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ON THE SUBSTANCE OF THE CASE
IRREGULARITY OF THE DECISION OF DISMISSAL
1 . THE DEFENDANT MAINTAINS THAT THE DECISION OF DISMISSAL WAS TAKEN AT THE END OF THE APPLICANT'S PROBATIONARY PERIOD . CONSEQUENTLY, THE FIRST QUESTION IS WHETHER THE DISPUTED CONTRACT REQUIRED THE SAID PROBATIONARY PERIOD TO BE SERVED .
THE LETTER OF APPOINTMENT MAKES NO MENTION OF THE EXISTENCE OF A PROBATIONARY PERIOD; IN THE PRESENT CASE THE SERVING OF PROBATION SEEMS DEVOID OF ALL POINT, SINCE THE DISPUTED CONTRACT WAS OF UNLIMITED DURATION AND TERMINABLE ON A MONTH'S NOTICE BY EITHER SIDE; IT WAS THEREFORE LAWFUL FOR THE ADMINISTRATION TO TERMINATE THE APPLICANT'S EMPLOYMENT EVEN IN THE FIRST MONTH, IF IT CONSIDERED THAT SHE WAS NOT FULFILLING THE REQUIREMENTS OF HER EMPLOYMENT .
NEVERTHELESS, THE DEFENDANT ALLEGES THAT THE COMPLETION OF A PERIOD OF PROBATION WAS, IN THE PRESENT CASE, IN CONFORMITY WITH THE PRACTICE IN FORCE AT THE EUROPEAN PARLIAMENTARY ASSEMBLY . THE APPLICANT DOES NOT CONTRADICT THE DEFENDANT ON THIS POINT; NOR DOES SHE DENY HAVING RECEIVED, AT THE SAME TIME AS HER LETTER OF APPOINTMENT, DOCUMENT APE 926 RELATING TO THE REFUND OF REMOVAL EXPENSES AND THE INSTALLATION ALLOWANCE AND PROVIDING THAT THESE BENEFITS COULD BE ACCORDED TO SERVANTS 'OF AT LEAST TWO MONTHS' STANDING UNDER A LETTER OF EMPLOYMENT OF THE BRUSSELS TYPE, AND WHOSE PROBATION REPORT WAS FAVOURABLE '.
SHE DOES NOT CONTEST EITHER THAT SHE RECEIVED COMMUNICATION 59/13 DATED 12 MARCH 1959, POINTING OUT THE NECESSITY OF A FAVOURABLE PROBATION REPORT IN ORDER TO BE ABLE TO CLAIM THE INSTALLATION ALLOWANCE .
IN THESE CIRCUMSTANCES, THERE ARE GROUNDS FOR CONCLUDING THAT THE EXISTENCE OF A PROBATIONARY PERIOD IN THE CONTRACTUAL RELATIONSHIP BETWEEN THE APPLICANT AND THE EUROPEAN PARLIAMENTARY ASSEMBLY APPEARS WELL ESTABLISHED .
THE DEFENDANT, IN REPLY TO QUESTION N . 2 PUT BY THE COURT BEFORE THE OPENING OF THE ORAL PROCEDURE, ASSERTS THAT THE LENGTH OF SUCH A PROBATIONARY PERIOD WAS 'NORMALLY' TWO MONTHS WITHOUT GOING SO FAR AS TO STATE THE LENGTH OF THE PROBATIONARY PERIOD WHICH THE APPLICANT WAS IN FACT OBLIGED TO SERVE .
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NEVERTHELESS, SINCE THE APPLICANT WAS ENGAGED BY LETTER DATED 11 MARCH 1959 AND WAS DISMISSED BY LETTER DATED 3 JULY 1959, IT FOLLOWS THAT THE DEFENDANT BROUGHT THE PROBATIONARY PERIOD TO AN END THREE MONTHS AFTER THE DATE OF THE LETTER OF EMPLOYMENT, TAKING INTO ACCOUNT TWO PERIODS OF SICK LEAVE OF A TOTAL LENGTH OF TWENTY - TWO DAYS .
THE APPLICANT ALLEGES IN HER APPLICATION FOR LEGAL AID THAT THE CONTRACT WAS NOT TERMINATED BEFORE 11 JUNE 1959 - THE END OF THE PROBATIONARY PERIOD : SHE RECOGNIZES, THEREFORE, THAT HER PERIOD OF PROBATION WAS TO END THREE MONTHS AFTER THE DATE OF HER APPOINTMENT .
EVEN THOUGH THE APPLICANT DOES NOT TAKE INTO ACCOUNT HER TWO PERIODS OF SICK LEAVE MENTIONED ABOVE, SHE DOES NOT, AT ALL EVENTS, DENY HAVING HAD THEM .
CONSEQUENTLY, THERE ARE GROUNDS FOR ADMITTING THAT IN THE PRESENT CASE THE