Judgment No. 1881
1. The impugned decision is quashed.
2. The Organization shall pay the complainant his salary and benefits for the period from 1 August 1998 to 15 December 1998 less the amount of any occupational earnings during that period.
3. All his other claims are dismissed.
Considerations 20 and 21
"The organization argues that the supervisor's unflattering comments to the Reports Board concerning the complainant 'had nothing to do with the quality of his work during the period being reviewed by the Board'. Even if it were true, the submission is beside the point. Prejudicial comments made to a body advising the decision-maker by one of the parties to a dispute are often irrelevant to the actual substance of the dispute. They are nonetheless prejudicial. If such comments are made, an opportunity must be given to the other party to respond to them. By failing to do this the Reports Board breached its duty of fairness. The report of the Reports Board being vitiated, the decision of the Director-General which is based upon such report cannot stand and must be quashed."
complaint allowed; complaint allowed in part; injury; adversarial proceedings; equity; work appraisal; performance report; period; supervisor; flaw; procedural flaw; bias