Judgment No. 255
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
The applicable provision stipulates that the evaluation given in appraisal reports shall serve as the basis for assistance extended to a staff member to improve his services and for decisions concerning that staff member's status and maintenance in the organization. It is open to question whether this provision, having regard to these objects, applies at all in the case of a staff member who has retired. If it does, there could be no relief for a breach of it except by the payment of compensation. In the present case, the complainant could not suffer injury from a statement assessing his work during the final 11 months of his service.
Keywords
lack of injury; complainant; enforcement; work appraisal; performance report; separation from service; retirement; purpose
Considerations
Extract:
On 23 January the complainant received an appraisal report. On 20 March he requested that a proper appraisal be made. The letter of 23 January "is not expressed as a decision but as a letter enclosing an appraisal report [...] The complainant [...] did not wish to disagree with the report; he wished to contend that it was not an appraisal report at all and to obtain what he called a proper report. He was within his rights in taking this course by his letter of 20 March; and since the Director-General has failed to act upon it paragraph 3 of Article VII applies."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords
failure to answer claim; receivability of the complaint; exception; performance report; omission
Considerations
Extract:
The letter from the chief of personnel "is not expressed as a decision but as a letter enclosing an appraisal report [...] The complainant however did not wish to disagree with the report; he wished to contend that it was not an appraisal report at all and to claim what he called a proper report. He was within his rights in taking this course by his letter [...] and since the Director-General has failed to act upon it paragraph 3 of Article VII applies."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords
implied decision; failure to answer claim; receivability of the complaint; direct appeal to tribunal; performance report; omission
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