HEARD . BOTH PARTIES WERE HEARD AT EVERY STAGE AND THE APPLICANT HAD THE OPPORTUNITY , BEFORE THE FINAL DECISION WAS TAKEN BY THE COMPETENT AUTHORITY , OF SUBMITTING HER POINT OF VIEW ON ALL THE CRITICISMS OF HER BEHAVIOUR DURING THE PROBATIONARY PERIOD .
20 THE COMPLAINT OF MISUSE OF PROCEDURE MUST THEREFORE ALSO BE REJECTED .
COMPLAINTS CONCERNING THE ASSESSMENT ON WHICH THE DECISION NOT TO ESTABLISH THE APPLICANT WAS BASED
21 IN THE VIEWS EXPRESSED BY THE APPLICANT DURING THE ADMINISTRATIVE PROCEDURE AND IN HER APPLICATION , SHE WAS AT PAINS TO REFUTE VARIOUS CRITICISMS MADE BY HER SUPERIORS REGARDING HER CONDUCT AND HER WORK DURING THE PROBATIONARY PERIOD . SHE CONTESTED IN PARTICULAR THE ACCUSATION THAT SHE DISPLAYED A LACK OF INTEREST IN HER DUTIES CLAIMING THAT THAT WAS A SUBJECTIVE ASSESSMENT AND ONLY THE ACTUAL PERFORMANCE OF THE DUTIES ENTRUSTED TO HER SHOULD BE TAKEN INTO ACCOUNT . SHE ALSO REGARDED AS UNJUSTIFIED THE COMPLAINT CONCERNING HER ABSENTEEISM , STRESSING , ON THE ONE HAND , THAT HER ABSENCES ON FAMILY OR HEALTH GROUNDS WERE DULY AUTHORIZED AND , ON THE OTHER , THAT IT WAS INHERENT IN THE NATURE OF HER DUTIES THEMSELVES , WHICH INVOLVED VARIOUS RESPONSIBILITIES , THAT SHE WAS FREQUENTLY ON THE MOVE WITHIN THE COURT BUILDING . FINALLY , SHE REGARDS AS UNJUSTIFIED THE COMPLAINT OF PHYSICAL UNSUITABILITY , SINCE WHEN SHE WAS RECRUITED , THE ADMINISTRATION WAS PERFECTLY AWARE OF THE NATURE OF THE DUTIES TO BE CARRIED OUT ; THE ADMINISTRATION WAS INFLUENCED IN ITS ACTION BY GROUNDS BASED ON DISCRIMINATION AGAINST WOMEN PERFORMING CERTAIN TYPES OF WORK .
22 IN ORDER TO DECIDE ON THOSE COMPLAINTS , IT IS NECESSARY TO SET OUT THE PRINCIPLES OF THE STAFF REGULATIONS IN RELATION TO RECRUITMENT AND THE PROBATIONARY PERIOD .
23 ARTICLE 27 OF THE STAFF REGULATIONS PROVIDES THAT ' ' RECRUITMENT SHALL BE DIRECTED TO SECURING FOR THE INSTITUTION THE SERVICES OF OFFICIALS OF THE HIGHEST STANDARD OF ABILITY , EFFICIENCY AND INTEGRITY . . . ' ' . THERE ARE TWO CONSECUTIVE PROCEDURES FOR ASCERTAINING WHETHER THOSE CONDITIONS ARE MET , NAMELY RECRUITMENT COMPETITIONS AND THE COMPLETION OF THE PROBATIONARY PERIOD BEFORE ESTABLISHMENT .
24 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 QUALITITIES AND CONDUCT OF THE PROBATIONARY OFFICIAL