Judgment No. 4715
Decision
The complaint is dismissed.
Summary
The complainant challenges his staff report for 2014.
Judgment keywords
Keywords
performance report; rating; complaint dismissed
Consideration 5
Extract:
[I]nasmuch as the Tribunal’s case law states that complainants can impugn a decision only if it directly affects them, and cannot impugn a general decision unless and until it is applied in a manner prejudicial to them, they are not prevented from challenging the lawfulness of the general decision when impugning the implementing decision which has generated their cause of action (see, for example, Judgment 4563, consideration 7, and the case law cited therein).
Reference(s)
Jugement(s) TAOIT: 4563
Keywords
general decision
Consideration 11
Extract:
Regarding the complainant’s challenge to the substantive aspects of his 2014 staff report, the Tribunal finds it convenient to repeat the following statement which it made in Judgment 4564, consideration 3, concerning the limited power of review that it exercises in the matter of staff appraisals:
“[A]ssessment of an employee’s merit during a specified period involves a value judgement; for this reason, the Tribunal must recognise the discretionary authority of the bodies responsible for conducting such an assessment. Of course, it must ascertain whether the ratings given to the employee have been determined in full conformity with the rules, but it cannot substitute its own opinion for the assessment made by these bodies of the qualities, performance and conduct of the person concerned. The Tribunal will therefore intervene only if the staff report was drawn up without authority or in breach of a rule of form or procedure, if it was based on an error of law or fact, if a material fact was overlooked, if a plainly wrong conclusion was drawn from the facts, or if there was abuse of authority.”
In Judgment 4637, having recalled that statement, the Tribunal observed, in consideration 13, that:
“Since the Tribunal’s power of review does not extend to determining as such whether appraisals are well founded, the fact that the Appraisals Committee’s power of review is itself confined to assessing whether an appraisal report is arbitrary or discriminatory does not affect the Tribunal’s power of review, which continues to be exercised on the same terms as previously.”
Reference(s)
Jugement(s) TAOIT: 4564, 4637
Keywords
rating; discretion; role of the tribunal
Consideration 12
Extract:
The Tribunal has stated on a number of occasions, and recently with increasing frequency, that it is inappropriate to effectively incorporate by reference into the pleas before the Tribunal arguments, contentions and pleas found in other documents, often a document created for the purposes of internal review and appeal (see, for example, Judgment 3920, consideration 5, and the case law cited therein). The Tribunal would be entitled to disregard those contentions and pleas.
Reference(s)
Jugement(s) TAOIT: 3920
Keywords
complaint; formal requirements
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