Judgment No. 3070
1. The decision of 7 July 2009 of the Director General of the OIE is set aside.
2. The Organisation shall pay the complainant an indemnity calculated as indicated under 12.
3. It shall also pay her costs in the amount of 3,000 euros.
4. All other claims are dismissed.
"According to the Tribunal's case law, a staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, so as to be in a position to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed (see Judgment 2414, under 23). Precedent also has it that the procedure used for drawing up a performance appraisal forming the basis of a dismissal decision must always be adversarial (see, in particular, Judgments 2468, under 17, and 2515, under 18)."
ILOAT Judgment(s): 2414, 2468, 2515
complaint allowed; complaint allowed in part; time limit; adversarial proceedings; organisation's duties; duty to inform; work appraisal; termination; unsatisfactory service; criteria; date; purpose; right