Judgment No. 4720
Decision
The complaint is dismissed.
Summary
The complainant challenges his appraisal report for 2015.
Judgment keywords
Keywords
performance report; rating; complaint dismissed
Consideration 6
Extract:
It is at least arguable that a right to challenge a general decision through a challenge to an individual decision implementing it is not an open-ended and enduring right. The right to challenge the individual decision is subject to ordinary time limits. Accordingly, so is, arguably, the right to challenge the general decision (see Judgment 3614). But as this point was not raised in the pleas, the Tribunal will not address it in detail with a view to considering, ex officio, the receivability of this complaint on this basis.
Reference(s)
ILOAT Judgment(s): 3614
Keywords
general decision; individual decision; time limit
Consideration 11
Extract:
Regarding the complainant’s challenge to the substance of his 2015 appraisal report, it is convenient for the Tribunal to recall 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)
ILOAT Judgment(s): 4564, 4637
Keywords
rating; discretion; role of the tribunal
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