Judgment No. 4264
Decision
The complaint is dismissed.
Summary
The complainant challenges her performance management report for the period 1 January 2010 to 18 July 2010.
Judgment keywords
Keywords
performance evaluation; complaint dismissed
Consideration 2
Extract:
This complaint [...] is the fourth of six complaints filed by the complainant that are presently before the Tribunal. Neither the complainant nor the EPO sought the joinder of this complaint with the other five. While each of the six complaints broadly relates to the same continuum of events with one of the central characters being VP1, mainly each concerns discrete events and each raises different legal issues. This complaint will not be joined with any of the others, consistent with the Tribunal’s case law (see, for example, Judgment 4114, consideration 2) with, additionally, the benefit of creating greater focus on the relevant facts and applicable law attending this complaint and each of the other complaints.
Reference(s)
ILOAT Judgment(s): 4114
Keywords
joinder
Consideration 3
Extract:
It is convenient to note at the outset that the role of the Tribunal in challenges to the assessment of the performance of staff of international organisations is a limited one and does not involve reassessment of performance by the Tribunal (see, for example, Judgments 3228, consideration 3, and 3692, consideration 8).
Reference(s)
ILOAT Judgment(s): 3228, 3692
Keywords
performance evaluation
Consideration 10
Extract:
If a complainant alleges that a decision was not taken in good faith or was taken for an improper purpose, she or he bears the burden of establishing the lack of good faith, bias or improper purpose (see, for example, Judgments 4146, consideration 10, 3743, consideration 12, and 2472, consideration 9). It is a serious allegation that must be clearly substantiated.
Reference(s)
ILOAT Judgment(s): 2472, 3743, 4146
Keywords
burden of proof; bad faith
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