Judgment No. 466
THE COMPLAINT IS DISMISSED.
"The complainant is mistaken in objecting to the replacement of the appraisal report - none being possible in the circumstances - with a minute which was not to his detriment, which was intended to protect his interests and which indeed did so." The Director-General had noted in the minute that appraisal was not possible and he emphasised aspects in the complainant's favour; the complainant may not require the Regional Director, who was his chief only in name, to appraise his work when he never did any.
staff member's interest; performance report; discontinuance
"Although there was no internal appeal, there has been no breach of Article VII of the Statute of the Tribunal, which the organisation itself believes to be inapplicable to this case." The organisation pointed out that the usual internal remedies were not applicable inasmuch as there was a special procedure involving a reports board which had expressed its opinion on the case. The filing of an internal appeal would probably not have affected the outcome of the complainant's situation.
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
procedure before the tribunal; internal appeal; internal remedies exhausted; exception; performance report
"It is open to the complainant to challenge the decision, since every official has an interest in the proper establishment of reports on his performance, on which his career will depend. It is immaterial that the reports he challenges are not harmful to the complainant."
lack of injury; cause of action; performance report