELECTION OF CANDIDATES ON THE BASIS OF GENERAL CRITERIA DIRECTED TO THE CANDIDATE ' S FUTURE SUITABILITY , THE PURPOSE OF THE PROBATIONARY PERIOD IS TO ENABLE THE ADMINISTRATION TO MAKE A MORE CONCRETE ASSESSMENT OF THE CANDIDATE ' S SUITABILITY FOR A PARTICULAR POST , THE MANNER IN WHICH HE PERFORMS HIS DUTIES AND HIS EFFICIENCY IN THE SERVICE . AT THE END OF THE PROBATIONARY PERIOD , THE ADMINISTRATION MUST BE IN A POSITION TO DETERMINE , WITHOUT BEING BOUND BY THE ASSESSMENTS MADE AT THE TIME OF RECRUITMENT , WHETHER THE PROBATIONARY OFFICIAL DESERVES TO BE ESTABLISHED IN THE POST TO WHICH HE ASPIRES . THAT DECISION INVOLVES A COMPREHENSIVE ASSESSMENT OF THE QUALITIES AND CONDUCT OF THE PROBATIONARY OFFICIAL , TAKING ACCOUNT OF BOTH THE POSITIVE AND THE NEGATIVE FACTORS REVEALED IN THE COURSE OF THE PROBATIONARY PERIOD .

4.THERE IS A FUNDAMENTAL DIFFERENCE BETWEEN A DECISION NOT TO ESTABLISH A PROBATIONARY OFFICIAL AND DISMISSAL IN THE STRICT SENSE OF A PERSON WHO HAD BEEN APPOINTED AN ESTABLISHED OFFICIAL . WHILST IN THE LATTER CASE THE GROUNDS JUSTIFYING THE TERMINATION OF THE EMPLOYMENT OF AN ESTABLISHED OFFICIAL MUST BE EXAMINED IN DETAIL , IN DECISIONS ON THE ESTABLISHMENT OF PROBATIONARY OFFICIALS , IT IS NECESSARY TO EXAMINE WHETHER OR NOT THERE ARE A NUMBER OF POSITIVE CONSIDERATIONS SHOWING THAT ESTABLISHMENT OF THE PROBATIONARY OFFICIAL IS IN THE INTERESTS OF THE SERVICE .