Judgment No. 841
Decision
THE COMPLAINT IS DISMISSED.
Consideration 2
Extract:
"The rules do not require the ESO to provide the complainant with a performance assessment on the termination of his employment either in the form he seeks or in any other. The ESO is therefore not in breach of any term of the complainant's contract of employment in failing to provide him with a performance assessment. Further, as an international organisation it is not bound by the requirements placed on employers by the laws and usage of the Federal Republic."
Reference(s)
ILOAT Judgment(s): 780, 840, 842
Keywords
formal requirements; organisation's duties; practice; domestic law; no provision; work appraisal; certificate of service
Consideration 2
Extract:
The Organisation "was willing, exceptionally, to issue a qualified performance assessment certificate in the form specified by the laws of the Federal Republic as part of an overall settlement in which the complainant would be reimbursed in respect of certain expenses incurred by him and he in turn would be required to give a written statement that all his claims arising from his employment with the ESO had been settled and that he would refrain from making any further claims or take any further action against the Organisation. The complainant being unwilling to give such a statement, no settlement was reached. In the absence of agreement by both parties to the terms to the proposed settlement, the ESO is under no obligation to provide the complainant with the performance assessment he seeks."
Reference(s)
ILOAT Judgment(s): 780, 840, 842
Keywords
waiver of right of appeal; certificate of service; performance report; offer; lack of consent
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