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Judgment No. 188

Decision

THE COMPLAINT IS DISMISSED.

Consideration 1

Extract:

On the form she used to file her complaint, the complainant sought the quashing of a decision in respect of her performance report. In a memorandum, she sought the quashing of the decision refusing her a salary increment. "These two documents were filed at the same time and form a whole, in the sense that the claims set out in them are complementary." A decision is therefore required both on the performance report and the question of the salary increment.

Keywords

complaint; claim; receivability of the complaint; difference

Consideration 4

Extract:

The complainant maintains that she "suffered from the prejudice of one of her supervisors [...] The Appeals Board dismissed the charge of prejudice, however, and the Advisory Board recommended upholding the performance reports complained of. In these circumstances there are no grounds for holding that the Director-General's decision taken in the light of the reports in question was based on incorrect facts."

Keywords

work appraisal; performance report; rating; unsatisfactory service; supervisor; bias

Consideration 2

Extract:

"The Director-General's decision to maintain the complainant's performance reports and temporarily to withhold her salary increment lies within his discretion."

Keywords

increment withheld; work appraisal; rating; unsatisfactory service; judicial review; discretion



 
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