Judgment 665
56th Session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The reason given for non-renewal of the complainant's contract was unsatisfactory performance. The evaluation report for 1981 was signed long after the time limit laid down in the Staff Rules. Only a few weeks elapsed between the completion of the 1981 report and the processing of the 1982 report. As a result, the impugned decision took no account of the fact that between the complainant's two last performance reports he was not given time to add his objections or to show he could come up to expectation. The decision overlooked an essential fact and drew clearly mistaken conclusions from the evidence. The complainant is entitled to damages.
Keywords:
administrative delay; contract; disregard of essential fact; fixed-term; flaw; material damages; mistaken conclusion; moral injury; non-renewal of contract; performance report; right to reply; time limit; unsatisfactory service;
Judgment 588
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"In endorsing the adverse comments in the last report the WHO did not rely on isolated or incorrect facts or draw clearly mistaken conclusions from the evidence. [...] The Director took account only of what was revealed by the report [...] and he considered the complainant's comments thereon. His decision to terminate the appointment shows none of the defects [which could lead the Tribunal to quash it] and is sound in law."
Keywords:
contract; fixed-term; judicial review; mistaken conclusion; non-renewal of contract; performance report; unsatisfactory service;
Judgment 503
48th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant, a dutyman, was dismissed at the end of the probationary period. The director took the view that there was personal incompatibility: there was no mistake of law. But there is no evidence that personal incompatibility made the team's work impossible. As the complainant has not asked for reinstatement, he shall receive compensation of 4,000 Deutschmarks with interest at the rate of 10 per cent from the date on which the complaint was filed.
Keywords:
material damages; mistaken conclusion; probationary period; termination of employment; working relations;
Judgment 474
47th Session, 1982
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The decision not to renew the complainant's contract was not based on any objective grounds: his behaviour and work did not prompt such criticism as would warrant the [...] decision[;] there is no reason to suppose that there were any shortcomings which precluded extending his appointment[;] the [organisation] does not contend that keeping the complainant on its staff would be against its own interests. [And it does not cite] the need to carry out structural reform or make savings. The Director-General [...] drew a clearly mistaken conclusion from the facts".
Keywords:
fixed-term; grounds; mistaken conclusion; non-renewal of contract;
Judgment 403
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
Nothing in the dossier confutes the complainant's repeated assertion that she never took time off without permission. In drawing from the dossier "the conclusion that the complainant had taken the decision that she, and only she, would decide how much time she would devote to her duties and that she did not regard it as necessary to obtain the approval of her supervisor [...] the Director-General drew a conclusion that was clearly mistaken."
Keywords:
mistaken conclusion; staff representative; staff union activity; time off; unauthorised absence;
Consideration 18
Extract:
The Director-General issued the complainant, the chairman of a staff association not recognised by the organization, instructions concerning time off in two memoranda. The Tribunal believes that the Director drew clearly erroneous conclusions from the dossier. By way of relief the complainant asks for the withdrawal of the documents mentioned from her file. "The Tribunal considers that in this case the quashing of the decision will afford all the relief necessary."
Keywords:
application for quashing; mistaken conclusion; personal file; staff representative; staff union; time off; warning;
Judgment 359
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[I]t appears from the evidence in the dossier that the circumstances in which the complainant's appointment ended amount to an abuse of authority." [no description of post, no detailed comment on his performance, hence either omission of essential facts or clearly mistaken conclusions from the facts, hence quashing of decision.]
Keywords:
abuse of power; contract; disregard of essential fact; fixed-term; mistaken conclusion; misuse of authority; non-renewal of contract; omission; organisation's duties; performance report; post description;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's post was abolished and for a trial period he was assigned other duties. The Secretary-General was bound to take account of the reports on his performance in the various posts he held. More or less severe criticisms were made of him. In view of the evidence before the Tribunal, the Secretary-General may not be said to have drawn clearly mistaken conclusions therefrom, which warranted the termination of his appointment.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; judicial review; mistaken conclusion; probationary period; qualifications; reassignment; termination of employment; unsatisfactory service;
Judgment 320
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"In reaching the decision that the complainant's performance was unsatisfactory, the Director-General and/or the officials whose conclusions he accepted, relied exclusively on the opinion of [the first level supervisor]. They disregarded the factors that made this opinion unreliable. [...] They disregarded the fact that the conditions under which the complainant was working were not in accordance with his post description." Lastly, they drew false conclusions from the first level supervisor's report. The decision of the Director-General must therefore be set aside.
Keywords:
mistaken conclusion; post description; probation report; probationary period; termination of employment; unsatisfactory service;
Judgment 311
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The transfer decision was a preventive measure because a close dependence of one staff member on another was inadmissible between officials responsible for applying financial control "[T]he decision to transfer [the complainant] was made upon a hypothesis which never in fact matured [...] all the complainant did was, quite correctly, to ask the opinion of his superiors" upon what was a proposal [to open a joint bank account with a colleague] and to drop the matter when they expressed disapproval. "Hence it appears that that decision drew clearly mistaken conclusions from the facts and should therefore be quashed."
Keywords:
flaw; grounds; mistaken conclusion; transfer;
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 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Two conclusions may be drawn from the dossier. First, the complainant has professional and other merits [...]. Secondly, according to his own correspondence his relationship with the chief of his division had deteriorated to the point of precluding co-operation between them. [...] In refusing to renew the complainant's appointment, the Director-General did not draw clearly mistaken conclusions from the dossier."
Keywords:
contract; fixed-term; mistaken conclusion; non-renewal of contract; satisfactory service; supervisor; working relations;
Judgment 247
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although the complainant has not expressly put forward this argument [unwarranted conclusions drawn from the evidence], the Tribunal feels bound to consider it since its jurisdiction requires it to apply the law."
Keywords:
application of law ex officio; mistaken conclusion; tribunal;
Consideration 5
Extract:
"[B]y causing the complainant serious loss which was not justified by the need to safeguard any interest of the [organisation] the Director-General drew from the dossier conclusions which are clearly mistaken."
Keywords:
contract; fixed-term; forfeiture of benefit; injury; mistaken conclusion; non-renewal of contract; organisation's interest; pension; pension entitlements;
Judgment 182
27th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal will not normally entertain complaints about the contents of appraisal reports [...] but in the circumstances of this case the Tribunal feels bound to conclude that the words complained of were inserted in the report under a total misconception of the situation and that justice requires that they should be expunged."
Keywords:
application for quashing; elements; judicial review; mistaken conclusion; performance report; rebuttal; work appraisal;
Judgment 140
22nd Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's services were terminated at the end of the probationary period. He alleges that the Director-General based his decision on information received directly or indirectly from his superior, whom he accuses of bias. "Consequently the question at issue is whether the Director-General misinterpreted the facts or drew false conclusions from them."
Keywords:
bias; mistaken conclusion; probationary period; supervisor; termination of employment;
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;
