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Unsatisfactory service (398,-666)

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Keywords: Unsatisfactory service
Total judgments found: 122

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  • 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 254


    34th Session, 1975
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[W]hether the superior is in error or not, there is nothing in the dossier to show that the criticism does not express his honest opinion. For the Tribunal to interfere in the case of an appraisal report what must be shown is not a preconceived opinion in the mind of the maker of the report but a wrongful motivation."

    Keywords:

    bias; condition; consequence; injury; performance report; unsatisfactory service;



  • Judgment 251


    34th Session, 1975
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Although the complainant regularly received his salary increments his work was not always fully satisfactory, as appears from the dossier and is suggested by the failure of his many applications. On the other hand, the successful candidate had been trained for the vacant post and had proved himself fully fit for it. In the circumstances, even though the decision may be open to question, the Director-General did not draw any clearly false conclusions from the dossier."

    Keywords:

    appointment; candidate; increment; other; qualifications; salary; unsatisfactory service; vacancy;



  • Judgment 248


    34th Session, 1975
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant was warned by her supervisors that the quality of her services was not satisfactory; she was transferred to allow her to get adapted; different chiefs found her to be incompetent; she "received several warnings that if her services did not improve the organization would feel bound to dismiss her under Staff Regulation [...] The Tribunal holds that not only was the correct procedure followed for dismissing her but the organization actually showed great forbearance and consideration towards her."

    Keywords:

    judicial review; termination of employment; transfer; unsatisfactory service; warning;



  • Judgment 247


    33rd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The decision to with hold an increment from an officer is [...] a discretionary decision depending upon an evaluation made by the officer's superiors. The Tribunal will not interfere with such a decision unless it is based, among other things, on an error of law or a clearly mistaken conclusion on the facts."

    Keywords:

    discretion; increment withheld; judicial review; unsatisfactory service;

    Consideration 21

    Extract:

    The Director General erred in law in treating the complainant's attitude towards an official as unsatisfactory service; he erred in law in concluding that at the material time, this official was the complainant's superior or supervisor; in concluding that the complainant was guilty of insubordination, he drew a clearly mistaken conclusion from the facts. "The decision [...] is quashed; the complainant [shall be] paid the increment due to him [...] with interest thereon at 6 per cent per annum."

    Keywords:

    amount; conduct; flaw; increment withheld; insubordination; interest on damages; material damages; mistaken conclusion; supervisor; unsatisfactory service; working relations;

    Considerations 15, 16 and 21

    Extract:

    Having been accused of insubordination, the complainant questioned the existence of a duty of subordination. "Accordingly, the offence, if any, of the complainant was an offence against discipline and the Director-General erred in dealing with it as a matter of unsatisfactory service." The Director-General "erred in law in treating the complainant's attitude towards [another official] as unsatisfactory service."

    Keywords:

    complainant; conduct; disciplinary measure; insubordination; misconduct; unsatisfactory service;



  • Judgment 243


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The organisation, "instead of terminating the complainant's services as soon as it realised his inability to work in an international organisation, ¨[...] found him other work; but again he proved incompetent. It offered him field posts; but he refused them. It is clear therefore that he was treated with consideration."

    Keywords:

    contract; fitness for international civil service; fixed-term; non-renewal of contract; organisation's duties; unsatisfactory service;

    Consideration 6

    Extract:

    "It appears [...] from the dossier that although his supervisors expressed a justifiably low opinion of his work, their assessments were expressed in perfectly proper language in no way calculated to cause him any emotional upset."

    Keywords:

    discretion; moral injury; performance report; unsatisfactory service; work appraisal;



  • Judgment 241


    33rd Session, 1974
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    According to the complainant, the decision not to renew her contract was taken on mistaken grounds, that is on incorrect facts. In concluding that there had been no prejudice, that her case had been fully examined and that despite warnings her work performance had not improved, the Director-General "took account of facts which are not proved to be incorrect." Each of these points is confirmed by the evidence in the dossier.

    Keywords:

    contract; fixed-term; judicial review; non-renewal of contract; unsatisfactory service; warning;



  • Judgment 200


    30th Session, 1973
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "It appears from the documents in the dossier that the decision was taken solely on the grounds of the complainant's unsatisfactory service and that it is not tainted with any of the irregularities which enable the Tribunal to interfere with such decisions [...]."

    Keywords:

    increment withheld; judicial review; unsatisfactory service;

    Considerations

    Extract:

    "[I]t appears from the minutes of the Advisory Board's meeting that, contrary to what the complainant alleges, he was given a hearing by the Board, and that in any case he was able to submit full written and oral observations to the Appeals Board, whose recommendation the Director-General accepted."

    Keywords:

    advisory body; increment withheld; internal appeals body; judicial review; right to reply; unsatisfactory service;



  • Judgment 194


    29th Session, 1972
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant's plea that the impugned decision should be quashed as being based on insufficient grounds succeeds. "[I]t is [...] for the Director-General to reopen the case and to consider, by such means as he may deem appropriate and after giving a hearing to [the complainant], whether the appraisal made by her immediate supervisor was well-founded and whether the non-confirmation of her appointment could legitimately be based on the provisions" cited.

    Keywords:

    case sent back to organisation; decision quashed; duty to substantiate decision; grounds; judicial review; probationary period; termination of employment; unsatisfactory service;



  • Judgment 191


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The Director-General fell into the error of supposing that because the limited part of the complainant's work which he himself saw was bad in his opinion therefore the complainant's work as a whole was to be condemned. In treating as of no account the unanimous opinion of those who were familiar with the whole of [the complainant's] performance, the Director-General failed to take into consideration essential facts of the case. His decision must therefore be quashed."

    Keywords:

    contract; different appraisals; disregard of essential fact; fixed-term; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;

    Considerations

    Extract:

    "While the Director-General [...] was entitled to differ [with] the opinion expressed by the high-ranking officials [...] he should, before reaching the final decision which he alone was competent to make, have taken into account not only the complainant's attitude on the particular occasions when he had 'personally seen him at work', but also the quality of the complainant's general performance of his duties as attested by his immediate supervisors in highly favourable terms."

    Keywords:

    contract; different appraisals; disregard of essential fact; executive head; fixed-term; non-renewal of contract; supervisor; unsatisfactory service; work appraisal;



  • Judgment 188


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant maintains that she "suffered from the prejudice of one of her supervisors [...] The Appeals Board dismissed the charge of prejudice, however, and the Advisory Board recommended upholding the performance reports complained of. In these circumstances there are no grounds for holding that the Director-General's decision taken in the light of the reports in question was based on incorrect facts."

    Keywords:

    bias; performance report; rating; supervisor; unsatisfactory service; work appraisal;

    Consideration 2

    Extract:

    "The Director-General's decision to maintain the complainant's performance reports and temporarily to withhold her salary increment lies within his discretion."

    Keywords:

    discretion; increment withheld; judicial review; rating; unsatisfactory service; 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 complainant "was not informed of the Organization's intention to terminate his service nor invited to state his views. It is clear, however, that before the Appeals Committee the complainant was duly informed of the reasons for his termination and that he had an opportunity to discuss them. Accordingly, in the special circumstances of the case, he could not validly allege any violation of the right to a hearing."

    Keywords:

    grounds; probationary period; right to reply; termination of employment; unsatisfactory service;

    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 116


    19th Session, 1968
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    On the occasion of the partial renewals of her contracts, the complainant was advised to improve her performance. In concluding that the complainant's performance was still unsatisfactory and that her appointment should not be extended beyond the date of expiry, the Director-General gave a ruling which exhibits none of the flaws which may cause the Tribunal to interfere with such a decision. It has not, in particular, been established that the critical observations made of the complainant's work were based on materially incorrect facts.

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal of contract; unsatisfactory service;



  • Judgment 112


    18th Session, 1967
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    It was the understanding of both sides that the reason for extending the probationary period was merely to allow the complainant to look for a new position. The organization agreed to the extension in the knowledge that the complainant's work was unsatisfactory and that he would not be able to change the unfavourable impression left by his first probationary year. Under these circumstances, continuation of the complainant's appointment cannot be regarded as an extension of the probationary period within the meaning of the regulations and the organization had no obligation to make the report.

    Keywords:

    extension of contract; omission; organisation's duties; probation report; probationary period; purpose; unsatisfactory service;

    Consideration 4

    Extract:

    The criticisms addressed to the complainant, "even if they were not frequent [...] were nonetheless such as to make him aware of the failings of which he is accused." The absence of warning prior to communication of the unfavourable report is not a material fact in the matter at issue.

    Keywords:

    probation report; probationary period; termination of employment; unsatisfactory service; warning;

    Consideration 4

    Extract:

    "[T]he degree of success attained by the complainant in the competitions in which he took part is immaterial, his actual work during his probationary period being the only material factor." Failure to take account of the results of competitions is not a material fact in the matter at issue.

    Keywords:

    competition; probationary period; termination of employment; unsatisfactory service;



  • Judgment 109


    17th Session, 1967
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The decision impugned was taken on the basis, in particular, of the reports of her two [...] chiefs; these reports deal with specific points which are not invalidated by any of the evidence in the dossier. From these facts as a whole the [...] Director [...] could conclude that complainant's service was unsatisfactory, without exceeding his discretion. However, his decision was taken only after he had personally heard [the complainant], who was given the opportunity of fully defending her views."

    Keywords:

    discretion; probation report; probationary period; right to reply; termination of employment; unsatisfactory service;



  • Judgment 93


    16th Session, 1966
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Clause (vi) of the material provision stipulates that the appointment may be terminated in the interests of the organization. "The power in clause (vi) cannot be read as an absolute power exercisable in all cases, but must be read subject to a condition limiting the type of case in which it can be exercised. The condition must be framed in the light of the fact that the power will normally be used in the case of a satisfactory officer, since an unsatisfactory officer can normally be dealt with [under clauses (i) to (v)]."

    Keywords:

    discretion; organisation's interest; termination of employment; unsatisfactory service;



  • Judgment 90


    15th Session, 1965
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was dismissed without advance notice in violation of the applicable provision. The decision is quashed.

    Keywords:

    breach; decision quashed; organisation's duties; provision; staff regulations and rules; termination of employment; unsatisfactory service; warning;



  • 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 65


    11th Session, 1962
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The decision not to renew the complainant's appointment [...] taken on the basis of a single unfavourable report after a long period of satisfactory service, would leave out of account essential material elements and would constitute an obviously wrong conclusion drawn from the record unless the appraisal report and the comments thereon disclosed sufficiently serious deficiencies in the work or conduct of the official concerned to justify by themselves the decision not to renew the official's appointment."

    Keywords:

    conduct; contract; different appraisals; disregard of essential fact; fixed-term; mistaken conclusion; non-renewal of contract; performance report; satisfactory service; unsatisfactory service;

    Consideration 5

    Extract:

    "The reference to the complainant's conduct was properly part of the record incorporating the appraisal report and was not objected to as such by the complainant, so that the Director-General could properly take notice thereof in deciding whether, in the light of the facts disclosed in the 1960 report and comments thereon, the complainant's appointment should be extended."

    Keywords:

    acceptance; complainant; conduct; contract; fixed-term; non-renewal of contract; performance report; unsatisfactory service;



  • Judgment 56


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

    Consideration 2

    Extract:

    "The Director-General had good reason to believe that [the complainant's] behaviour was not beyond reproach, and that [...] her performance was inadequate and her attitude towards her colleagues insufferable. In these circumstances, it is quite clear that the refusal to renew the complainant's appointment is not tainted by any defect such as would justify either the quashing of the decision or the award of an indemnity."

    Keywords:

    conduct; contract; fixed-term; non-renewal of contract; output; unsatisfactory service; working relations;

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Last updated: 07.03.2024 ^ top