Judgment No. 1583

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 30.01.1997
• Original: French
• Judges: Gentot, Egli, Douglas
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 6(a)

Extract:

"An organisation may not in good faith end someone's appointment for poor performance without first warning him and giving him an opportunity to do better. The warning need not contain express mention of the risk of termination if performance does not improve: the risk is implied. Nor need any later shortcomings be the same as those that prompted the warning: it suffices that the official understood that his performance as a whole must improve".

Reference(s)

ILOAT Judgment(s): 1546

Keywords

formal requirements; good faith; organisation's duties; contract; non-renewal of contract; termination of employment; unsatisfactory service; warning

Consideration 2

Extract:

The case law allows wide discretion both in appraising performance and in extending fixed-term appointments. The Tribunal will not interfere unless the decision was taken ultra vires or in breach of a formal or procedural rule, or rests on a mistake of fact or law, or unless some essential fact was overlooked, an obviously wrong conclusion was drawn from the evidence, or there was misuse of authority: see Judgment 1546 [...] and the precedents cited therein.

Reference(s)

ILOAT Judgment(s): 1546

Keywords

performance evaluation