Judgment No. 724
Decision
1. THE EPO SHALL PAY THE COMPLAINANT 2,000 UNITED STATES DOLLARS IN MORAL DAMAGES.
2. IT SHALL PAY HIM $1,500 IN COSTS.
3. HIS OTHER CLAIMS ARE DISMISSED.
Consideration 3
Extract:
"It will be right not to approve a report only if the reporting officer made an obvious mistake over some important point, if he neglected some essential fact, if he was grossly inconsistent or if he can be shown to have been prejudiced. And he need not be deemed prejudiced just because his assessment for one period is not the same as another reporting officer's opinion of the same official for an earlier or later period."
Keywords
performance report; different appraisals; rebuttal; mistaken conclusion; bias
Consideration 2
Extract:
"According to Article VII(3) of the Statute of the Tribunal, an official may have recourse to the Tribunal where the administration fails to take a decision upon his claim within 60 days of its notification."
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords
implied decision; failure to answer claim; receivability of the complaint; internal appeal; time limit
Consideration 6
Extract:
"The procedure relating to Mr. V.'s first report lasted from 10 September 1980 until 7 June 1983, when the President went back on his decision to approve it. that was far too long. [...] For these reasons, and also in view of his age and record, the Tribunal will award him moral damages".
Keywords
injury; moral injury; administrative delay; performance report
Consideration 6
Extract:
"An official of an international organisation may find that his supervisors do not give him full credit for the talents he sees in himself and that he does not get the promotion he thinks he deserves. That will not as a rule entitle him to damages for moral injury."
Keywords
moral injury; work appraisal; qualifications; working relations
| 
