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Performance report (285, 286, 287, 288, 289, 290,-666)

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Keywords: Performance report
Total judgments found: 177

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  • Judgment 2173


    94th Session, 2003
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant wants to be promoted to the "exceptional advancement grade" of his career path. "Although the complainant's competence and standard of work were acknowledged and his appraisal reports were consistently good, those responsible in his division and sector did not see fit to propose him for exceptional advancement, which is granted to very few. Such promotion being discretionary, the organization may refuse it without incurring censure unless the refusal was based on mistakes of fact or of law [...] or on an abuse of authority [...] or unless essential facts were overlooked or blatantly wrong conclusions drawn from the evidence."

    Keywords:

    discretion; judicial review; performance report; promotion; satisfactory service;



  • Judgment 2172


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 20-21

    Extract:

    The organisation extended the complainant's probationary period and transferred her following an unfavourable performance appraisal report. She submits that her supervisors failed to observe the procedure for the completion of performance appraisal reports. The Tribunal considers that "even if her supervisor appeared to follow the proper procedure by sending her the appraisal report [...] before the second-level supervisor had signed it, in order for the procedure to be meaningful, the second-level supervisor should not have written her comments until the complainant's supervisor had answered the memorandum [in which the complainant contested her appraisal]. The process is not a dialogue if one party does not listen to another. in this case, the complainant's supervisor did not consider the complainant's comments when preparing the evaluation. The evidence thus supports the complainant's allegation that the proper procedure was not followed [...] the decision to extend the probationary period was based on a flawed appraisal and the complainant should have been confirmed in her post."

    Keywords:

    breach; consequence; decision; different appraisals; extension of contract; mistake of fact; performance report; period; post; probationary period; procedural flaw; procedure before the tribunal; reply; supervisor; transfer; unsatisfactory service; work appraisal;



  • Judgment 2170


    94th Session, 2003
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. It claims that the complainant refused to cooperate with evaluations. "If that were the case, it was the job of the administration to deal with the situation and not to act as if the complainant did not exist[...] while there is no doubt that an employee cannot obtain the right to an annual salary increment by deliberately sabotaging the reporting process, it is equally the case that an employer cannot deprive its staff of the increments to which they are entitled by failing to complete the necessary preliminary steps."

    Keywords:

    failure to answer claim; grounds; increase; increment; increment withheld; official; organisation; organisation's duties; performance report; procedure before the tribunal; refusal; right; salary; time limit; work appraisal;

    Consideration 12

    Extract:

    The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. The Tribunal concludes from the relevant provisions that "the requirement that an annual performance report be established prior to the scheduled date of the annual salary increment is a formal one. The salary increment [...] was not preceded by an evaluation [...] it is the Organisation's responsibility to see to it that [an annual performance] report is prepared on time. a staff member's right to an increment cannot be defeated by the organisation's failure to comply with its own rules."

    Keywords:

    applicable law; binding character; breach; consequence; date; grounds; increase; increment; increment withheld; official; organisation; organisation's duties; performance report; provision; refusal; right; salary; time limit; written rule;



  • Judgment 2096


    92nd Session, 2002
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The [contract renewal] board was under the obligation to take into account performance appraisal reports [...]. The [complainant's] performance appraisal report for 1999 had not been completed for submission to the board. Yet, before a decision is taken not to renew a contract, precedent has it that it is a fundamental obligation to examine the staff member's performance appraisal. Failure to comply with that obligation constitutes a procedural flaw as it has the effect of excluding an essential fact from consideration (see, in particular, Judgment 1525 [...] and the case law cited therein)."

    Reference(s)

    ILOAT Judgment(s): 1525

    Keywords:

    advisory body; case law; contract; delay; disregard of essential fact; effect; iloat; non-renewal of contract; organisation's duties; performance report; procedural flaw;



  • Judgment 2067


    91st Session, 2001
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The complainant takes the administration to task for the fact that there has been no appraisal report on his performance since 1995. The organization [...] asserts that the omission arose because the complainant's supervisors were anxious to avoid a further confrontation at a time when working relations were strained [...] [The Tribunal considers that,] relations being tense, the [organization] had a duty to put matters right without evading its obligation to ensure that appraisal reports were established."

    Keywords:

    omission; organisation's duties; performance report; working relations;



  • Judgment 2064


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The complainant [objects] to the amount of time the [organisation] took to finalise [his staff] reports [...] The [organisation] did not respect all the time limits, which caused considerable delay. Such delay could per se have adverse effects, particularly on the way relatively distant facts are perceived. But performance reports continue to be useful [...] Failure to meet a deadline cannot on its own be a reason for setting aside reports but, depending on the case, the effect that the delay has on the report's content will be taken into account".

    Keywords:

    consequence; delay; performance report;



  • Judgment 1881


    87th Session, 1999
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 20-21

    Extract:

    "The organization argues that the supervisor's unflattering comments to the Reports Board concerning the complainant 'had nothing to do with the quality of his work during the period being reviewed by the Board'. Even if it were true, the submission is beside the point. Prejudicial comments made to a body advising the decision-maker by one of the parties to a dispute are often irrelevant to the actual substance of the dispute. They are nonetheless prejudicial. If such comments are made, an opportunity must be given to the other party to respond to them. By failing to do this the Reports Board breached its duty of fairness. The report of the Reports Board being vitiated, the decision of the Director-General which is based upon such report cannot stand and must be quashed."

    Keywords:

    adversarial proceedings; bias; equity; flaw; injury; performance report; period; procedural flaw; supervisor; work appraisal;



  • Judgment 1872


    87th Session, 1999
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Since the procedure that was instigated was not a disciplinary one, but a procedure for the termination of the complainant's appointment for unsatisfactory service, the complainant needed to be informed in due time, either through a negative performance appraisal report, or through precise warnings, that the organisation was not satisfied with his performance and that if he did not improve it his appointment would be terminated." (see Judgment 1484)

    Reference(s)

    ILOAT Judgment(s): 1484

    Keywords:

    disciplinary procedure; duty to inform; organisation's duties; performance report; termination of employment; unsatisfactory service; warning;



  • Judgment 1811


    86th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant asked that his interim report be struck from his personal file on the grounds that it had prompted the refusal of his within-grade step increment. "It stands to reason that the complainant's file should contain any papers lawfully made out and bearing on his services with the organization, save medical reports. [H]is claim to removal of the interim review from his file must fail: there was nothing unlawful about that text and it was in any event superseded by the final appraisal, which was good."

    Keywords:

    career; complainant; exception; medical records; performance report; personal file; withdrawal of decision; work appraisal;



  • Judgment 1808


    86th Session, 1999
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Grading turns on the duties of the post, not on the quality of performance. Nor do the master standard for classification of professional posts and the standards and procedures of the professional grading appeals committee lay any duty on the [organization] to make available an official's performance reports for the purpose of a grading exercise".

    Keywords:

    criteria; grade; icsc decision; organisation's duties; performance report; post; post classification; post held by the complainant; professional category; reclassification; work appraisal;



  • Judgment 1741


    85th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15-16

    Extract:

    "Whatever his rank was in the programme the complainant was entitled to appraisal that was in keeping with the written rules or at least so far observed due process as to afford him the opportunity of adding any timely comments of his own for entry in his personal file. [...] [T]he conclusion is that for want of any properly made appraisal there is no objective and reliable means of reviewing the grounds for non-renewal. The impugned decision cannot stand."

    Keywords:

    decision; due process; grade; grounds; organisation's duties; performance report; procedural flaw; work appraisal;



  • Judgment 1736


    85th Session, 1998
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Of course the first report should have been done earlier and the complainant is right enough to cite Rule 540.1. but [...] he was himself largely to blame for the delay, not having filled up the report form until [a given date]. Besides, his second- level supervisor had told him orally, before putting it in the report, that he was not cooperative enough. It is plain on the evidence that he knew full well that his performance had been found wanting; so he may not properly argue that he was told too late to be able to improve."

    Reference(s)

    Organization rules reference: STAFF RULE 540.1

    Keywords:

    complainant; date; delay; duty to inform; liability; performance report; period; staff regulations and rules; work appraisal;



  • Judgment 1728


    84th Session, 1998
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "While it is true that the records of selection committees must be made available to appellate bodies, yet, insofar as they relate to staff other than the appellants themselves, they are confidential, and there is no general requirement of disclosure to such appellants."

    Reference(s)

    Organization rules reference: WHO MANUAL PARAGRAPH II.9.340.3

    Keywords:

    disciplinary procedure; misconduct; performance report; procedure before the tribunal; right to reply; staff reduction; staff regulations and rules; termination of employment; unsatisfactory service;



  • Judgment 1600


    82nd Session, 1997
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "If a decision to promote is taken against the Board's advice and on the basis of considerations other than ability and the record of performance, as prescribed in Article 49(7) of the Service Regulations, then fairness and impartiality can no longer be ensured. The reasons given for the impugned decisions are inappropriate for the promotion procedure established by Article 49 and amount to denial of the equal treatment the complainants were entitled to."

    Reference(s)

    Organization rules reference: ARTICLE 49(7) OF THE EPO SERVICE REGULATIONS

    Keywords:

    criteria; equal treatment; performance report; personal file; promotion; promotion board; qualifications; safeguard; staff member's interest; staff regulations and rules;



  • Judgment 1548


    81st Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    The grounds for non-renewal being deterioration from 1990 in the complainant's performance and conduct, "the burden is on the Organization to show that its decision rested upon proper appraisal of the complainant's performance. [...] All the reports up to September 1990 having been satisfactory, the Organization's failure to have proper appraisal reports made since then is a flaw in the decision."

    Keywords:

    breach; burden of proof; conduct; contract; decision; different appraisals; flaw; non-renewal of contract; organisation's duties; performance report; period; procedural flaw; rating; unsatisfactory service; work appraisal;



  • Judgment 1463


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Several judgments say that a decision on a staff report, being a discretionary one, may be set aside only on limited grounds such as a mistake of fact or of law or failure to take account of some material fact: see [...] Judgments 724 [...], 806 [...] and 1144 [...]."

    Reference(s)

    ILOAT Judgment(s): 724, 806, 1144

    Keywords:

    case law; discretion; disregard of essential fact; judicial review; mistake of fact; performance report;



  • Judgment 1444


    79th Session, 1995
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "Supervisors do not have to have identical opinions [regarding the evaluation of a staff member's performance]: indeed it is a safeguard for any staff member to be evaluated by more than one supervisor and to have them bring possibly different views to bear."

    Keywords:

    different appraisals; performance report; safeguard; staff member's interest; supervisor; work appraisal;



  • Judgment 1394


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant claims damages for injury due to wrongful delay in completing his performance report for 1986-87. "The Tribunal is satisfied on the evidence that the delay that occurred was inadmissible. The EPO's failure to settle reasonably soon a dispute that raised no especially difficult issue of fact or law has discomfited the complainant in that after six years he does not yet have his final rating for 1986-87. [...] He has sustained moral injury, and indeed it is expressly acknowledged in later staff reports. On that score he will get fair redress in an award of 5,000 German marks in damages."

    Keywords:

    compensation; delay; moral injury; organisation's duties; performance report; work appraisal;



  • Judgment 1371


    77th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant's "appraisal reports contain adverse comment by his supervisors, especially on his lack of initiative, and there is no evidence before the Tribunal to suggest that their views were not honestly held or were prejudiced. He was given a proper opportunity to comment on those views and his comments form part of the reports. In the circumstances the Tribunal disallows his application for the removal of them from his personal file."

    Reference(s)

    ILOAT Judgment(s): 1317

    Keywords:

    bias; good faith; lack of injury; performance report; personal file; right to reply; supervisor; unsatisfactory service; work appraisal;



  • Judgment 1351


    77th Session, 1994
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The Organisation's failure to have the appraisal of the complainant's performance [...] available when it decided not to renew his contract was a procedural flaw which had the effect of excluding an essential fact from consideration."

    Keywords:

    administrative delay; contract; disregard of essential fact; material damages; non-renewal of contract; performance report; procedural flaw; work appraisal;

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Last updated: 07.03.2024 ^ top