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Unsatisfactory service (398,-666)

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Keywords: Unsatisfactory service
Total judgments found: 113

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  • Judgment 4115


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to downgrade him for serious misconduct.

    Consideration 13

    Extract:

    The disciplinary proceedings were initiated before the appraisal period concluded. In Judgment 3224 the Tribunal said at consideration 7 that an organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules governing the evaluation of that performance. The decision to commence disciplinary proceedings can, for the purposes of the application of this principle, be characterised as an adverse decision. Even if the EPO believed that nothing was going to change, in terms of the complainant’s conduct, between the time the disciplinary proceedings were commenced and the conclusion of the appraisal period a little over a month later, it was nonetheless obliged to complete the assessment of the complainant’s performance in accordance with Circular No. 366 before initiating the disciplinary proceedings.

    Keywords:

    disciplinary procedure; due process; organisation's duties; patere legem; performance evaluation; unsatisfactory service; work appraisal;



  • Judgment 4062


    127th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to renew her fixed-term contract on the grounds of unsatisfactory performance.

    Judgment keywords

    Keywords:

    non-renewal of contract; unsatisfactory service;



  • Judgment 4005


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her complaint of harassment.

    Consideration 7

    Extract:

    [T]he fact of reporting unsatisfactory conduct may be relevant in a harassment case alleging retaliation.

    Keywords:

    harassment; retaliation; unsatisfactory service;



  • Judgment 3962


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to downgrade her, reassign her to another position and place her on an additional period of probation.

    Considerations 10-11

    Extract:

    [T]he provisions of Article 13 [of the Service Regulations] were clear. A probationary period occurs in the three circumstances specified in the Article. None were the position the complainant was in at the time of, and as a result of, the decision of 7 January 2015 as implemented in early 2015 nor at the time of the impugned decision. Accordingly, the EPO was not entitled to place the complainant on probation and quite plainly was not entitled to say she could be dismissed under Article 13(4)(b). The decision to place the complainant on probation was unlawful.
    [...]
    The provision does not transmogrify incompetence into conduct in respect of which disciplinary action might be taken and a disciplinary measure imposed (see Judgment 918, consideration 11).

    Reference(s)

    Organization rules reference: Article 13 of the Service Regulations
    ILOAT Judgment(s): 918

    Keywords:

    patere legem; probation; unsatisfactory service;



  • Judgment 3932


    125th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to renew her fixed-term appointment due to unsatisfactory performance.

    Considerations 21 & 26

    Extract:

    The determinative issue in this case is whether the evaluation of the complainant’s performance was procedurally flawed. It is well settled in the Tribunal’s case law that “an organisation has a wide discretion in deciding whether to renew a fixed-term appointment and its right to refuse to renew can be based on unsatisfactory performance”. As well, “such a discretionary decision can be successfully impugned if it is fatally flawed by, for example, procedural defects, a failure to take account of some essential fact, abuse or misuse of authority, or if it was based on an error of fact or of law” (see Judgment 3743, consideration 2, and the cases cited therein). The Tribunal has also consistently held that “an organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules established to evaluate that performance” (see Judgment 3252, consideration 8, and the case cited therein).
    [...]
    It was only in the memorandum of 9 July 2012 that the complainant was informed of the extensive deficiencies in her performance both in terms of her duties and conduct. This letter cannot be viewed as a proper or fair evaluation for a number of reasons. First, it was not in compliance with the mandatory PEMS. Second, other than the deficiencies identified in the audit attributed to the complainant, the letter does not give any detail with respect to when and what the observations were and which interactions with other colleagues at headquarters and in the SAP gave rise to concerns. [...] Third, the unilateral determination that the eleven deficiencies identified in the audit were solely attributable to the complainant and that the renewal of her fixed-term contract was, therefore, in jeopardy, without providing the complainant with an opportunity to respond, was a clear breach of the complainant’s due process rights. This was further exacerbated by her supervisor’s and the Director, OSD’s failure to reply to or take into account the complainant’s extensive response to the alleged deficiencies attributed to her in the audit report.

    Reference(s)

    ILOAT Judgment(s): 3252, 3743

    Keywords:

    misuse of authority; non-renewal of contract; reorganisation; unsatisfactory service; work appraisal;

    Judgment keywords

    Keywords:

    fixed-term; non-renewal of contract; unsatisfactory service;



  • Judgment 3911


    125th Session, 2018
    ITER International Fusion Energy Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment for unsatisfactory performance.

    Consideration 3

    Extract:

    Precedent has it that in terminating a staff member’s employment, an international organization must follow its own rules. Accordingly, the Tribunal has stated that it would set aside an adverse decision, such as the one in the present case which terminated the complainant’s employment, where the decision was made on the basis of an unsatisfactory rating in an appraisal report for which the applicable procedural rules were not followed (see Judgment 3239, consideration 18).

    Reference(s)

    ILOAT Judgment(s): 3239

    Keywords:

    termination; unsatisfactory service;

    Consideration 13

    Extract:

    [W]hile the right to a prior written warning may be conferred by an organization’s internal rules, the Tribunal has also stated that it may arise from a general principle of law based on the organization’s duty of good faith and duty of care to its staff members.

    Keywords:

    general principle; right to reply; unsatisfactory service;

    Consideration 14

    Extract:

    It is noteworthy that the decision in Judgment 2529, consideration 15, was made in reliance on the following statement of principle in Judgment 2414, consideration 23:
    “15. The Tribunal’s case law is voluminous and consistent to the effect that an organisation owes it to its employees, especially probationers, to guide them in the performance of their duties and to warn them in specific terms if they are not giving satisfaction and are in risk of dismissal. (See Judgment 1212.) More recently, in Judgment 2414 the Tribunal held that:
    ‘23. [...] A staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed. These are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity. That is why it was said in Judgment 2170 that an organisation must ‘conduct its affairs in a way that allows its employees to rely on the fact that [its rules] will be followed’.”

    Reference(s)

    ILOAT Judgment(s): 1212, 2170, 2414, 2529

    Keywords:

    unsatisfactory service; warning;

    Judgment keywords

    Keywords:

    termination; unsatisfactory service;



  • Judgment 3853


    124th Session, 2017
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his contract on the grounds of unsatisfactory service.

    Judgment keywords

    Keywords:

    termination; unsatisfactory service;

    Consideration 6

    Extract:

    [A] distinction can be drawn between an allegation of unsatisfactory service and an allegation of misconduct (see, for example, Judgments 247, consideration 13, 1163, consideration 5, and 1208, consideration 2). An allegation of unsatisfactory conduct must involve disciplinary procedures but this is not so if the allegation is simply one of unsatisfactory service (see, for example, Judgments 1501, consideration 3, and 1724, consideration 14).

    Reference(s)

    ILOAT Judgment(s): 247, 1163, 1208, 1501, 1724

    Keywords:

    misconduct; unsatisfactory service;



  • Judgment 3286


    116th Session, 2014
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Non-extension of a fixed-term contract. Failure to investigate allegations of harassment.

    Judgment keywords

    Keywords:

    unsatisfactory service;

    Consideration 25

    Extract:

    "Even if the complainant was perceived to be a difficult staff member to deal with and was perceived to have been performing unsatisfactorily in fairly fundamental ways, she was entitled to have the unsatisfactory performance procedures followed and probably well before the decision was taken not to renew her contract [...]."

    Keywords:

    non-renewal of contract; organisation's duties; unsatisfactory service;



  • Judgment 3264


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision not to renew her contract after an extension of her probationary period and is granted damages.

    Judgment keywords

    Keywords:

    breach; confidential evidence; decision; disclosure of evidence; discretion; due process; duty to inform; extension; general principle; good faith; judicial review; non-renewal of contract; organisation's duties; performance report; probation; procedural flaw; respect for dignity; right to reply; unsatisfactory service; work appraisal;

    Consideration 11

    Extract:

    "The purpose of probation is to give an organisation an opportunity to evaluate a probationer’s suitability for a position (see Judgment 2646, under 5). This gives rise to corollary obligations on the part of the organisation to warn a staff member in a timely manner that her or his performance is unsatisfactory, to give the staff member guidance and an opportunity to improve and to set objectives against which improvement can be measured. These are “fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity” (see Judgment 2414, under 23)."

    Reference(s)

    ILOAT Judgment(s): 2414, 2646

    Keywords:

    duty to inform; good faith; organisation's duties; probation; respect for dignity; unsatisfactory service;



  • Judgment 3252


    116th Session, 2014
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to extend her fixed-term contract for a period of one year instead of three years on the basis of an adverse evaluation report.

    Consideration 8

    Extract:

    "There is a general principle applied by this Tribunal that an organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules established to evaluate that performance (see Judgment 2414, consideration 24)."

    Reference(s)

    ILOAT Judgment(s): 2414

    Keywords:

    complaint allowed in part; contract; decision; fixed-term; grounds; patere legem; unsatisfactory service; work appraisal;



  • Judgment 3240


    115th Session, 2013
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the Organization had acted in breach of its own rules on performance appraisal and probationary periods.

    Consideration 21

    Extract:

    "It is a well-established principle governing probation that in addition to “[identifying] in a timely fashion the unsatisfactory aspects of the performance so that remedial steps may be taken”, an organisation must also “give a specific warning that the continued employment is in jeopardy” (see Judgment 2788, under 1)."

    Reference(s)

    ILOAT Judgment(s): 2788

    Keywords:

    complaint allowed; complaint allowed in part; confirmation of appointment; organisation; organisation's duties; probation; purpose; unsatisfactory service; warning; work appraisal;



  • Judgment 3239


    115th Session, 2013
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal quashed the decision to terminate the complainant’s contract because it was taken on the basis of flawed performance evaluation reports.

    Consideration 18

    Extract:

    As the Tribunal has consistently held, an international organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules established to evaluate that performance (see, for example, Judgments 2414, under 24, 2991, under 13, or 3148, under 25).

    Reference(s)

    ILOAT Judgment(s): 2414, 2991, 3148

    Keywords:

    organisation's duties; unsatisfactory service;



  • Judgment 3235


    115th Session, 2013
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant submits that the decision to terminate his contract on the basis of unsatisfactory service was flawed.

    Judgment keywords

    Keywords:

    flaw; termination; unsatisfactory service;



  • Judgment 3224


    115th Session, 2013
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully contests the termination of her appointment for unsatisfactory service, alleging the absence of a genuine assessment procedure.

    Consideration 7

    Extract:

    "The Tribunal recalls that a staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, so as to be in a position to remedy the situation, and to have objectives set in advance. It also recalls that an organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules governing the evaluation of that performance. Except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff member’s services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established (see Judgments 3070, under 9, 2468, under 16, and 2414, under 23 and 24)."

    Reference(s)

    ILOAT Judgment(s): 2414, 2468, 3070

    Keywords:

    complaint allowed in part; condition; criteria; decision; due process; duty to inform; elements; exception; grounds; judicial review; limits; organisation's duties; patere legem; right; unsatisfactory service; work appraisal; written rule;



  • Judgment 3185


    114th Session, 2013
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges her performance evaluation report, alleging personal prejudice and discrimination on the part of her direct supervisor.

    Consideration 5(b)

    Extract:

    "In principle, a supervisor cannot be criticised for recording the mistakes and errors of a subordinate with a view to preparing that person’s periodical performance evaluation, provided that the purpose of that action is, on the one hand, to ensure that the rating will be objective and, on the other hand, to increase the service’s efficiency by improving the performance of the person concerned. In the instant case, however, it is plain from the evidence that this practice was consistently applied to the complainant in order to stigmatise her shortcomings. [...] Her [evaluation] report is thus tainted with a serious flaw which justifies that it be set aside".

    Keywords:

    breach; complaint allowed in part; condition; decision quashed; equal treatment; flaw; general principle; international civil servant; misconduct; organisation's interest; performance report; purpose; rating; supervisor; unsatisfactory service; work appraisal;



  • Judgment 3150


    113th Session, 2012
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    non-renewal of contract; performance evaluation; unsatisfactory service;

    Consideration 9

    Extract:

    The Tribunal’s case law establishes that a decision not to renew an official’s appointment for unsatisfactory service must be grounded on a consideration of the official’s appraisal reports. Additionally, an international organisation must comply with its own procedures in relation to performance appraisals (see, for example, Judgment 2850, under 10).

    Reference(s)

    ILOAT Judgment(s): 2850

    Keywords:

    non-renewal of contract; performance evaluation; unsatisfactory service;



  • Judgment 3148


    113th Session, 2012
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    The Tribunal draws attention to the fact that, where the reason for not renewing a contract is the unsatisfactory nature of the performance of a staff member, who is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, the organisation can base its decision only on an assessment carried out in compliance with previously established rules (see, in particular, Judgment 2991, under 13, and the case law cited therein). This presupposes that the person in question has been informed in advance of what is expected of him or her, in particular, by the communication of a precise description of the objectives set.

    Reference(s)

    ILOAT Judgment(s): 2991

    Keywords:

    non-renewal of contract; unsatisfactory service;

    Judgment keywords

    Keywords:

    non-renewal of contract; performance evaluation; unsatisfactory service;



  • Judgment 3070


    112th Session, 2012
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "According to the Tribunal's case law, a staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, so as to be in a position to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed (see Judgment 2414, under 23). Precedent also has it that the procedure used for drawing up a performance appraisal forming the basis of a dismissal decision must always be adversarial (see, in particular, Judgments 2468, under 17, and 2515, under 18)."

    Reference(s)

    ILOAT Judgment(s): 2414, 2468, 2515

    Keywords:

    adversarial proceedings; complaint allowed; complaint allowed in part; criteria; date; duty to inform; organisation's duties; purpose; right; termination; time limit; unsatisfactory service; work appraisal;



  • Judgment 3026


    111th Session, 2011
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "An opportunity to improve requires not only that the staff member be made aware of the matters requiring improvement, but, also, that he or she be given a reasonable time for that improvement to occur."

    Keywords:

    notice; organisation's duties; performance report; reasonable time; unsatisfactory service; work appraisal;



  • Judgment 2991


    110th Session, 2011
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "It is a general principle of international civil service law that there must be a valid reason for any decision not to renew a fixed-term contract. If the reason given is the unsatisfactory nature of the performance of the staff member concerned, who is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, the organisation must base its decision on an assessment of that person's work carried out in compliance with previously established rules (see, for example, Judgments 1911, under 6, and 2414, under 23)."

    Reference(s)

    ILOAT Judgment(s): 1911, 2414

    Keywords:

    complaint allowed; complaint allowed in part; contract; decision; duty to inform; duty to substantiate decision; fixed-term; formal requirements; grounds; international civil servant; international civil service principles; non-renewal of contract; organisation's duties; right; unsatisfactory service; work appraisal; written rule;

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Last updated: 19.09.2019 ^ top