Judgment No. 3252
1. The impugned decision is set aside.
2. The complaint is otherwise dismissed.
The complainant impugns the decision to extend her fixed-term contract for a period of one year instead of three years on the basis of an adverse evaluation report.
"It is necessary to make clear that the Tribunalís role is not to adjudicate on the question of whether assessments made in appraisal reports are correct or whether discretionary decisions to employ a staff member on a fixed-term contract for one or three years are correct. Discretionary decisions of these types, involving assessment and evaluation, are entrusted to the responsible officers of the international organisations within the Tribunalís jurisdiction. These types of decisions can only be set aside if they involve some breach of a formal or procedural rule, there is a mistake of fact or law or some material has been overlooked, or a plainly mistaken conclusion has been drawn from the facts, or if there is a misuse of authority (see, for example, Judgment 3006, consideration 7)."
ILOAT Judgment(s): 3006
admissible grounds for review; grounds; work appraisal; performance report; rating; fixed-term; judicial review; discretion; limits; disregard of essential fact; flaw; formal flaw; procedural flaw; mistake of fact
"There is a general principle applied by this Tribunal that an organisation cannot base an adverse decision on a staff memberís unsatisfactory performance if it has not complied with the rules established to evaluate that performance (see Judgment 2414, consideration 24)."
ILOAT Judgment(s): 2414
complaint allowed in part; decision; grounds; patere legem; work appraisal; contract; fixed-term; unsatisfactory service