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

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Keywords: Performance report
Total judgments found: 187

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• Judgment 3654

  
  122nd Session, 2016
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to maintain on his personal file a disputed performance appraisal report issued after the expiry of his temporary appointment, and the decision to reject his application for inclusion on a roster of candidates eligible for temporary contracts.

  Judgment keywords

  Keywords:

  complaint allowed; performance report;
  

  
  
  

• Judgment 3613

  
  121st Session, 2016
  Global Fund to Fight AIDS, Tuberculosis and Malaria
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to terminate his employment for alleged unsatisfactory performance, the Global Fund’s refusal to retract a News Release published on the date of the termination of his employment, and the decision to maintain the News Release on the Fund’s website and its refusal to award compensation for excessive publication, defamation and continued breach of privacy.

  Consideration 27

  Extract:

  It is well settled in the Tribunal’s case law that a staff member whose performance is not considered satisfactory is entitled to be
  informed in a timely manner as to the unsatisfactory aspects of her or his performance so that steps may be taken to remedy the deficiencies. The staff member is also entitled to have objectives set in advance so that she or he will know the basis upon which future performance will be based and that their appointment is in jeopardy if there is no improvement. As well, an organization may not terminate a staff member for unsatisfactory performance unless it has complied with its own rules to evaluate that performance. As stated in Judgment 2414, under 23, “[t]hese are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity”.

  Reference(s)

  ILOAT Judgment(s): 2414
  

  Keywords:

  fixed-term; non-renewal of contract; performance report; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 3612

  
  121st Session, 2016
  Global Fund to Fight AIDS, Tuberculosis and Malaria
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: After her separation from service in December 2012 on the basis of a separation agreement, the complainant challenges the Global Fund’s failure to follow the proper procedure with respect to her performance appraisal report for 2011.

  Judgment keywords

  Keywords:

  complaint dismissed; performance report; separation from service;
  

  
  
  

• Judgment 3585

  
  121st Session, 2016
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges a decision to dismiss her internal appeal against her performance appraisal reports and the reclassification of her post.

  Judgment keywords

  Keywords:

  complaint dismissed; failure to exhaust internal remedies; performance report; post classification;
  

  
  
  

• Judgment 3436

  
  119th Session, 2015
  Technical Centre for Agricultural and Rural Cooperation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: Following the abolition of her post in the context of the CTA restructuring, the complainant successfully impugns the decision to terminate her appointment.

  Consideration 9

  Extract:

  By thus commissioning an extraneous body to undertake a task which entailed interfering in the assessment of staff members’ suitability for the available positions, whereas the Staff Regulations made no provision for this, the Centre established an assessment system parallel to that which existed officially and which, moreover, did not offer staff members the safeguards inherent in the official system.

  Keywords:

  performance report;
  

  
  
  

• Judgment 3417

  
  119th Session, 2015
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that IOM's failure to ensure compliance with its performance evaluation procedures warranted an award of moral damages to the complainant.

  Consideration 6

  Extract:

  "[W]hile there is an undoubted right of an organisation to decide not to renew a fixed-term contract, it does not follow that an organisation is, additionally, immune from any liability if it has failed to follow its own procedures designed to monitor, assess and evaluate staff performance and progress. The fundamental purpose of such procedures is to explicitly alert a staff member to identified deficiencies in her or his performance and thus give the staff member an opportunity to address those deficiencies and improve performance. The interaction of such procedures and decisions not to renew fixed-term contracts was discussed by the Tribunal in Judgment 2991, under 13 [...]."

  Reference(s)

  ILOAT Judgment(s): 2991
  

  Keywords:

  fixed-term; non-renewal of contract; performance report; work appraisal;
  

  
  
  

• Judgment 3416

  
  119th Session, 2015
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: As the complainant's allegation of harassment was not supported by specific facts, the Tribunal dismissed the complaint.

  Consideration 8(d)

  Extract:

  [T]he absence of appraisal reports is a sign of administrative malfunctioning open to criticism [...].

  Keywords:

  performance report;
  

  
  
  

• Judgment 3400

  
  119th Session, 2015
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully challenges the decision in relation to the FAO's response to her harassment claim and her performance appraisal for 2009.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; harassment; joinder; performance report;
  

  
  
  

• Judgment 3378

  
  118th Session, 2014
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal allowed the claim for the removal of the performance appraisal report challenged by the complainant from her official status file on the ground that errors were made in drawing up this report.

  Consideration 6

  Extract:

  "[I]t should be recalled that in cases such as the present in which performance reports are challenged, the Tribunal has recognised that such reports are discretionary and the Tribunal 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 from the evidence (see Judgment 3228, consideration 3). That said the Tribunal insists upon observance of procedures established to evaluate performance (see Judgments 3252, consideration 8, and 2916, consideration 12)."

  Reference(s)

  ILOAT Judgment(s): 2916, 3228, 3252
  

  Keywords:

  performance report;
  

  Judgment keywords

  Keywords:

  complaint allowed; performance report;
  

  
  
  

• Judgment 3299

  
  116th Session, 2014
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully impugns a decision to keep in her personal file a warning letter and the non-renewal of her contract.

  Judgment keywords

  Keywords:

  complaint allowed; harassment; non-renewal of contract; performance report;
  

  
  
  

• Judgment 3282

  
  116th Session, 2014
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.

  Consideration 5

  Extract:

  As in Judgment 2916, under 4, the Tribunal holds that “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 […]. Moreover, it cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules established to evaluate that performance […].” [...] Consistent case law states that “[a] staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation” (see Judgment 2414, under 23).

  Reference(s)

  ILOAT Judgment(s): 2414, 2916
  

  Keywords:

  fixed-term; non-renewal of contract; performance report; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 3268

  
  116th Session, 2014
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully impugns the establishment of a staff report containing negative comments.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; limits; performance report; rating;
  

  Consideration 14

  Extract:

  It will be incumbent upon the EPO to draw up a new staff report in which the phrase “within the lower limit of ‘good’” in section I(2)(i) of the report and the two sentences after the word “Agreed” in section VII of the report are deleted – and not replaced with equivalent terms.

  Keywords:

  performance report;
  

  
  
  

• Judgment 3264

  
  116th Session, 2014
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully impugns the decision not to renew her contract after an extension of her probationary period and is granted damages.

  Judgment keywords

  Keywords:

  breach; complaint allowed; confidential evidence; decision quashed; disclosure of evidence; discretion; due process; duty to inform; extension of contract; general principle; good faith; judicial review; non-renewal of contract; organisation's duties; performance report; probationary period; procedural flaw; respect for dignity; right to reply; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 3257

  
  116th Session, 2014
  Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully challenged the decision to offer him a one-year extension of his fixed-term contract rather than the two-year extensions he had previously received.

  Considerations 18 and 19

  Extract:

  "[T]he Commission breached its own rules regarding the procedure by which the performance appraisal report, which contained the recommendation for the extension of the contract, was to be communicated to the Personnel Division. Paragraph 3.2 of Administrative Directive No. 20 (Rev.2) requires the proposal for the extension of the contract to be submitted to the Personnel Division with a justification of the recommendation that was stated in the proposal. The performance appraisal report was also to be submitted with them.
  There are good reasons for this provision. The proposal containing the recommendation, the justification of the recommendation and the performance appraisal report, submitted together, is intended to provide a complete picture of the performance of a staff member. This in turn is to inform a decision which that Division, the PAP or the Executive Secretary may have been required to make."

  Reference(s)

  Organization rules reference: Paragraph 3.2 of Administrative Directive No. 20 (Rev.2)
  
  

  Keywords:

  contract; enforcement; non-renewal of contract; organisation's duties; performance report; staff regulations and rules;
  

  Judgment keywords

  Keywords:

  breach; complaint allowed; contract; decision quashed; discretion; extension of contract; fixed-term; offer; performance report; procedural flaw; staff regulations and rules; terms of appointment;
  

  
  
  

• Judgment 3253

  
  116th Session, 2014
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns an unfavourable evaluation report. Her internal appeal having wrongly been rejected as irreceivable, the case is referred back to the internal appeal body.

  Consideration 15

  Extract:

  "[T]he Tribunal has repeatedly emphasised that internal appeals are an important safeguard of staff rights and social harmony (see, for example, Judgment 3184, consideration 15). Also, the internal appeal process is ordinarily an extremely significant element of the entire system of review of administrative decisions affecting the rights of staff employed by organisations which have submitted to the jurisdiction of the Tribunal (see, for example, Judgment 3222, consideration 9). Moreover, every official has an interest in the proper establishment of reports on his or her performance on which her or his career may depend (see, for example, Judgment 3241, consideration 5)."

  Reference(s)

  ILOAT Judgment(s): 3184, 3222, 3241
  

  Keywords:

  internal appeal; internal appeals body; organisation's duties; performance report; safeguard;
  

  Judgment keywords

  Keywords:

  case sent back to organisation; complaint allowed; decision quashed; performance report;
  

  
  
  

• Judgment 3252

  
  116th Session, 2014
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision to extend her fixed-term contract for a period of one year instead of three years on the basis of an adverse evaluation report.

  Consideration 6

  Extract:

  "It is necessary to make clear that the Tribunal’s role is not to adjudicate on the question of whether assessments made in appraisal reports are correct or whether discretionary decisions to employ a staff member on a fixed-term contract for one or three years are correct. Discretionary decisions of these types, involving assessment and evaluation, are entrusted to the responsible officers of the international organisations within the Tribunal’s jurisdiction. These types of decisions can only be set aside if they involve some breach of a formal or procedural rule, there is a mistake of fact or law or some material has been overlooked, or a plainly mistaken conclusion has been drawn from the facts, or if there is a misuse of authority (see, for example, Judgment 3006, consideration 7)."

  Reference(s)

  ILOAT Judgment(s): 3006
  

  Keywords:

  admissible grounds for review; discretion; disregard of essential fact; fixed-term; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; performance report; procedural flaw; rating; work appraisal;
  

  
  
  

• Judgment 3249

  
  116th Session, 2014
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal dismissed the complaint in which the complainant requested the establishment of a new version of his staff report.

  Judgment keywords

  Keywords:

  complaint dismissed; delegated authority; performance report;
  

  
  
  

• Judgment 3248

  
  116th Session, 2014
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complaint being almost identical to the previous one and the complainant having no new argument, the Tribunal considered the complaint to be irreceivable under the principle of res judicata.

  Judgment keywords

  Keywords:

  complaint dismissed; performance report; res judicata;
  

  
  
  

• Judgment 3241

  
  115th Session, 2013
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges her performance reviews for 2008 and 2009.

  Consideration 5

  Extract:

  "[A]n assessment report can constitute a decision adversely affecting the person concerned and may be impugned in proceedings before the Tribunal after internal means of redress have been exhausted. This is buttressed by the statement of principle in Judgment 466, under 3, that such matters may be so challenged since every official has an interest in the proper establishment of reports on her or his performance, on which her or his career will depend. However, such a decision must be challenged in a timely manner and in accordance with the relevant staff rules and regulations. If not so challenged, the decision becomes final and cannot be reopened (see Judgment 3059, under 7)."

  Reference(s)

  ILOAT Judgment(s): 466, 3059
  

  Keywords:

  cause of action; internal remedies exhausted; performance evaluation; performance report; time limit;
  

  Judgment keywords

  Keywords:

  case sent back to organisation; complaint allowed; late filing; performance report;
  

  
  
  

• Judgment 3240

  
  115th Session, 2013
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that the Organization had acted in breach of its own rules on performance appraisal and probationary periods.

  Consideration 20

  Extract:

  "Although the complainant did not take issue with the use of the wrong form for his performance appraisal or with the fact that his immediate supervisor did not conduct the evaluation, this does not absolve the FAO of its obligation to act in compliance with its own Staff Regulations, Staff Rules and Manual provisions implementing those rules (see Judgment 3177, under 18)."

  Reference(s)

  ILOAT Judgment(s): 3177
  

  Keywords:

  general principle; organisation's duties; patere legem; performance report; staff regulations and rules; work appraisal; written rule;
  

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