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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: 138

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  • 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:

    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:

    contract; different appraisals; disregard of essential fact; permanent appointment; termination of employment; 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;



  • Judgment 824


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Tribunal may not replace with its own the Director-General's assessment of a staff member's conduct, work and qualifications. All it may do in the matter of an appointment, promotion or transfer is review the decision to see whether it was taken without authority, or whether there was a procedural or formal flaw, or a mistake of law or of fact, or abuse of authority, or a mistaken conclusion from the evidence, or whether some essential fact was overlooked."

    Keywords:

    appointment; conduct; discretion; judicial review; promotion; qualifications; transfer; work appraisal;



  • Judgment 820


    62nd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Only in exceptional circumstances - such as it found in Judgment 182 - will the Tribunal have comments struck out of a performance report, because the exercise of discretion demands broad freedom of speech."

    Reference(s)

    ILOAT Judgment(s): 182

    Keywords:

    application for quashing; competence of tribunal; discretion; judicial review; performance report; work appraisal;



  • Judgment 724


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "An official of an international organisation may find that his supervisors do not give him full credit for the talents he sees in himself and that he does not get the promotion he thinks he deserves. That will not as a rule entitle him to damages for moral injury."

    Keywords:

    moral injury; qualifications; work appraisal; working relations;



  • Judgment 599


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    In this case "the criticisms are carefully and moderately phrased. Whether or not they are justified, it is not suggested that they do not express the honest opinion of the reporting officer." The decision to retain the report's original wording is "within the President's discretion and moreover within an area of his discretion in which the Tribunal does not normally entertain complaints. It is essential to the value of an appraisal report that the reporter should be granted great freedom of expression."

    Keywords:

    discretion; judicial review; performance report; work appraisal;



  • Judgment 565


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5(B)

    Extract:

    The complainant's claim "is for rating his performance, not 'fully satisfactory', but 'outstanding'. The Tribunal cannot make any general assessment of performance and this is a matter outside its own competence and exclusively within the ILO's."

    Keywords:

    competence of tribunal; discretion; work appraisal;

    Consideration 7

    Extract:

    The complainant's present supervisors appraise his performance in terms identical or similar to those used by his earlier supervisors. There is no sign of prejudice against him. The lateness of the report is accounted for by the changes which took place. The papers which were not properly communicated to the complainant are unlikely to have been will fully concealed from him. The plea of prejudice therefore fails.

    Keywords:

    administrative delay; bias; performance report; work appraisal;



  • Judgment 552


    50th Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3, 4 and 7

    Extract:

    The facts the complainant relies on "are intended to show that for years he has been the victim of hostility and it has affected his career, his day-to-day life at work and even his state of health. [...] There is not a shred of proof of his allegations of arbitrary and hostile treatment. In fact the appraisals of his performance are on the whole favourable [...] The complainant has failed to establish any injury due to personal prejudice on [the organisation's] part." The application for damages is rejected.

    Keywords:

    bias; lack of evidence; performance report; work appraisal;



  • Judgment 516


    49th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Although different views had been expressed about the complainant's professional qualifications, his performance reports and appraisals of his work, it is for the Director-General to take account of such questions, and the Tribunal will not replace the administration's assessment with its own insofar as that assessment is not flawed. The Tribunal may, it is true, determine whether the performance reports have been properly established, but it may not freely pass judgment on the supervisor's evaluations."

    Keywords:

    different appraisals; discretion; judicial review; work appraisal;



  • Judgment 450


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant's "pleas in support of her contention [that the organization manifested prejudice against her] therefore do not appear to carry any greater weight than those put forward against it. Accordingly, in implying that her performance and her relations with her supervisors were unsatisfactory the [decision to transfer her] is not tainted with any error of fact and did not leave essential facts out of account. Indeed it came within the scope of the Director's discretion."

    Keywords:

    judicial review; transfer; unsatisfactory service; work appraisal; working relations;



  • Judgment 442


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "As a rule an official's comments on his subordinates do not give them any right to compensation; otherwise supervisors would express only guarded opinions about their subordinates, and that would be harmful to the organisation's efficiency. The most that can be said is that when a supervisor expresses an opinion which he knows to be untrue for a purely malicious purpose he, or the organisation, will be liable."

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    allowance; application for review; consequence; difference; general principle; injury; liability; mistake of fact; organisation; purpose; right; supervisor; work appraisal;



  • Judgment 440


    45th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The appraisal report's bias can be inferred from the dossier as a whole. If the complainant's services in the organization could possibly be considered inexpedient, this should not be construed to mean that he is unfit for a career as an international official in some other organisation.

    Keywords:

    bias; fitness for international civil service; performance report; probation report; work appraisal;



  • Judgment 438


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 10

    Extract:

    The determination of an assessment falls within the discretionary authority of the Director of the organisation. The Tribunal may not substitute its own assessment for the decision taken by the Director in the exercise of his discretion.

    Keywords:

    competence of tribunal; discretion; judicial review; rating; work appraisal;



  • Judgment 437


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "For [a claim for damages for moral prejudice] to succeed the organisation's attitude ought to have caused him emotional disturbance beyond that caused by the ordinary setbacks of life." This was not the case; the fault of which he was accused - not keeping proper working hours - did not cast any discredit on him. "Besides, to award damages for moral prejudice would be to allow that the charge was false, and that, on the evidence before it, the tribunal cannot do."

    Keywords:

    condition; moral injury; unsatisfactory service; work appraisal;



  • Judgment 405


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "That [the reports] were less favourable than the ones written by [a] predecessor is no proof of any prejudice against the complainant."

    Keywords:

    bias; different appraisals; evidence; performance report; work appraisal;

    Consideration 1

    Extract:

    It appears from the dossier that "the sole reason for the action taken with regard to the complainant [change of duties] was the desire of the chief of the department to employ his subordinates more efficiently. The Tribunal will not review the supervisor's appraisal of the complainant's performance provided that [...] he acted solely in the interests of the organisation."

    Keywords:

    amendment to the rules; assignment; discretion; judicial review; organisation's interest; work appraisal;



  • Judgment 399


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant requests compensation for the moral and professional prejudice caused by the lack of an appraisal for more than a year. There is no evidence of any such prejudice and this claim should be rejected."

    Keywords:

    injury; lack of injury; omission; performance report; work appraisal;

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Last updated: 07.03.2024 ^ top