Judgment No. 232
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
"[S]ince the complainant had let it be clearly understood that he would not attend the meeting and would be represented at it, the fact that he was not told of its exact date is immaterial to the propriety of the proceedings."
Keywords
procedure before the tribunal; complainant; internal appeals body; internal appeal; right to reply; duty to inform; flaw; procedural flaw; counsel; date
Considerations
Extract:
"No general principle of law bars one organisation from communicating to another information on its former employees, provided that such information is materially correct and related to the employees' professional qualifications and is not given with malicious intent."
Keywords
organisation; communication to third party; personal file; organisation's duties; work appraisal; other
Considerations
Extract:
The appeals body "was free to determine whether it had enough information at its disposal and whether or not in establishing the truth it would serve any purpose to hear witnesses in the course of proceedings which by their very nature should be and are mainly written."
Keywords
internal appeals body; oral proceedings; adversarial proceedings; refusal
Considerations
Extract:
As with any appraisal by the Director-General of an official's performance, the tribunal may "interfere with the impugned decision only if it was taken without authority, is irregular in form or tainted by procedural irregularities or by illegality, or is based on incorrect facts, or if essential facts have not been taken into consideration, or, again, if conclusions which are clearly false have been drawn from the documents in the dossier, or finally, if authority has been exercised for purposes foreign to the organization's interests."
Keywords
work appraisal; performance report; rating; rebuttal; judicial review; discretion
Considerations
Extract:
"The fact that [the official in question] was a member of the Appeals Board although as chief of personnel he had previously appointed the complainant to [two posts] cannot taint the composition of the Board with irregularity nor afford grounds for debarring that senior official."
Keywords
internal appeals body; recusal; composition of the internal appeals body
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