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Work appraisal (282, 283, 284, 285, 286, 287, 288, 289, 290,-666)

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Keywords: Work appraisal
Total judgments found: 132

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  • Judgment 2170


    94th Session, 2003
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. It claims that the complainant refused to cooperate with evaluations. "If that were the case, it was the job of the administration to deal with the situation and not to act as if the complainant did not exist[...] while there is no doubt that an employee cannot obtain the right to an annual salary increment by deliberately sabotaging the reporting process, it is equally the case that an employer cannot deprive its staff of the increments to which they are entitled by failing to complete the necessary preliminary steps."

    Keywords:

    complaint allowed; complaint allowed in part; failure to answer claim; grounds; increase; increment; increment withheld; international civil servant; organisation; organisation's duties; performance report; procedure; refusal; right; salary; time limit; work appraisal;



  • Judgment 2018


    90th Session, 2001
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "Discussions between the complainant and his supervisors [...] with respect to relatively minor concerns do not constitute a warning so as to make the complainant aware of the risk of dismissal and the need for improvement."

    Keywords:

    complainant; complaint allowed in part; formal requirements; supervisor; termination; unsatisfactory service; warning; work appraisal;



  • Judgment 2007


    90th Session, 2001
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Under the provisions [of the Staff Regulations], a contract may be terminated for unsatisfactory performance only after the employee has been served with a formal written warning allowing him or her three months to improve. That period which essentially aims at allowing the employee concerned enough time as may be constructively used to correct mistakes, make good shortcomings and improve both behaviour and working relations with other staff members must cover an effective period of three months during which the employee must be in a position to perform his or her duties correctly and to make full use of his or her abilities. The Tribunal considers that in this instance the complainant was not in such a position."

    Keywords:

    complaint allowed; complaint allowed in part; duty to inform; evidence; injury; medical fitness; notice; period; qualifications; termination; unsatisfactory service; warning; work appraisal;



  • Judgment 1881


    87th Session, 1999
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 20 and 21

    Extract:

    "The organization argues that the supervisor's unflattering comments to the Reports Board concerning the complainant 'had nothing to do with the quality of his work during the period being reviewed by the Board'. Even if it were true, the submission is beside the point. Prejudicial comments made to a body advising the decision-maker by one of the parties to a dispute are often irrelevant to the actual substance of the dispute. They are nonetheless prejudicial. If such comments are made, an opportunity must be given to the other party to respond to them. By failing to do this the Reports Board breached its duty of fairness. The report of the Reports Board being vitiated, the decision of the Director-General which is based upon such report cannot stand and must be quashed."

    Keywords:

    adversarial proceedings; bias; complaint allowed; complaint allowed in part; equity; flaw; injury; performance report; period; procedural flaw; supervisor; work appraisal;



  • Judgment 1827


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The selection of candidates for promotion is necessarily based on merit and requires a high degree of judgment on the part of those involved in the selection process. Those who would have the Tribunal interfere must demonstrate a serious defect in it; it is not enough simply to assert that one is better qualified than the selected candidate."

    Keywords:

    burden of proof; candidate; competition; criteria; discretion; judicial review; limits; procedural flaw; promotion; qualifications; satisfactory service; selection board; work appraisal;



  • Judgment 1817


    86th Session, 1999
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11(a)

    Extract:

    "Before dismissing someone on the grounds of performance an organisation must ordinarily give fairly prompt warning so as to allow for improvement. But all that is needed is that the staff member be aware of the risk of dismissal and of the need for improvement. If the staff member still proves unsatisfactory, dismissal will be in order even if founded on new shortcomings that are not the same as those that prompted the warning [...]. And again those rules hold good mutatis mutandis for ending probation". The Tribunal cites the case law.

    Keywords:

    case law; duty to inform; organisation's duties; probation; termination; unsatisfactory service; warning; work appraisal;

    Consideration 11

    Extract:

    "Poor performance does not warrant ending a probationary appointment unless there is not some hope of reasonably early improvement, usually by the expiry of the probation."

    Keywords:

    condition; period; probation; termination; unsatisfactory service; work appraisal;



  • Judgment 1811


    86th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant asked that his interim report be struck from his personal file on the grounds that it had prompted the refusal of his within-grade step increment. "It stands to reason that the complainant's file should contain any papers lawfully made out and bearing on his services with the organization, save medical reports. [H]is claim to removal of the interim review from his file must fail: there was nothing unlawful about that text and it was in any event superseded by the final appraisal, which was good."

    Keywords:

    career; complainant; exception; medical records; performance report; personal file; withdrawal of decision; work appraisal;



  • Judgment 1808


    86th Session, 1999
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Grading turns on the duties of the post, not on the quality of performance. Nor do the master standard for classification of professional posts and the standards and procedures of the professional grading appeals committee lay any duty on the [organization] to make available an official's performance reports for the purpose of a grading exercise".

    Keywords:

    criteria; grade; icsc decision; organisation's duties; performance report; post; post classification; post held by complainant; professional category; work appraisal;



  • Judgment 1741


    85th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15 and 16

    Extract:

    "Whatever his rank was in the programme the complainant was entitled to appraisal that was in keeping with the written rules or at least so far observed due process as to afford him the opportunity of adding any timely comments of his own for entry in his personal file. [...] [T]he conclusion is that for want of any properly made appraisal there is no objective and reliable means of reviewing the grounds for non-renewal. The impugned decision cannot stand."

    Keywords:

    complaint allowed; decision; due process; grade; grounds; organisation's duties; performance report; procedural flaw; work appraisal;



  • Judgment 1736


    85th Session, 1998
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Of course the first report should have been done earlier and the complainant is right enough to cite Rule 540.1. but [...] he was himself largely to blame for the delay, not having filled up the report form until [a given date]. Besides, his second- level supervisor had told him orally, before putting it in the report, that he was not cooperative enough. It is plain on the evidence that he knew full well that his performance had been found wanting; so he may not properly argue that he was told too late to be able to improve."

    Reference(s)

    Organization rules reference: STAFF RULE 540.1

    Keywords:

    complainant; date; delay; duty to inform; liability; performance report; period; staff regulations and rules; work appraisal;



  • Judgment 1647


    83rd Session, 1997
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    It follows from WHO Manual paragraph II.1.30 that "grading hinges neither on quality of performance nor on seniority. The sole criteria are the duties and responsibilities of the post. And the grade cannot change unless there is a 'significant change in [their] level'."

    Reference(s)

    Organization rules reference: PARAGRAPHE II.1.30 OF WHO MANUAL

    Keywords:

    amendment to the rules; criteria; post; post classification; post description; seniority; staff regulations and rules; work appraisal;



  • Judgment 1617


    82nd Session, 1997
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "On the strength of the unfavourable appraisal non-renewal of her appointment may have seemed too harsh for someone who until then had had good reports which offered hope of improvement. So the [Organization] concluded that the right expedient was to give a shorter extension so that she might show her mettle. In coming to those conclusions on the evidence before him the Director-General did not go beyond the bounds of his discretion".

    Keywords:

    contract; different appraisals; discretion; duration of appointment; executive head; extension; non-renewal of contract; proportionality; staff member's interest; unsatisfactory service; work appraisal;



  • Judgment 1610


    82nd Session, 1997
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "In a case of non-renewal the Tribunal will be especially cautious in reviewing any appraisal by a supervisor of the staff member's performance: the supervisor has the technical background and the knowledge of the staff member's work and personality that qualify him better than anyone else to advise the head of the Secretariat on that score. Some appraisals of the complainant's performance are not good." Others are more positive, though not unreservedly. "Though she does produce letters of commendation from several quarters, it is not for the Tribunal to choose between conflicting assessments: it is the executive authority that has discretion to do so."

    Keywords:

    contract; different appraisals; discretion; executive head; fixed-term; judicial review; limits; non-renewal of contract; qualifications; supervisor; work appraisal;



  • Judgment 1590


    82nd Session, 1997
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant contends "that it was improper of the Organisation to accuse him of unsatisfactory work without bringing disciplinary proceedings which would have afforded him safeguards; he was denied his right of reply and suffered a hidden disciplinary sanction. The Organisation has never accused the complainant of any sort of conduct warranting disciplinary action but merely of poor performance. So the change in his duties did not amount to a hidden disciplinary sanction".

    Keywords:

    assignment; conduct; disciplinary procedure; hidden disciplinary measure; misconduct; right to reply; unsatisfactory service; work appraisal;



  • Judgment 1548


    81st Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    The grounds for non-renewal being deterioration from 1990 in the complainant's performance and conduct, "the burden is on the Organization to show that its decision rested upon proper appraisal of the complainant's performance. [...] All the reports up to September 1990 having been satisfactory, the Organization's failure to have proper appraisal reports made since then is a flaw in the decision."

    Keywords:

    breach; burden of proof; complaint allowed; complaint allowed in part; conduct; contract; decision; decision quashed; different appraisals; flaw; non-renewal of contract; organisation's duties; performance report; period; procedural flaw; rating; unsatisfactory service; work appraisal;



  • Judgment 1444


    79th Session, 1995
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "Supervisors do not have to have identical opinions [regarding the evaluation of a staff member's performance]: indeed it is a safeguard for any staff member to be evaluated by more than one supervisor and to have them bring possibly different views to bear."

    Keywords:

    different appraisals; performance report; safeguard; staff member's interest; supervisor; work appraisal;



  • Judgment 1418


    78th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The Tribunal will not replace with its own assessment that of the complainant's supervisors, whose experience and technical knowledge better equip them to identify his shortcomings."

    Keywords:

    judicial review; limits; supervisor; unsatisfactory service; work appraisal;



  • Judgment 1394


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant claims damages for injury due to wrongful delay in completing his performance report for 1986-87. "The Tribunal is satisfied on the evidence that the delay that occurred was inadmissible. The EPO's failure to settle reasonably soon a dispute that raised no especially difficult issue of fact or law has discomfited the complainant in that after six years he does not yet have his final rating for 1986-87. [...] He has sustained moral injury, and indeed it is expressly acknowledged in later staff reports. On that score he will get fair redress in an award of 5,000 German marks in damages."

    Keywords:

    compensation; complaint allowed; complaint allowed in part; delay; moral damages; moral injury; organisation's duties; performance report; work appraisal;



  • Judgment 1371


    77th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant's "appraisal reports contain adverse comment by his supervisors, especially on his lack of initiative, and there is no evidence before the Tribunal to suggest that their views were not honestly held or were prejudiced. He was given a proper opportunity to comment on those views and his comments form part of the reports. In the circumstances the Tribunal disallows his application for the removal of them from his personal file."

    Reference(s)

    ILOAT Judgment(s): 1317

    Keywords:

    bias; complaint allowed; complaint allowed in part; decision quashed; good faith; lack of injury; performance report; personal file; right to reply; supervisor; unsatisfactory service; work appraisal;



  • Judgment 1354


    77th Session, 1994
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant objects to the career path on which CERN assigned him when it brought in a new system of advancement. He says CERN relied on his grade - 8 -, whereas it did not give a true indication of the quality of his work. "The plea is irreceivable since it amounts to challenging his promotion to grade 8, a decision he has never demurred at in an internal appeal and which has therefore become final."

    Keywords:

    assignment; career; decision; grade; internal appeal; promotion; receivability of the complaint; work appraisal;

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Last updated: 19.09.2019 ^ top