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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 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 damages; 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; complaint allowed in part; 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 damages; 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;



  • Judgment 352


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "in exercising his authority the director-general is not bound by the recommendations of the advisory bodies. he is indeed quite free to determine the general assessment in the light of the whole file and even to alter the assessments agreed on by the official's own supervisors. the bodies which advise the director-general therefore enjoy just as much freedom as he to assess the official's performance. ... it is therefore open to them, if they wish, to dissent from an opinion shared by [the supervisors]..."

    Keywords:

    advisory body; advisory opinion; binding character; discretion; executive head; performance report; rating; supervisor; work appraisal;

    Consideration 3

    Extract:

    "the impugned decision, which relates to the assessment of an official's performance, is of a discretionary nature. hence the tribunal may quash it only if..." (etc.)

    Keywords:

    discretion; judicial review; rating; work appraisal;



  • Judgment 320


    39th Session, 1977
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "the starting point for any criticism of [the first level supervisor's] judgment is that he is unable to explain the discrepancy between it and all the complainant's previous appraisal reports except upon the hypothesis that the latter were all wrong. this is highly unlikely. they extended over eleven years and came from seven ... different representatives. ...his evaluation of the complainant's work cannot be regarded as unbiased."

    Keywords:

    bias; different appraisals; flaw; period; supervisor; work appraisal;

    Considerations 12, 13 and 17

    Extract:

    the complainant was denied confirmation of his appointment for unsatisfactory service. the regional director had nothing to say on the matter. had he examined the evidence, he would have observed that the performance appraisals were of questionable value. neither the evaluations of the complainant's first level supervisor (which diverged inexplicably from earlier reports), nor those of the chief of department (which merely echoed the supervisor's views) afforded a basis for the decision. as a result the director general's decision must be quashed.

    Keywords:

    complaint allowed; decision quashed; different appraisals; flaw; probation; probation report; reinstatement; satisfactory service; termination; unsatisfactory service; work appraisal;



  • Judgment 318


    39th Session, 1977
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "the tribunal is competent to review the lawfulness of any decision by the director-general... in particular it may determine whether that decision [is tainted by any of the flaws which entitle the tribunal to interfere. the tribunal may not ... replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service."

    Keywords:

    conduct; discretion; fitness for international civil service; judicial review; qualifications; work appraisal;



  • Judgment 306


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the complete turn around in assessments of the complainant's work within the space of ten months is unexplainable. the organisation's belated explanations are not borne out by the evidence. "hence, although the impugned decision cannot be said to have been taken for reasons contrary to the interests of the [service], it is clear at least that the decision drew clearly mistaken conclusions from the facts and should therefore be quashed."

    Keywords:

    amount; complaint allowed; contract; decision quashed; different appraisals; fixed-term; mistaken conclusion; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;

    Considerations

    Extract:

    "What makes it all the harder to account for such a difference in assessment within the space of ten months is that there is not a single document in the dossier which reveals the true reasons and no particular fact which explains why the assessment of the complainant was so utterly different." The Director-General's representative provided an explanation for the Tribunal. "[T]hat explanation of the impugned decision is belated and amounts to mere allegations which are not borne out by any document in the dossier." The non-renewal is quashed.

    Keywords:

    different appraisals; flaw; grounds; mistaken conclusion; work appraisal;



  • Judgment 300


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "it is true that marking may partly depend on subjective factors which have little or nothing to do with actual performance, but the complainants have not shown that they suffered on that account."

    Keywords:

    bias; burden of proof; discretion; judicial review; lack of evidence; rating; work appraisal;



  • Judgment 284


    37th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "...the officer-in-charge ... and ... the director-general had before them all the relevant documents which the complainant also had seen and they had also the complainant's written replies. the question which they had to consider was not whether the complainant's evaluation of his services was to be preferred to that of his division director, but whether the latter was unjustified. on such a question a staff member cannot claim a right to an oral hearing; this must be within the discretion of the authority concerned and normally it would not be necessary."

    Keywords:

    discretion; right to reply; work appraisal;

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Last updated: 19.09.2019 ^ top