Judgment No. 3842

• Organization: United Nations Industrial Development Organization (UNIDO)
• Date: 28.06.2017
• Original: English
• Judges: Barbagallo, Hansen, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges her 2007 performance appraisal report.

Judgment keywords

Keywords

performance report; complaint dismissed

Consideration 2

Extract:

The complainant requests oral proceedings. However, the briefs and the evidence submitted by the parties are sufficient to enable the Tribunal to reach an informed decision. The complainant’s application for oral proceedings is therefore rejected.

Keywords

oral proceedings

Consideration 4

Extract:

The grounds on which the complainant seeks to impugn the decision [...] are obscured by the fact that she incorporates by reference, and relies on, the pleas advanced in her second complaint. This is not an acceptable way to articulate arguments advanced in subsequent proceedings (see, for example, Judgments 3692, consideration 4, and 3434, consideration 5).

Reference(s)

ILOAT Judgment(s): 3434, 3692

Keywords

legal brief

Consideration 7

Extract:

The principles governing the Tribunal’s consideration of challenges to staff performance appraisal reports are well settled. Indeed, they are discussed in Judgment 3378, consideration 6. The Tribunal recognises that such reports are discretionary and will set aside or amend a report only if there is a formal or procedural flaw, a mistake of fact or law, or neglect of some material fact, or misuse of authority, or an obviously wrong inference drawn from the evidence. Nonetheless the Tribunal insists upon observance of procedures established to evaluate performance.

Reference(s)

ILOAT Judgment(s): 3378

Keywords

performance report; discretion