Judgment No. 283
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
"[A]ll the material documents and decisions were notified to the complainant. He was also given an opportunity to make any comments he thought relevant on those documents and decisions. He cannot therefore properly maintain that his right to a hearing was denied."
Keywords
right to reply; condition
Considerations
Extract:
"[T]he Tribunal must determine whether the performance report given to the complainant was in all respects properly established, but it may not substitute its own opinion for that of the administration on the quality of the staff member's performance nor exercise any power of review over the administration's assessment."
Keywords
work appraisal; rating; judicial review; discretion
Considerations
Extract:
"The letters which the complainant contends were not communicated to him do not constitute executive decisions which might cause him prejudice but simply interdepartmental minutes of an internal nature."
Keywords
lack of injury; complainant; disclosure of evidence; request by a party
Considerations
Extract:
No provision requires "that a staff member be informed of the recommendations made by the competent advisory board with regard to his claim. Those recommendations are intended solely to assist the decision-making authority. The contentious nature of the administrative proceedings is respected by notification to the staff member of the decisions taken by the administration in the light of the board's report and by allowing him to reply to those decisions and that report after studying the whole of his file."
Keywords
advisory body; disclosure of evidence; adversarial proceedings; right to reply; organisation's duties; advisory opinion; request by a party
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