Judgment No. 2917
1. The Secretary-General's decision of 5 February 2008 is set aside and the performance appraisal report of 10 July 2007 shall be removed from the complainant's personal file.
2. The ITU shall pay the complainant moral damages in the amount of 10,000 Swiss francs.
3. It shall also pay him costs in the amount of 5,000 francs.
"By twice giving the complainant a rating [- rating 0 -] that is not envisaged in the [relevant texts], the supervisor breached the rules applicable to the process of assessing a staff member's performance. Furthermore, this kind of rating is likely to leave the staff member concerned feeling that his competencies or performance in the areas assessed are so substandard that they do not even merit an assessment on the part of his supervisor. Such conduct may be expected to foster in the staff member a deep sense of personal inadequacy. As such a rating has no basis in law and is contrary to the rules of conduct applicable to the personal relations between international organisations and their staff, it cannot be upheld."
complaint allowed; organisation's duties; staff regulations and rules; work appraisal; performance report; rating
"The signing of a document with such important implications for the future career of a staff member is not a mere formality, and insistence on absolute compliance with this rule cannot be dismissed as an unduly formalistic approach. The provision requiring that the appraisal form be signed not only by the direct supervisor of the staff member concerned but also by other persons [...] is designed to guarantee oversight, at least prima facie, of the objectivity of the report. The purpose of such a rule is to ensure that responsibilities are shared and that the staff member who is being appraised is shielded from a biased assessment by a supervisor, who should not be the only person issuing an opinion on the staff member's skills and performance."
complaint allowed; formal requirements; organisation's duties; staff regulations and rules; work appraisal; performance report; formal flaw; bias; safeguard