Judgment No. 1741
Decision
1. The decision of 15 November 1996 is set aside.
2. The FAO shall pay the complainant 40,000 United States dollars in damages.
3. It shall pay him 20,000 French francs in costs.
Considerations 15-16
Extract:
"Whatever his rank was in the programme the complainant was entitled to appraisal that was in keeping with the written rules or at least so far observed due process as to afford him the opportunity of adding any timely comments of his own for entry in his personal file. [...] [T]he conclusion is that for want of any properly made appraisal there is no objective and reliable means of reviewing the grounds for non-renewal. The impugned decision cannot stand."
Keywords
decision; grounds; due process; organisation's duties; grade; work appraisal; performance report; procedural flaw
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