Judgment No. 4725
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:
The complainant’s request [...] to declare null and void the Appraisals Committee’s opinion [...] is irreceivable as, in itself, that opinion was merely a preparatory step in the process of reaching the final decision, which the complainant impugns. Established precedent has it that such an advisory opinion does not in itself constitute a decision which may be impugned before the Tribunal (see, for example, Judgments 4637, consideration 5, and 3171, consideration 13).
Reference(s)
ILOAT Judgment(s): 3171, 4637
Keywords
receivability of the complaint; step in the procedure; report of the internal appeals body
Consideration 11
Extract:
As the complainant purports to challenge 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.”
Reference(s)
ILOAT Judgment(s): 4564, 4637
Keywords
rating; discretion; role of the tribunal
Consideration 13
Extract:
Settled case law has it that the complainant bears the burden to provide evidence of sufficient quality and weight to persuade the Tribunal that his allegations of bias or partiality are well founded (see, for example, Judgments 4543, consideration 8, and 3380, consideration 9).
Reference(s)
ILOAT Judgment(s): 3380, 4543
Keywords
burden of proof; bias
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