Judgment No. 3240
1. The Director-General’s decision of 2 December 2010 is set aside.
2. The FAO shall pay the complainant material and moral damages in a total amount of 20,000 United States dollars.
3. It shall also pay him costs in the amount of 1,000 dollars.
4. All other claims are dismissed.
The Tribunal found that the Organization had acted in breach of its own rules on performance appraisal and probationary periods.
"Although the complainant did not take issue with the use of the wrong form for his performance appraisal or with the fact that his immediate supervisor did not conduct the evaluation, this does not absolve the FAO of its obligation to act in compliance with its own Staff Regulations, Staff Rules and Manual provisions implementing those rules (see Judgment 3177, under 18)."
ILOAT Judgment(s): 3177
complaint allowed; complaint allowed in part; general principle; organisation's duties; patere legem; written rule; staff regulations and rules; work appraisal; performance report
"It is a well-established principle governing probation that in addition to “[identifying] in a timely fashion the unsatisfactory aspects of the performance so that remedial steps may be taken”, an organisation must also “give a specific warning that the continued employment is in jeopardy” (see Judgment 2788, under 1)."
ILOAT Judgment(s): 2788
complaint allowed; complaint allowed in part; organisation; organisation's duties; work appraisal; probationary period; confirmation of appointment; unsatisfactory service; warning; purpose