Unsatisfactory service (398,-666)

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Keywords: Unsatisfactory service
Total judgments found: 122

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• Judgment 2356

  
  97th Session, 2004
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  The complainant claims damages for the injury resulting from the inclusion in her personnel file of a memorandum bearing negative remarks about her performance. "While there is no evidence whatsoever to support the complainant's claim that she was humiliated and that her future career prospects were adversely affected by this memorandum, the fact remains that the Appeals Committee found, and the Director-General accepted, that the document should be removed from her file. That necessarily implies an acceptance by the Organization that it had acted wrongly in putting it there in the first place. This entitles her to a nominal award of moral damages which the Tribunal evaluates at 500 euros."

  Keywords:

  acceptance; advisory opinion; breach; career; claim; executive head; general service category; grade; injury; internal appeals body; lack of evidence; moral injury; official; personal file; request by a party; respect for dignity; right; supervisor; unsatisfactory service;
  

  
  
  

• Judgment 2337

  
  97th Session, 2004
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "The case law cited [by the complainant] refers to the situation of a staff member who, failing any indication to the contrary, can rely on the continuation of his contractual relations (either not terminated or renewed), since according to the rules of good faith the Organization should warn the staff member if it considers his performance unsatisfactory in order to give him a chance to improve. The situation is different if an organisation [...] restricts the number of fixed term contracts a staff member may be given and lays down specific conditions for the award of an indefinite contract. In this case, the staff member cannot sit back and wait for his contract to be turned into an indefinite contract, since he will be expected to meet stricter requirements. Of course, the Organization is not on that account relieved of its duty of care towards the staff member, and, in accordance with the rules of good faith, it must warn him either if it is convinced that he is simply incapable of performing the duties attached to an indefinite contract, or if it believes that, in order to perform them the staff member must improve the quality of his work still further. This is an obligation the Organization must fulfil particularly in the context of periodic performance appraisals."

  Keywords:

  case law; condition; contract; duty to inform; fixed-term; good faith; legitimate expectation; organisation's duties; performance report; permanent appointment; satisfactory service; successive contracts; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 2316

  
  96th Session, 2004
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 19-20

  Extract:

  The complainant wants to be granted her salary increment to step X retroactively. "The particular circumstances upon which the ITU relies to argue that the complainant should not be granted her step X increment are that the unsatisfactory nature of her services had already been documented prior to the report signed on 3 May 2002 and that she did not cooperate with the establishment of her periodic appraisals. It may at once be noted that the appraisal for the relevant period was not made in May 2002, but in November of that year. Further, and given the complainant's absence on sick leave at various times during the relevant appraisal periods, it is difficult to infer lack of cooperation on her part. However, and more to the point, the matters upon which the Union relies fall far short of establishing that it made a genuine effort to comply with its own procedures, and do not show that the complainant frustrated or sabotaged any such effort. That being so [...], those considerations cannot defeat the complainant's entitlement to her step X increment retroactively. The treatment of the complainant by the ITU is [...] unacceptable."

  Keywords:

  claim; complainant; date; evidence; increment; liability; organisation; organisation's duties; patere legem; performance report; period; procedure before the tribunal; request by a party; right; sick leave; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 2226

  
  95th Session, 2003
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 21

  Extract:

  The complainant was reassigned from one day to the next. "Considering the complainant's length of service (12 years with the organization), the absence of any report of misconduct or unsatisfactory performance on his part, or any indication of urgency that might have justified a sudden, unheralded management decision to reassign him, the action of the Director-General was flawed by procedural irregularity."

  Keywords:

  decision; executive body; executive head; flaw; lack of evidence; misconduct; notice; organisation; period; procedural flaw; reassignment; report; satisfactory service; 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 2090

  
  92nd Session, 2002
  International Federation of Red Cross and Red Crescent Societies
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The organisation asserts that "Article 1010.1 allows it to terminate an appointment by giving one month's notice per year of service [...] The Tribunal observes that [...] 1010.1 may not be interpreted as authorising [the organisation] to terminate [fixed- term] contracts arbitrarily. Decisions of this kind must be based on unsatisfactory performance, or the interests of the service. Furthermore, there must be no breach of adversarial procedure nor any error of fact or of law, nor abuse of authority, nor obvious misappraisal of the facts."

  Reference(s)

  Organization rules reference: ARTICLE 1010.1 OF THE IFRC STAFF REGULATIONS
  
  

  Keywords:

  abuse of power; adversarial proceedings; bias; contract; due process; duty to substantiate decision; fixed-term; grounds; mistake of fact; mistaken conclusion; misuse of authority; notice; organisation's duties; organisation's interest; provision; staff regulations and rules; termination of employment; unsatisfactory service;
  

  
  
  

• Judgment 2018

  
  90th Session, 2001
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "Discussions between the complainant and his supervisors [...] with respect to relatively minor concerns do not constitute a warning so as to make the complainant aware of the risk of dismissal and the need for improvement."

  Keywords:

  complainant; formal requirements; supervisor; termination of employment; unsatisfactory service; warning; work appraisal;
  

  
  
  

• Judgment 2007

  
  90th Session, 2001
  International Federation of Red Cross and Red Crescent Societies
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "Under the provisions [of the Staff Regulations], a contract may be terminated for unsatisfactory performance only after the employee has been served with a formal written warning allowing him or her three months to improve. That period which essentially aims at allowing the employee concerned enough time as may be constructively used to correct mistakes, make good shortcomings and improve both behaviour and working relations with other staff members must cover an effective period of three months during which the employee must be in a position to perform his or her duties correctly and to make full use of his or her abilities. The Tribunal considers that in this instance the complainant was not in such a position."

  Keywords:

  duty to inform; evidence; injury; medical fitness; notice; period; qualifications; termination of employment; unsatisfactory service; warning; 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;
  

  Consideration 7

  Extract:

  This case is about a decision concerning termination of employment for unsatisfactory services.
  "International officials have the right to be informed, from the beginning of the procedure, of the grounds which will serve as a basis for the administration's decision".

  Keywords:

  decision; duty to inform; duty to substantiate decision; organisation's duties; termination of employment; unsatisfactory service;
  

  
  
  

• Judgment 1817

  
  86th Session, 1999
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11(a)

  Extract:

  "Before dismissing someone on the grounds of performance an organisation must ordinarily give fairly prompt warning so as to allow for improvement. But all that is needed is that the staff member be aware of the risk of dismissal and of the need for improvement. If the staff member still proves unsatisfactory, dismissal will be in order even if founded on new shortcomings that are not the same as those that prompted the warning [...]. And again those rules hold good mutatis mutandis for ending probation". The Tribunal cites the case law.

  Keywords:

  case law; duty to inform; organisation's duties; probationary period; termination of employment; unsatisfactory service; warning; work appraisal;
  

  Consideration 11

  Extract:

  "Poor performance does not warrant ending a probationary appointment unless there is not some hope of reasonably early improvement, usually by the expiry of the probation."

  Keywords:

  condition; period; probationary period; termination of employment; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 1796

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

  Consideration 15

  Extract:

  The complainant was reassigned because of his alleged poor attendance and time-keeping. "The [Organization's] treatment of him looks like punishment for conduct it disapproved of and for low output. So there should first have been due disciplinary process affording him full safeguards."

  Keywords:

  conduct; disciplinary measure; disciplinary procedure; due process; misconduct; official; organisation's duties; output; punctuality; right to reply; safeguard; transfer; unsatisfactory service;
  

  
  
  

• 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 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 1590

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

  Consideration 9

  Extract:

  The complainant contends "that it was improper of the Organisation to accuse him of unsatisfactory work without bringing disciplinary proceedings which would have afforded him safeguards; he was denied his right of reply and suffered a hidden disciplinary sanction. The Organisation has never accused the complainant of any sort of conduct warranting disciplinary action but merely of poor performance. So the change in his duties did not amount to a hidden disciplinary sanction".

  Keywords:

  assignment; conduct; disciplinary procedure; hidden disciplinary measure; misconduct; right to reply; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 1583

  
  82nd Session, 1997
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6(a)

  Extract:

  "An organisation may not in good faith end someone's appointment for poor performance without first warning him and giving him an opportunity to do better. The warning need not contain express mention of the risk of termination if performance does not improve: the risk is implied. Nor need any later shortcomings be the same as those that prompted the warning: it suffices that the official understood that his performance as a whole must improve".

  Reference(s)

  ILOAT Judgment(s): 1546
  

  Keywords:

  contract; formal requirements; good faith; non-renewal of contract; organisation's duties; termination of employment; unsatisfactory service; warning;
  

  
  
  

• 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 1546

  
  81st Session, 1996
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  "The conclusion is that he had quite sufficient warning [two written warnings in addition to oral warnings and written comments on the quality of his work] about shortcomings in his performance and the risk of non-renewal. So it is immaterial whether the earlier criticisms are the same as those on which the decision rests. Furthermore, although the Organization's warning was sufficient, it was at liberty to cite prior incidents as well."

  Keywords:

  conduct; contract; discretion; fixed-term; grounds; non-renewal of contract; unsatisfactory service; warning;
  

  
  
  

• Judgment 1441

  
  79th Session, 1995
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  "The complainant held a fixed-term appointment. His proven shortcomings and misconduct were undoubtedly such that the organization might have refused without further ado to extend his appointment. As the Tribunal has always acknowledged, an organisation has discretion in the matter and, as many rulings bear out, it may refuse renewal on grounds of unsatisfactory performance or misconduct: for a recent example see Judgment 1405."

  Reference(s)

  ILOAT Judgment(s): 1405
  

  Keywords:

  case law; contract; discretion; fixed-term; misconduct; non-renewal of contract; unsatisfactory service;
  

  Consideration 20

  Extract:

  The decision to dismiss [the complainant] for serious misconduct was "fully warranted by the facts that came to light at the various stages of the disciplinary proceedings. Even though doubts lingered as to whether the complainant [had embezzled funds] the way he kept the books was still inadmissible and can only have been intended to cover up actual fraud. In view of the complainant's [...] poor performance [his behaviour] showed a lack of conscientiousness and failure to come up to the ethical standards of public service. Moreover [...] his behaviour severely damaged the image of the organization, which he was not just working for but representing."

  Keywords:

  conduct; misconduct; organisation's reputation; serious misconduct; termination of employment; unsatisfactory service;
  

  
  
  

• Judgment 1418

  
  78th Session, 1995
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The purpose of probation is to ensure that new staff members are the best qualified. So an organisation must be allowed the widest measure of discretion in the matter and its decision will stand unless the defect is especially serious or glaring. Moreover, where the reason for refusal of confirmation is unsatisfactory performance the Tribunal will not replace the organisation's assessment with its own."

  Keywords:

  discretion; judicial review; limits; probationary period; purpose; termination of employment; unsatisfactory service;
  

  Consideration 13

  Extract:

  "The Tribunal will not replace with its own assessment that of the complainant's supervisors, whose experience and technical knowledge better equip them to identify his shortcomings."

  Keywords:

  judicial review; limits; supervisor; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 1405

  
  78th Session, 1995
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Precedent acknowledges an organisation's wide discretion in renewing a fixed-term appointment and its right to refuse renewal for reasons that include misconduct and unsatisfactory performance".

  Keywords:

  case law; contract; discretion; fixed-term; misconduct; non-renewal of contract; unsatisfactory service;
  

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