Judgment No. 3654
1. The complainant’s PAR for the period September to December 2009, dated 8 February 2010, is set aside and the FAO shall remove both the original and the amended versions of the PAR from the complainant’s file.
2. The FAO shall pay the complainant material damages in the amount of 10,000 euros.
3. The FAO shall pay the complainant moral damages in the amount of 5,000 euros.
4. The FAO shall pay interest on the sums referred to in points 2 and 3 at the rate of 5 per cent per annum from the date of public delivery of this judgment until the date of payment, unless these sums are paid within 28 days of the date of public delivery of this judgment.
5. The FAO shall also pay the complainant costs in the amount of 750 euros.
6. All other claims are dismissed.
The complainant challenges the decision to maintain on his personal file a disputed performance appraisal report issued after the expiry of his temporary appointment, and the decision to reject his application for inclusion on a roster of candidates eligible for temporary contracts.
The FAO submits that [the complainant's claim] is irreceivable as it was raised for the first time in the present complaint. The Tribunal observes that this was not raised as an independent claim in the internal appeal, but that the complainant mentioned the fact that he received the PAR appraisal two months after the end of his appointment and referred to the applicable case law. To this extent it amounts to a plea to support his case, rather than a claim, and is accordingly receivable.
new claim; new plea
[The] sums should be paid within 28 days of the date of delivery of this judgment, failing which they shall bear interest at the rate of 5 per cent per annum from that date until the date of payment.
penalty for delay