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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 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; complaint allowed; complaint allowed in part; contract; decision quashed; 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reports she is challenging the complainant failed to avail herself of the means at her disposal to have the reports withdrawn or altered.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:

    complaint allowed; complaint allowed in part; 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:

    complaint allowed; complaint allowed in part; 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 and 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:

    complaint allowed; condition; contract; decision quashed; extension; 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:

    complaint allowed; complaint allowed in part; conduct; due process; performance report; procedure; 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:

    complaint allowed; contract; decision quashed; 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;



  • Judgment 919


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the complainant's "objections to the reckoning of his output are unsound. not only is a search examiner required to produce a steady output of work, but the output expected of him was reckoned according to the period covered by the report. there is therefore no reason why the report period should not be five months, even if the more usual period is a year."

    Keywords:

    output; performance report; period; rebuttal; work appraisal;



  • Judgment 892


    64th Session, 1988
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "since the assessments of her varied the director general was free, in exercising his discretion in the office's interest, to take account only of the factors that he thought ruled out renewal."

    Keywords:

    contract; different appraisals; discretion; executive head; fixed-term; non-renewal of contract; unsatisfactory service; work appraisal;



  • Judgment 880


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "the general rating is a synthesis of the marks in the staff member's report and of several imponderables that also count in giving a fair opinion of his services to the organisation."

    Keywords:

    discretion; elements; performance report; work appraisal;

    Consideration 7

    Extract:

    the complainant objected to being given a general rating couched in the form "3, albeit inclining to 2". the tribunal considers that: "reporting officers may not, to suit themselves, make up vague in-between ratings of their own but must put against each head of assessment one of the marks on the scale. if they do want to qualify it the proper way is to add comments."

    Keywords:

    complaint allowed; decision quashed; rating; work appraisal;

    Consideration 4

    Extract:

    "as the tribunal has often said, performance reports serve no purpose unless the supervisor has full freedom in commenting on performance. [...] the tribunal will review the decision only where there has been blatant abuse of authority or breach of a formal or procedural rule".

    Keywords:

    discretion; judicial review; performance report; work appraisal;



  • Judgment 868


    63rd Session, 1987
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the inconsistent evaluations of the complainant's work by the spokesman for the group cast doubt on the correctness of the decision to dismiss him on the grounds of unsatisfactory performance; the arrangements made for the later test were improper, and the importance of it was not clearly made known to him; and thirdly, the spokesman of the group disregarded his age and earlier career in the union."

    Keywords:

    case sent back to organisation; complaint allowed; contract; decision quashed; different appraisals; disregard of essential fact; permanent; termination; unsatisfactory service; work appraisal;



  • Judgment 841


    63rd Session, 1987
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

    certificate of service; domestic law; formal requirements; no provision; organisation's duties; practice; work appraisal;

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Last updated: 19.09.2019 ^ top