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Judgment No. 211

Decision

1. The decision of the Director-General dated 12 August 1971 is quashed.
2. The claim for reinstatement or alternatively compensation is dismissed.

Consideration 2

Extract:

"The complainant did not appeal in time against this decision and it has now become final."

Keywords

receivability of the complaint; internal remedies exhausted; time bar

Consideration 3

Extract:

The complainant seeks a new certificate consisting of accurate and unbiased assessments of his work and official conduct and taking account of his entire performance record. "The relief is granted only on the ground that the evaluation in the certificate is [...] not based on the entire record. The certificate will be quashed in order that the Director-General may, if the complainant so requests, issue a new certificate on the correct basis."

Keywords

complaint allowed; decision quashed; work appraisal; certificate of service; period; flaw

Consideration 3

Extract:

"The principle that the Tribunal will not interfere, except upon particular and limited grounds such as prejudice or incorrect appreciation of facts or formal or procedural irregularity, with decisions of the Director-General on matters that fall within his discretion applies with special force to the form and contents of such documents as appraisal reports and certificates of service."

Keywords

work appraisal; certificate of service; performance report; judicial review; discretion

Consideration 1

Extract:

"The complainant has failed to deliver a rejoinder within the time-limit allowed. The Tribunal will therefore consider the case on the dossier as it is."

Keywords

time limit; delay; rejoinder; closure of written proceedings

Consideration 3

Extract:

"In the preparation of such documents opinions will naturally differ about what aspects of the service should be stressed and what evaluations made; such differences must [...] be resolved by the Director-General whose responsibility it is to determine whether a certificate of service is in substance and language just and fair."

Keywords

formal requirements; work appraisal; certificate of service; different appraisals; discretion



 
Last updated: 03.03.2020 ^ top