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Work appraisal (282, 283, 284, 285, 286, 287, 288, 289, 290,-666)

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Keywords: Work appraisal
Total judgments found: 138

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  • Judgment 182


    27th Session, 1971
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Tribunal will not normally entertain complaints about the contents of appraisal reports; it is essential to their value that the supervisor should be granted great freedom of expression and normally, if there be any errors of judgement on his part, they can be sufficiently remedied by the incorporation in the appraisal report of the staff member's point of view."

    Keywords:

    competence; discretion; judicial review; performance report; rebuttal; supervisor; work appraisal;

    Consideration 3

    Extract:

    "The Tribunal will not normally entertain complaints about the contents of appraisal reports [...] but in the circumstances of this case the Tribunal feels bound to conclude that the words complained of were inserted in the report under a total misconception of the situation and that justice requires that they should be expunged."

    Keywords:

    application for quashing; elements; judicial review; mistaken conclusion; performance report; rebuttal; work appraisal;



  • Judgment 166


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[I]n selecting an official for a vacant post the Director-General must base his decision not on a single criterion but on several considerations, such as occupational skill, length of service, experience, diligence, and suitability for performing the functions of an international official, which he must weigh individually in each case before arriving at a decision."

    Keywords:

    appointment; competition; discretion; elements; fitness for international civil service; qualifications; vacancy; work appraisal;

    Considerations

    Extract:

    "With regard to the failure to appoint [the complainant], the proceedings have shown that after consulting various persons qualified to give an opinion on the candidates [...] the [...] chief of service selected [an official] who was already working for him and of whose efficiency and diligence he had personal experience. Such a choice was quite normal and cannot be regarded in itself as being contrary to the interests of the organization or tainted by [bias]."

    Keywords:

    appointment; discretion; organisation's interest; titularization; work appraisal;



  • Judgment 155


    24th Session, 1970
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[I]t does not fall to the Administrative Tribunal to order any alteration of a report made on an official of the organization by the competent authorities or the withdrawal from the dossier of any part of such report."

    Keywords:

    application for quashing; competence of tribunal; judicial review; performance report; personal file; rating; work appraisal;



  • Judgment 152


    23rd Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration on Termination

    Extract:

    "[E]ven disregarding [the Organization's] standards which for the purposes of evaluation can be taken into consideration only as one factor among others, [...] due allowance being made for the difficulty of the work and circumstances in which it was performed, [the complainant] did not produce the [...] output of translation which could be reasonably expected of him, and after being warned [...] did not improve his output. It is clear that unsatisfactory output is an important factor in unsatisfactory performance."

    Keywords:

    output; probationary period; qualifications; termination of employment; unsatisfactory service; work appraisal;

    Consideration on Termination

    Extract:

    "The Tribunal is competent to review any decision of the Director-General to terminate the appointment of a staff member during or on the expiry of the probationary period [...] The Tribunal may not substitute its own judgment for that of the Director-General concerning the work or conduct of the person concerned or his qualifications for employment as an international officer."

    Keywords:

    discretion; judicial review; probationary period; qualifications; termination of employment; unsatisfactory service; work appraisal;



  • Judgment 140


    22nd Session, 1969
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    Under the applicable provision, "a staff member may be separated during or at the end of his probationary period if it is clear that after a fair trial he does not perform satisfactorily the duties of the post to which he is assigned. The decisions taken under this provision lie within the Director-General's discretion."

    Keywords:

    discretion; probationary period; termination of employment; work appraisal;



  • Judgment 126


    20th Session, 1968
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Under the applicable provision "the Director-General clearly has discretionary power to determine whether the continued employment of a staff member is contrary to the interests of the organization or not; it follows that any decision taken under [the applicable provision] does not come within the Tribunal's power of review unless" [...]; the Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his suitability for international service.

    Keywords:

    discretion; fitness for international civil service; judicial review; organisation's interest; qualifications; termination of employment; work appraisal;



  • Judgment 121


    20th Session, 1968
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The renewal or non-renewal of a contract of employment is a matter within the discretion of the Director-General. Accordingly the Tribunal will not interfere with his decision unless it [...]. The Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct or qualifications of the person concerned."

    Keywords:

    conduct; contract; discretion; fixed-term; judicial review; non-renewal of contract; work appraisal;



  • Judgment 118


    19th Session, 1968
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3(B)

    Extract:

    "When issuing a certificate under the terms of [the applicable provision], the Director-General makes an assessment of the performance of the person concerned which is not open to discussion before the Administrative Tribunal; the Tribunal can only check whether all the particulars specified in the aforesaid [provision] have been supplied, and ascertain that the assessment made by the competent authority is not based on materially incorrect facts or on obviously wrong conclusions drawn from the evidence in the dossier."

    Keywords:

    certificate of service; discretion; formal requirements; judicial review; work appraisal;



  • Judgment 88


    15th Session, 1965
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The certificate issued to the complainant [...] deals with the nature and length of his service and with his abilities and conduct. It complies fully with the requirements of [the applicable provision] and does not need to be supplemented, particularly as the complainant himself has not requested any amendment of it although it has been in his hands for nearly three months."

    Keywords:

    certificate of service; formal requirements; probationary period; work appraisal;



  • Judgment 84


    14th Session, 1965
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The decision of the Director-General to terminate the contract upon expiry of the probationary period was based "upon his conclusion that the services of the complainant had ceased to be satisfactory. In arriving at this conclusion the Director-General was exercising his discretion. Therefore, while the Tribunal is competent to review this decision [...], the Tribunal cannot substitute its own opinion for that of the Director-General."

    Keywords:

    discretion; judicial review; probationary period; termination of employment; unsatisfactory service; work appraisal;



  • Judgment 69


    12th Session, 1964
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "By virtue of this right, before a decision to his detriment is taken, every official should have the opportunity of acquainting himself with the elements taken as the basis for this decision and of explaining himself with regard to them. It follows, in particular, that he cannot be the subject of a termination decision as long as he has not received the evaluation reports concerning him and has not been allowed the opportunity to dispute their contents. The principle stated, which applies even in the absence of express texts, is, moreover, embodied in the provisions of [the Staff Rules]."

    Keywords:

    consequence; flaw; performance report; probation report; probationary period; right to reply; termination of employment; work appraisal;



  • Judgment 53


    9th Session, 1961
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "While the Tribunal is competent to review any decision of the Director-General to terminate the appointment of [an] official, insofar as it may be tainted [etc.]. The Tribunal will not substitute its own opinion for that of the Director-General as regards the conduct or suitability of an official for international service."

    Keywords:

    conduct; discretion; fitness for international civil service; judicial review; work appraisal;



  • Judgment 39


    7th Session, 1958
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Any complaint relying in substance on an individual appreciation of the relative merits of one official as against another is bad in law and must fail, the Tribunal not having jurisdiction in the absence of evidence showing that the complainant was the subject of arbitrary or improper treatment amounting to an illegality under the Staff Regulations."

    Keywords:

    competence of tribunal; discretion; work appraisal;



  • Judgment 34


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant contests the contents of the certificate drawn up. "Even if the complainant's submission under this head were receivable in form* the Tribunal has no authority to supervise or to state the terms of a certificate containing any evaluation whatsoever of the service of the person concerned, this being a prerogative of the Director-General".
    *complaint time-barred

    Keywords:

    certificate of service; discretion; formal requirements; judicial review; work appraisal;



  • Judgment 32


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The irregularities indicated "resulted in depriving complainant of the opportunity of effectively discussing the appreciations made by his superiors, a fact aggravated by reason of the irregularities by which the procedure of the [Advisory] Committee was tainted, resulting in complainant being unable to avail himself of a procedure under which he might have been able to emphasise the qualities he claimed with a view to possibly obtaining an indeterminate appointment [...]. In this manner, the complainant was deprived of the possibility of having the decision taken modified, a possibility available to him under the Staff Regulations and Rules."

    Keywords:

    advisory body; consultation; contract; due process; fixed-term; flaw; non-renewal of contract; permanent appointment; procedural flaw; refusal; right to reply; work appraisal;



  • Judgment 21


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration on the substance (E)

    Extract:

    A circular provides for renewal if, in particular, the services of the person concerned are needed. "This expression cannot mean that the person concerned must be irreplaceable, in that no successor can be found; [...] it means only that the requirements of the service [...] must be permanent and that the said person must give full satisfaction therein and otherwise in all manner in the performance of his duties".

    Keywords:

    contract; fixed-term; interpretation; non-renewal of contract; organisation's interest; work appraisal;



  • Judgment 19


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration on the substance (E)

    Extract:

    Vide Judgment 21, consideration on the substance, (e).

    Reference(s)

    ILOAT Judgment(s): 21

    Keywords:

    contract; fixed-term; interpretation; non-renewal of contract; organisation's interest; work appraisal;



  • Judgment 14


    4th Session, 1954
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Alleging the inferior quality of the complainant's work, the organization failed by way of exception to give her preferential treatment when implementing staff reductions. "As regards the comparative evaluation of service [...], the Director-General [...] has discretionary power [...]. This discretionary power cannot be used to misuse recourse to the aforementioned exception."

    Keywords:

    abolition of post; contract; discretion; permanent appointment; priority; staff reduction; work appraisal;

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Last updated: 07.03.2024 ^ top