Judgment No. 4718
Decision
The complaint is dismissed.
Summary
The complainant challenges his appraisal report for 2015.
Judgment keywords
Keywords
performance report; rating; complaint dismissed
Considerations 4 & 13
Extract:
As the complainant challenged the impugned decision on procedural and substantive grounds, the Tribunal recalls 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.”
[...]
[T]he Tribunal recalls its case law, stated, for example, in consideration 13 of Judgment 4637, referring to Judgment 4257, that its power to review appraisal reports is limited to considering, among other things, whether there was illegality in drawing up the contested report. Additionally, as the Tribunal’s power of review does not extend to determining whether the report was well founded, the fact that the Appraisals Committee’s mandate 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)
ILOAT Judgment(s): 4257, 4564, 4637
Keywords
rating; discretion; role of the tribunal
Consideration 5
Extract:
[T]he joinder of a complaint with pending internal appeals is not possible.
Keywords
joinder
Consideration 6
Extract:
The complainant’s requests to set aside the various guidelines, notices and communiqués, which, he alleges, unlawfully damaged his rights, are also irreceivable. [T]he complainant states that he has already challenged them in a number of internal appeals. His attempt to challenge them in these proceedings is therefore an impermissible duplication of proceedings (see, for example, Judgment 3146, consideration 11).
Reference(s)
ILOAT Judgment(s): 3146
Keywords
duplication of proceedings
|
