ON THE BASIS OF AN ORAL AGREEMENT THEREFORE DOES NOT PROVE THAT SHE WAS ACCEPTED ONLY ON A TRIAL BASIS .
FINALLY IN THE " MEMORANDUM TO THE DIRECTOR OF THE STAFF AND ADMINISTRATION DIVISION " OF 31 MAY 1955 WHICH CONSTITUTES THE DECISION OF THE ADMINISTRATIVE COMMITTEE TAKEN AS A RESULT OF THE APPLICANT'S COMPLAINT THROUGH OFFICIAL CHANNELS, THE COMMITTEE ITSELF DOES NOT MENTION THAT THE APPLICANT WAS ADMITTED ON A TRIAL BASIS BUT FINDS THAT HER ENTRY INTO THE SERVICE WAS AS A RESULT OF A PROPOSAL TO EMPLOY HER SUBJECT TO THE RESULTS OF A PROBATIONARY PERIOD PROVING SATISFACTORY . THERE WAS THUS AN ORAL PROPOSAL BY THE HIGH AUTHORITY TO THE APPLICANT TO APPOINT HER FOR A PROBATIONARY PERIOD AS AN INTERPRETER/TRANSLATOR AND BY HER ACTUAL AND IMMEDIATE ENTRY INTO SERVICE THE APPLICANT ACCEPTED THIS PROPOSAL OF EMPLOYMENT AND THUS AN ORAL CONTRACT OF EMPLOYMENT WAS CONCLUDED SUBJECT TO THE RESULTS OF A PROBATIONARY PERIOD PROVING SATISFACTORY .
THE COURT FINDS THAT IT FOLLOWS FROM THE ABOVE-MENTIONED FACTS THAT ON 9 DECEMBER 1952 THE LEGAL POSITION OF THE APPLICANT WAS THAT OF A PROBATIONER .
B . THE DECISION OF 8 JANUARY 1953
THE APPLICANT BASES HER ALTERNATIVE CLAIMS ON THE IRREGULARITIES WHICH, SHE ALLEGES, VITIATE THE STATEMENT OF THE REASONS ON WHICH THE DECISION OF 8 JANUARY 1953 WAS BASED, NAMELY : " YOUR ABILITY DOES NOT MEET THE REQUIREMENTS OF THE DEPARTMENT ".
THE IRREGULARITIES ALLEGED ARE ON THE ONE HAND IRREGULARITY IN THE CONDITIONS UNDER WHICH THE PROBATIONARY PERIOD TOOK PLACE AND ON THE OTHER HAND THE MISUSE OF POWERS, THE REAL REASON FOR HER DISMISSAL BEING THE REVISER'S DESIRE TO REPLACE HER BY A FRIEND .
THE TWO CLAIMS MUST BE CONSIDERED SEPARATELY .
( A ) THE CLAIM RELATING TO THE IRREGULARITY OF THE PROBATIONARY PERIOD
THE COURT CONSIDERS THAT IT IS FOR THE COMPETENT ADMINISTRATIVE AUTHORITY TO EVALUATE IN ITS DISCRETION THE CAPACITY OF THE CANDIDATES TO CARRY OUT GIVEN DUTIES . HOWEVER, IT IS FOR THE COURT WHERE APPROPRIATE TO REVIEW THE WAYS AND MEANS WHICH MAY HAVE LED TO THIS EVALUATION .
IN THE PRESENT CASE THE COURT MUST CONSIDER WHETHER THE APPLICANT HAS BEEN GIVEN THE OPPORTUNITY TO SHOW HER CAPACITY DURING THE PROBATIONARY PERIOD .
THE COURT FINDS THAT DURING THE MONTH SPENT BY THE APPLICANT IN THE TRANSLATION DEPARTMENT SHE WAS ENTRUSTED WITH ONLY THREE TRANSLATIONS, THE FIRST TWO OF WHICH CONTAINED ONLY TWO PAGES EACH AND THE THIRD OF WHICH, OF SEVEN PAGES, WAS DONE IN COLLABORATION WITH THE ITALIAN REVISER . FURTHER THE DOCUMENTS TO BE TRANSLATED IN THE OPINION OF BOTH PARTIES PRESENTED NO SERIOUS DIFFICULTY .
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THE DEFENDANT JUSTIFIES THE SMALL NUMBER OF TASKS REQUIRED OF THE APPLICANT DURING HER PROBATIONARY PERIOD EITHER BY THE LACK OF WORK IN THE DEPARTMENT OR THE OBVIOUS INCAPACITY OF THE APPLICANT FOR HER DUTIES, WHICH THE DEFENDANT SEEKS TO PROVE BY PRODUCING ONE OF THE THREE TRANSLATIONS MADE BY THE APPLICANT