Judgment No. 3171
1. The decision of the Director-General of the WTO of 15 December 2009 and that of 16 April 2009 are set aside.
2. The complainant's performance evaluation report for 2008 is set aside. It shall be removed from her personnel file and destroyed.
3. The WTO shall issue the complainant with a certificate of service, as indicated in the judgment, under 28.
4. The Organization shall pay her 10,000 Swiss francs in compensation for moral and professional injury.
5. It shall also pay her costs in the amount of 4,000 francs.
6. All other claims are dismissed.
The complainant successfully challenges a performance evaluation report, alleging that it was in reality retaliation against her.
Jugement(s) TAOIT: 3010, 3170
complaint allowed; personal file; performance report
An opinion issued by an advisory appeal body, which is merely a preparatory step in the process of reaching the final decision on the appeal filed with that body, does not in itself constitute a decision causing injury which may be impugned before the Tribunal. While the complainant may and in fact does plead that the Board’s report is invalid in support of her challenge to the impugned decision, her claim to have this report set aside must therefore be dismissed as irreceivable (see, for example, Judgment 1104, under 3).
Jugement(s) TAOIT: 1104
absence of final decision; provisional decision