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Judgment No. 3039

Decision

1. The Director-General's decision of 9 March 2009 is set aside.
2. The contested appraisal report shall be removed from the complainant's personal file.
3. The ILO shall pay the complainant the sum of 2,000 Swiss francs in compensation for moral injury.
4. It shall also pay him the sum of 2,000 francs for costs.

Consideration 9

Extract:

"[A]s the Tribunal stated in Judgment 2064, under 5, performance reports continue to be useful even if deadlines have not been respected, and failure to meet a deadline cannot on its own be a reason for setting aside reports. However, depending on the case, the effect that the delay has on the report's content will be taken into account."

Reference(s)

Jugement(s) TAOIT: 2064

Keywords

time limit; delay; breach; performance report; judicial review; condition; consequence

Consideration 7

Extract:

According to firm precedent, staff reports are essentially discretionary, and the Tribunal will set aside or amend a report only if there is a formal or procedural flaw, a mistake of fact or of law, or neglect of some material fact, or misuse of authority, or an obviously wrong inference from the evidence (see Judgment 2064, under 4, and the case law cited therein).
It is therefore for the complainant to provide evidence to show that the impugned decision is challengeable on one of the above grounds.

Reference(s)

Jugement(s) TAOIT: 2064

Keywords

performance evaluation



 
Dernière mise à jour: 15.09.2021 ^ haut