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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: 137

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  • 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; delay; 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; 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;



  • Judgment 1351


    77th Session, 1994
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The Organisation's failure to have the appraisal of the complainant's performance [...] available when it decided not to renew his contract was a procedural flaw which had the effect of excluding an essential fact from consideration."

    Keywords:

    administrative delay; contract; disregard of essential fact; material damages; non-renewal of contract; performance report; procedural flaw; work appraisal;



  • Judgment 1301


    76th Session, 1994
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant is objecting to a decision to put in her personal file several performance appraisals which she alleges were drawn up in breach of the established procedure and contained "libellous comments". The ILO says that she refused to submit any comments of her own on the reports and thereby prevented the review procedure from moving ahead. "The requirement that a complainant go through any internal procedure is not just a formality. [...] By refusing to [make] comments on the draft reports she is challenging the complainant failed to avail herself of the means at her disposal to have the reports withdrawn or altered. Her complaint is therefore irreceivable under Article VII(1) of the Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    complainant; complaint; iloat statute; internal appeal; internal remedies exhausted; performance report; rebuttal; receivability of the complaint; refusal; work appraisal;



  • Judgment 1300


    75th Session, 1993
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The recommendation by the complainant's division leader "may not concur with favourable assessments by people outside the organization, but if the Tribunal gave those other assessments priority over the views of the complainant's own supervisors it would be going beyond the bounds of its own discretion."

    Keywords:

    judicial review; supervisor; work appraisal;



  • Judgment 1290


    75th Session, 1993
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Director-General enjoys wide discretion in the matter of renewal of a fixed-term appointment and the Tribunal will exercise only a limited power of review. It will, moreover, show special restraint when a decision not to renew rests on appraisal by the staff member's own supervisors: because of their technical qualifications and familiarity with his work and personal attributes they are, after all, best fitted to advise the Director-General."

    Reference(s)

    ILOAT Judgment(s): 1184

    Keywords:

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



  • Judgment 1262


    75th Session, 1993
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6-7

    Extract:

    "The complainant argues that the ESO drew mistaken conclusions from the facts in that it was not free to have him perform tasks other than those provided for under the terms of his contract [...]. A description of the complainant's post [...] that he himself signed included what were called 'background activities', and they went beyond the tasks that had originally been required of him. The Tribunal is satisfied that by confining himself to [certain tasks] he displayed a lack of commitment which properly put at issue the question as to whether the observatory should extend his contract." The ESO did not draw plainly mistaken conclusions about his performance.

    Keywords:

    contract; decision; discretion; fixed-term; judicial review; mistaken conclusion; non-renewal of contract; post description; unsatisfactory service; work appraisal;



  • Judgment 1232


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant, a civil servant of the organization who had been sentenced in his country of origin, was released from prison but was not allowed to leave the country. Under duress he wrote a letter applying for early retirement which was forwarded to the organization by his government. The organization accepted the request and rejected the complainant's internal appeal against that decision. The Tribunal quashes the decision. "On the evidence he was a good employee and he had his appointment constantly renewed from the start of his imprisonment until the date of consent to his early retirement. He might therefore have reasonably expected renewal of appointment up to the age of retirement."

    Keywords:

    condition; contract; extension of contract; fixed-term; legitimate expectation; satisfactory service; work appraisal;



  • Judgment 1208


    74th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant objected to the content of her performance appraisal and requested so-called conciliation proceedings under Section 331 of Annex E to the FAO Manual. The Tribunal holds that "the process of conciliation was not properly followed: if it had been, allegations of unsatisfactory conduct would have been distinguished from allegations of unsatisfactory service. That is a distinction that the Tribunal drew in an earlier case against the FAO [...]: see Judgment 247, under 12 and 13."

    Reference(s)

    Organization rules reference: SECTION 331, ANNEX E, FAO MANUAL
    ILOAT Judgment(s): 247

    Keywords:

    conduct; due process; performance report; procedure before the tribunal; report; staff regulations and rules; unsatisfactory service; work appraisal;



  • Judgment 1175


    73rd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The organisation is free to set quotas for the output of patent examiners. The complainant has failed to offer any evidence to suggest that the quotas the organisation set for him were in any way unreasonable or that, even when he attained them, the evenness of his output was such as the organisation was entitled to expect of him. In the circumstances it is not proven that the decision not to confirm his appointment shows any [...] fatal flaws".

    Keywords:

    discretion; evidence; output; qualifications; reckoning; staff member's duties; unsatisfactory service; work appraisal;



  • Judgment 1170


    73rd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant disputes the method for reckoning the output of a certain category of officials. "The method is not a matter for the Promotion Board; else it would find itself revising ratings in staff reports. In point of fact there is nothing discriminatory about the method. [...] Be that as it may, if the complainant objected to the reckoning of his own output the proper course was for him to challenge his staff report and the ratings it contained. He did not do so."

    Keywords:

    equal treatment; performance report; promotion; promotion board; rating; work appraisal;



  • Judgment 1136


    72nd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant is objecting to an appraisal report. "According to well-established precedent [...] a reporting officer has wide discretion [...] and [his assessment] will stand unless there is an obvious mistake of fact or failure to show the sort of objectivity that ought to govern reporting."

    Keywords:

    discretion; judicial review; performance report; work appraisal;



  • Judgment 1052


    69th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Where the reason given for the non-renewal is unsatisfactory performance, the Tribunal will not replace with its own the organisation's view of the complainant's fitness for his duties."

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal of contract; unsatisfactory service; work appraisal;



  • Judgment 1046


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was transferred on 1 February 1988. On 5 February he got notice that his contract would not be renewed because of an unsatisfactory report concerning his new assignment. The Tribunal holds that "it was incumbent on the [organization] to give him a fair trial in the job, and [...] to ask after the lapse of only four days for an immediate replacement was to act with undue haste."

    Keywords:

    contract; fixed-term; non-renewal of contract; organisation's duties; reasonable time; time limit; unsatisfactory service; work appraisal;



  • Judgment 1038


    69th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Director-General took his decision [not to renew the complainant's contract] in the exercise of his discretionary authority. Even though colleagues of the complainant's thought him suitable and recommended extending his appointment, the decision was not theirs to make."

    Keywords:

    competence; contract; discretion; executive head; fixed-term; non-renewal of contract; qualifications; work appraisal;



  • Judgment 1037


    69th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    After his appointment was extended several times and he received favourable staff reports, the complainant was denied the renewal of his appointment. That decision was based on a lack of leadership qualities, even though these were not mentioned in the requirements set out in his job description. As the decision mistakenly took account of facts unrelated to the duties assigned to him, it is tainted by a fatal flaw and the Tribunal will set it aside.

    Keywords:

    contract; fixed-term; mistaken conclusion; non-renewal of contract; post description; qualifications; work appraisal;



  • Judgment 1016


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In the matter of promotion two principles emerge from the case law: "one is that [the Tribunal] will neither substitute its own assessment of an official's performance for the President's nor review the merits of candidates for promotion. The other is that since the grant of promotion is and must remain at the president's discretion, the mere fact that an official may qualify for it under the rules does not confer on him any enforceable right to it."

    Keywords:

    condition; discretion; judicial review; promotion; work appraisal;

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Last updated: 03.12.2021 ^ top