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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 283


    37th Session, 1976
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "...the tribunal must determine whether the performance report given to the complainant was in all respects properly established, but it may not substitute its own opinion for that of the administration on the quality of the staff member's performance nor exercise any power of review over the administration's assessment."

    Keywords:

    discretion; judicial review; rating; work appraisal;



  • Judgment 282


    37th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "a clear distinction must be drawn between the quality of a staff member's work, as reflected in such things as performance reports and promotion, and specific facts or a general attitude at variance with his duties as a staff member and warranting disciplinary action."

    Keywords:

    conduct; elements; fitness for international civil service; promotion; rating; staff member's duties; work appraisal;



  • Judgment 256


    34th Session, 1975
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the material provision "provides for the establishment of personal files and gives staff members access at any time to information on their professional situation and in particular reports on their work performance. it also has the purpose of keeping the competent bodies [of the organisation] informed on each staff member's career. since the provisions were adopted in the interests of staff members as well as of the organisation, it is open to the complainant to allege a breach."

    Keywords:

    career; organisation's interest; personal file; purpose; staff member's interest; work appraisal;



  • Judgment 255


    34th Session, 1975
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the applicable provision stipulates that the evaluation given in appraisal reports shall serve as the basis for assistance extended to a staff member to improve his services and for decisions concerning that staff member's status and maintenance in the organization. it is open to question whether this provision, having regard to these objects, applies at all in the case of a staff member who has retired. if it does, there could be no relief for a breach of it except by the payment of compensation. in the present case, the complainant could not suffer injury from a statement assessing his work during the final 11 months of his service.

    Keywords:

    complainant; enforcement; lack of injury; performance report; purpose; retirement; separation from service; work appraisal;



  • Judgment 247


    33rd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "unsatisfactory conduct may or may not affect the quality of the service given. it would be easy to pick out from the ... examples of misconduct [enumerated in the regulations] a number which could not affect the service at all. it would also be easy to imagine acts of insubordination or pieces of impertinence which would not affect the service given...".

    Keywords:

    conduct; insubordination; satisfactory service; work appraisal;



  • Judgment 243


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "it appears ... from the dossier that although his supervisors expressed a justifiably low opinion of his work, their assessments were expressed in perfectly proper language in no way calculated to cause him any emotional upset."

    Keywords:

    discretion; moral injury; performance report; unsatisfactory service; work appraisal;



  • Judgment 238


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "In taking previous performance [of serving staff members] as one of its criteria for the classification of candidates, the Board of examiners [...] did not exceed its proper authority to make a general assessment of them and make a choice."

    Keywords:

    appointment; competition; condition; discretion; elements; internal competition; work appraisal;



  • Judgment 232


    32nd Session, 1974
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "no general principle of law bars one organisation from communicating to another information on its former employees, provided that such information is materially correct and related to the employees' professional qualifications and is not given with malicious intent."

    Keywords:

    communication to third party; organisation; organisation's duties; other; personal file; work appraisal;

    Considerations

    Extract:

    as with any appraisal by the director-general of an official's performance, the tribunal may "interfere with the impugned decision only if it was taken without authority, is irregular in form or tainted by procedural irregularities or by illegality, or is based on incorrect facts, or if essential facts have not been taken into consideration, or, again, if conclusions which are clearly false have been drawn from the documents in the dossier, or finally, if authority has been exercised for purposes foreign to the organization's interests."

    Keywords:

    discretion; judicial review; performance report; rating; rebuttal; work appraisal;



  • Judgment 212


    31st Session, 1973
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "a policy of discrimination is blame worthy and objectionable only if it aims at the exclusion of certain persons as a matter of principle on account of their nationality, race or opinions. it is normal and even desirable if it is based on the professional qualifications and merits of the persons concerned."

    Keywords:

    bias; criteria; equal treatment; nationality; qualifications; work appraisal;



  • Judgment 211


    30th Session, 1973
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the complainant seeks a new certificate consisting of accurate and unbiased assessments of his work and official conduct and taking account of his entire performance record. "the relief is granted only on the ground that the evaluation in the certificate is ... not based on the entire record. the certificate will be quashed in order that the director-general may, if the complainant so requests, issue a new certificate on the correct basis."

    Keywords:

    certificate of service; complaint allowed; decision quashed; flaw; period; work appraisal;

    Consideration 3

    Extract:

    "the principle that the tribunal will not interfere, except upon particular and limited grounds such as prejudice or incorrect appreciation of facts or formal or procedural irregularity, with decisions of the director-general on matters that fall within his discretion applies with special force to the form and contents of such documents as appraisal reports and certificates of service."

    Keywords:

    certificate of service; discretion; judicial review; performance report; work appraisal;

    Consideration 3

    Extract:

    "in the preparation of such documents opinions will naturally differ about what aspects of the service should be stressed and what evaluations made; such differences must ... be resolved by the director-general whose responsibility it is to determine whether a certificate of service is in substance and language just and fair."

    Keywords:

    certificate of service; different appraisals; discretion; formal requirements; work appraisal;



  • Judgment 197


    29th Session, 1972
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "...it is within the director-general's discretion on receiving an appeal ... to decide whether, in order to establish the facts, it is necessary to give a personal hearing to the person concerned or whether the arguments and documents supplied by him and the information given by the chief of his unit are sufficient to allow a decision to be taken."

    Keywords:

    discretion; probation; right to reply; work appraisal;

    Considerations

    Extract:

    reports on each staff member must be made in the first place by his immediate supervisor, who is the best qualified to make an appraisal. this principle cannot be applied "in some units which, because of their nature, activities or the very form of their organization, a small number of officials are associated in a specific common task. it may be conducive to the efficiency of such units for the chief to report directly on all the staff members with whom he is in close and continuous collaboration in the exercise of their duties."

    Keywords:

    competence; probation; probation report; rating; supervisor; work appraisal;

    Considerations

    Extract:

    the director-general "took the view that [the complainant, a probationer,] did not have the necessary qualifications for the post to which he was assigned... [his] decision was not tainted by illegality or based on incorrect facts... he did not fail to take account of essential facts, and did not draw from the evidence conclusions that are clearly false. the tribunal's power to review the substance of this case is limited to the foregoing four points, and it cannot substitute its own judgment for that of the head of the organization."

    Keywords:

    discretion; judicial review; probation; qualifications; work appraisal;



  • Judgment 191


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "the director-general fell into the error of supposing that because the limited part of the complainant's work which he himself saw was bad in his opinion therefore the complainant's work as a whole was to be condemned. in treating as of no account the unanimous opinion of those who were familiar with the whole of [the complainant's] performance, the director-general failed to take into consideration essential facts of the case. his decision must therefore be quashed."

    Keywords:

    complaint allowed; contract; decision quashed; different appraisals; disregard of essential fact; fixed-term; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;

    Considerations

    Extract:

    "while the director-general ... was entitled to differ [with] the opinion expressed by the high-ranking officials ... he should, before reaching the final decision which he alone was competent to make, have taken into account not only the complainant's attitude on the particular occasions when he had 'personally seen him at work', but also the quality of the complainant's general performance of his duties as attested by his immediate supervisors in highly favourable terms."

    Keywords:

    complaint allowed; contract; decision quashed; different appraisals; disregard of essential fact; executive head; fixed-term; non-renewal of contract; supervisor; unsatisfactory service; work appraisal;



  • Judgment 188


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the complainant maintains that she "suffered from the prejudice of one of her supervisors... the appeals board dismissed the charge of prejudice, however, and the advisory board recommended upholding the performance reports complained of. in these circumstances there are no grounds for holding that the director-general's decision taken in the light of the reports in question was based on incorrect facts."

    Keywords:

    bias; performance report; rating; supervisor; unsatisfactory service; work appraisal;

    Consideration 2

    Extract:

    "the director-general's decision to maintain the complainant's performance reports and temporarily to with hold her salary increment lies within his discretion."

    Keywords:

    discretion; increment withheld; judicial review; rating; unsatisfactory service; work appraisal;



  • Judgment 183


    27th Session, 1971
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "it is not established that the assessments in the performance report of the complainant's attitude to her work were influenced by the fact that she had prolonged absences on sick leave. it was on the basis of these assessments, and not because of the sick leave, which he expressly disregarded, that the secretary-general took his decision. there are no grounds on which the tribunal can interfere with it."

    Keywords:

    bias; increment withheld; salary; sick leave; step; work appraisal;



  • Judgment 182


    27th Session, 1971
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the tribunal will not normally entertain complaints about the contents of appraisal reports; it is essential to their value that the supervisor should be granted great freedom of expression and normally, if there be any errors of judgment on his part, they can be sufficiently remedied by the incorporation in the appraisal report of the staff member's point of view."

    Keywords:

    competence; discretion; judicial review; performance report; rebuttal; supervisor; work appraisal;

    Consideration 3

    Extract:

    "the tribunal will not normally entertain complaints about the contents of appraisal reports ... but in the circumstances of this case the tribunal feels bound to conclude that the words complained of were inserted in the report under a total misconception of the situation and that justice requires that they should be expunged."

    Keywords:

    application for quashing; complaint allowed; decision quashed; elements; judicial review; mistaken conclusion; performance report; rebuttal; work appraisal;



  • Judgment 166


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "...in selecting an official for a vacant post the director-general must base his decision not on a single criterion but on several considerations, such as occupational skill, length of service, experience, diligence, and suitability for performing the functions of an international official, which he must weigh individually in each case before arriving at a decision."

    Keywords:

    appointment; competition; discretion; elements; fitness for international civil service; qualifications; vacancy; work appraisal;

    Considerations

    Extract:

    "with regard to the failure to appoint [the complainant] ... the proceedings have shown that after consulting various persons qualified to give an opinion on the candidates ... the ...chief of service selected [an official] who was already working for him and of whose efficiency and diligence he had personal experience. such a choice was quite normal and cannot be regarded in itself as being contrary to the interests of the organization or tainted by [bias]."

    Keywords:

    appointment; confirmation of appointment; discretion; organisation's interest; work appraisal;



  • Judgment 155


    24th Session, 1970
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[I]t does not fall to the Administrative Tribunal to order any alteration of a report made on an official of the organization by the competent authorities or the withdrawal from the dossier of any part of such report."

    Keywords:

    application for quashing; competence of tribunal; judicial review; performance report; personal file; rating; work appraisal;



  • Judgment 152


    23rd Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration on Termination

    Extract:

    "...even disregarding [the organization's] standards which for the purposes of evaluation can be taken into consideration only as one factor among others, ... due allowance being made for the difficulty of the work and circumstances in which it was performed, [the complainant] did not produce the ... output of translation which could be reasonably expected of him, and after being warned ... did not improve his output. it is clear that unsatisfactory output is an important factor in unsatisfactory performance."

    Keywords:

    output; probation; qualifications; termination; unsatisfactory service; work appraisal;

    Considerations on Termination

    Extract:

    "the tribunal is competent to review any decision of the director-general to terminate the appointment of a staff member during or on the expiry of the probationary period ... the tribunal may not substitute its own judgment for that of the director-general concerning the work or conduct of the person concerned or his qualifications for employment as an international officer."

    Keywords:

    discretion; judicial review; probation; qualifications; termination; unsatisfactory service; work appraisal;



  • Judgment 140


    22nd Session, 1969
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    Under the applicable provision, "a staff member may be separated during or at the end of his probationary period if it is clear that after a fair trial he does not perform satisfactorily the duties of the post to which he is assigned. The decisions taken under this provision lie within the Director-General's discretion."

    Keywords:

    discretion; probation; termination; work appraisal;



  • Judgment 126


    20th Session, 1968
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Under the applicable provision "the Director-General clearly has discretionary power to determine whether the continued employment of a staff member is contrary to the interests of the organization or not; it follows that any decision taken under [the applicable provision] does not come within the Tribunal's power of review unless" [...]; the Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his suitability for international service.

    Keywords:

    discretion; fitness for international civil service; judicial review; organisation's interest; qualifications; termination; work appraisal;

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Last updated: 19.09.2019 ^ top