Judgment No. 3224
1. The decisions of 14 December 2010 and 8 February 2010 are set aside.
2. IOM shall reinstate the complainant as stated in the judgment, under 11.
3. It shall pay her 10,000 Swiss francs in compensation for the moral injury suffered.
4. It shall also pay her costs in the amount of 5,000 francs.
5. All other claims are dismissed.
The complainant successfully contests the termination of her appointment for unsatisfactory service, alleging the absence of a genuine assessment procedure.
"The Tribunal recalls that 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, and to have objectives set in advance. It also recalls that an organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules governing the evaluation of that performance. Except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff member’s services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established (see Judgments 3070, under 9, 2468, under 16, and 2414, under 23 and 24)."
Jugement(s) TAOIT: 2414, 2468, 3070
decision; grounds; exception; due process; organisation's duties; duty to inform; patere legem; written rule; work appraisal; performance report; unsatisfactory service; judicial review; limits; condition; criteria; elements; right
complaint allowed; decision quashed; reinstatement; termination of employment; unsatisfactory service