Judgment No. 3512
The complaint is dismissed.
The complainant challenges a warning letter from his reporting officer, warning him that he was at risk of receiving markings of less than "good" in his forthcoming staff report.
report; performance evaluation; complaint dismissed
"The complaint is irreceivable ratione materiae. The complainant essentially contests a warning letter, which warned him that he was at risk of receiving a marking of less than “good” under three headings in his staff report […], if he did not improve within the following five months. The warning letter […] is not a final decision adversely affecting the complainant within the meaning of Article VII, paragraph 1, of the Statute of the Tribunal. The letter constituted a step in the procedure which leads to the drafting of the staff report and ends with the final confirmation of the report. The warning letter as prescribed in Circular No. 246 is meant to alert an employee to the risk of receiving a marking of less than “good” on their forthcoming staff report and to give them adequate time to improve and hence avoid such a marking. The complainant could not therefore rely on Article VII, paragraph 3, of the Tribunal’s Statute to file a complaint against the refusal to withdraw the warning letter."
"A series of steps or findings which lead to a final decision may be attacked as part of a challenge to the final decision, but they themselves cannot be the subject of a complaint to the Tribunal (see Judgments 2366, under 16, and 3433, under 9)."
ILOAT Judgment(s): 2366, 3433