Judgment No. 3241
1. The matter is remitted to ESO for the complainant's performance review for the first part of 2009 to be concluded in accordance with ESO's Staff Regulations and, in particular, with Administrative Circular No. 8, as advised in paragraph 35 of the judgment.
2. ESO shall pay the complainant 2,000 euros in costs.
3. The complaint is otherwise dismissed.
The complainant challenges her performance reviews for 2008 and 2009.
"[A]n assessment report can constitute a decision adversely affecting the person concerned and may be impugned in proceedings before the Tribunal after internal means of redress have been exhausted. This is buttressed by the statement of principle in Judgment 466, under 3, that such matters may be so challenged since every official has an interest in the proper establishment of reports on her or his performance, on which her or his career will depend. However, such a decision must be challenged in a timely manner and in accordance with the relevant staff rules and regulations. If not so challenged, the decision becomes final and cannot be reopened (see Judgment 3059, under 7)."
ILOAT Judgment(s): 466, 3059
cause of action; internal remedies exhausted; time limit; performance report; performance evaluation