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Different appraisals (286,-666)

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Keywords: Different appraisals
Total judgments found: 22

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  • Judgment 2507


    100th Session, 2006
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Criticism of a subordinate's performance and behaviour, even in inappropriately strong language, does not, of itself, evidence harassment or prejudice. Certainly, that is so where [...] the performance and behaviour in question are confirmed by other senior and responsible officials. That being so, and there being no other evidence to support the complainant's claims, the allegations of harassment and prejudice must be rejected."

    Keywords:

    bias; conduct; different appraisals; evidence; harassment; moral injury; organisation's duties; performance report; respect for dignity; supervisor; work appraisal;



  • Judgment 2468


    99th Session, 2005
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant's appointment was terminated for unsatisfactory services. "The defendant is not wrong to point out that, except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff member's services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established. The Tribunal, which pays considerable attention to these issues in the case of complaints concerning dismissal at the end of a probationary period or the non-renewal of fixed-term contracts on the grounds of unsatisfactory performance, must be even more vigilant where an organisation terminates the appointment of a staff member holding a contract without limit of time, which in principle should secure him against any risk of job loss or insecurity. This applies particularly in the present case, since the staff member concerned by the termination for unsatisfactory services received on the whole satisfactory or even excellent appraisals over a period of 15 years."

    Keywords:

    complaint; condition; contract; different appraisals; fixed-term; grounds; judicial review; mistake of fact; non-renewal of contract; official; organisation; period; permanent appointment; probationary period; satisfactory service; termination of employment; unsatisfactory service; work appraisal;



  • 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 1640


    83rd Session, 1997
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "The medical opinions of independent medical practitioners would ordinarily prevail and the Tribunal would not interfere. But this is no ordinary case. [...] The Tribunal had to appoint a medical expert to give a final opinion on the complainant's medical condition [...]. That expert found that she was not fit to return to work", a finding that was at odds with the medical opinions that the Agency has relied on to justify its decision.

    Keywords:

    different appraisals; exception; illness; judicial review; limits; medical examination; medical fitness; medical opinion; sick leave;



  • Judgment 1617


    82nd Session, 1997
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "On the strength of the unfavourable appraisal non-renewal of her appointment may have seemed too harsh for someone who until then had had good reports which offered hope of improvement. So the [Organization] concluded that the right expedient was to give a shorter extension so that she might show her mettle. In coming to those conclusions on the evidence before him the Director-General did not go beyond the bounds of his discretion".

    Keywords:

    contract; different appraisals; discretion; duration of appointment; executive head; extension of contract; non-renewal of contract; proportionality; staff member's interest; unsatisfactory service; work appraisal;



  • Judgment 1610


    82nd Session, 1997
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "In a case of non-renewal the Tribunal will be especially cautious in reviewing any appraisal by a supervisor of the staff member's performance: the supervisor has the technical background and the knowledge of the staff member's work and personality that qualify him better than anyone else to advise the head of the Secretariat on that score. Some appraisals of the complainant's performance are not good." Others are more positive, though not unreservedly. "Though she does produce letters of commendation from several quarters, it is not for the Tribunal to choose between conflicting assessments: it is the executive authority that has discretion to do so."

    Keywords:

    contract; different appraisals; discretion; executive head; fixed-term; judicial review; limits; non-renewal of contract; qualifications; supervisor; work appraisal;



  • 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 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 1113


    71st Session, 1991
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant failed to have her post upgraded. Her plea of disregard of relevant facts fails. "The essential point is that, though the complainant's duties might warrant an upgrading if she showed a higher degree of responsibility, initiative and judgment, it was proper to take the view that she did not, and therefore her post does not warrant the higher grade." The Tribunal holds that, despite the difference of opinion, there was evidence on which such a judgment could be based and will not substitute its own view on the matter for the organization's.

    Keywords:

    criteria; different appraisals; disregard of essential fact; grade; judicial review; post classification;



  • Judgment 892


    64th Session, 1988
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Since the assessments of her varied, the Director General was free, in exercising his discretion in the Office's interest, to take account only of the factors that he thought ruled out renewal."

    Keywords:

    contract; different appraisals; discretion; executive head; fixed-term; non-renewal of contract; unsatisfactory service; work appraisal;



  • Judgment 868


    63rd Session, 1987
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The inconsistent evaluations of the complainant's work by the spokesman for the group cast doubt on the correctness of the decision to dismiss him on the grounds of unsatisfactory performance; the arrangements made for the later test were improper, and the importance of it was not clearly made known to him; and thirdly, the spokesman of the group disregarded his age and earlier career in the Union."

    Keywords:

    contract; different appraisals; disregard of essential fact; permanent appointment; termination of employment; unsatisfactory service; work appraisal;



  • Judgment 724


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

    bias; different appraisals; mistaken conclusion; performance report; rebuttal;



  • Judgment 722


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-7

    Extract:

    At the start of 1980 and 1981 the complainant's production target was the same as the previous year; his productivity was the same in 1980 as in 1979 and higher in 1981. Under the circumstances, having attained his production target in 1980 and 1981, the complainant rightly alleges a discrepancy between the two reports. The Tribunal holds that the complainant was under no duty to increase his output of his own accord.

    Keywords:

    different appraisals; judicial review; mistaken conclusion; output; performance report;

    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:

    bias; different appraisals; judicial review; mistaken conclusion; performance report; rebuttal;



  • Judgment 516


    49th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Although different views had been expressed about the complainant's professional qualifications, his performance reports and appraisals of his work, it is for the Director-General to take account of such questions, and the Tribunal will not replace the administration's assessment with its own insofar as that assessment is not flawed. The Tribunal may, it is true, determine whether the performance reports have been properly established, but it may not freely pass judgment on the supervisor's evaluations."

    Keywords:

    different appraisals; discretion; judicial review; work appraisal;



  • Judgment 448


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8(a)

    Extract:

    In deciding not to renew her appointment without taking account of the various elements in the complainant's favour and by basing his decision exclusively on the opinion of her two supervisors, the Director-General exceeded the limits of his discretionary authority.

    Keywords:

    contract; different appraisals; discretion; disregard of essential fact; fixed-term; non-renewal of contract;



  • Judgment 405


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "That [the reports] were less favourable than the ones written by [a] predecessor is no proof of any prejudice against the complainant."

    Keywords:

    bias; different appraisals; evidence; performance report; work appraisal;



  • Judgment 320


    39th Session, 1977
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The starting point for any criticism of [the first level supervisor's] judgment is that he is unable to explain the discrepancy between it and all the complainant's previous appraisal reports except upon the hypothesis that the latter were all wrong. This is highly unlikely. They extended over eleven years and came from seven [...] different representatives. [...] His evaluation of the complainant's work cannot be regarded as unbiased."

    Keywords:

    bias; different appraisals; flaw; period; supervisor; work appraisal;

    Considerations 12, 13 and 17

    Extract:

    The complainant was denied confirmation of his appointment for unsatisfactory service. The Regional Director had nothing to say on the matter. Had he examined the evidence, he would have observed that the performance appraisals were of questionable value. Neither the evaluations of the complainant's first level supervisor (which diverged inexplicably from earlier reports), nor those of the chief of department (which merely echoed the supervisor's views) afforded a basis for the decision. As a result the Director General's decision must be quashed.

    Keywords:

    different appraisals; flaw; probation report; probationary period; reinstatement; satisfactory service; termination of employment; unsatisfactory service; work appraisal;



  • Judgment 306


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complete turn around in assessments of the complainant's work within the space of ten months is unexplainable. The organisation's belated explanations are not borne out by the evidence. "Hence, although the impugned decision cannot be said to have been taken for reasons contrary to the interests of the [service], it is clear at least that the decision drew clearly mistaken conclusions from the facts and should therefore be quashed."

    Keywords:

    amount; contract; different appraisals; fixed-term; mistaken conclusion; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;

    Considerations

    Extract:

    "What makes it all the harder to account for such a difference in assessment within the space of ten months is that there is not a single document in the dossier which reveals the true reasons and no particular fact which explains why the assessment of the complainant was so utterly different." The Director-General's representative provided an explanation for the Tribunal. "[T]hat explanation of the impugned decision is belated and amounts to mere allegations which are not borne out by any document in the dossier." The non-renewal is quashed.

    Keywords:

    different appraisals; flaw; grounds; mistaken conclusion; work appraisal;



  • Judgment 268


    36th Session, 1976
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant's appointment was not renewed on the grounds of unsatisfactory performance and poor relations with her supervisor. Her previous supervisors had been consistently satisfied and the record contains no serious criticisms. "[T]he regional administration failed in particular to carry out a thorough and impartial inquiry, which would have been possible shortly after the incidents in question, and merely endorsed the report made by [the supervisor], whose impartiality was in dispute. [...] The decision [...] was not based on the interests of the Office"; the Tribunal will set it aside.

    Keywords:

    bias; contract; different appraisals; fixed-term; inquiry; investigation; non-renewal of contract; organisation's interest; performance report; supervisor; unsatisfactory service; working relations;



  • Judgment 211


    30th Session, 1973
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "In the preparation of such documents opinions will naturally differ about what aspects of the service should be stressed and what evaluations made; such differences must [...] be resolved by the Director-General whose responsibility it is to determine whether a certificate of service is in substance and language just and fair."

    Keywords:

    certificate of service; different appraisals; discretion; formal requirements; work appraisal;

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Last updated: 08.12.2021 ^ top