Judgment No. 4793
Decision
The complaint is dismissed.
Summary
The complainant challenges his appraisal report for 2016.
Judgment keywords
Keywords
performance report; rating; complaint dismissed
Consideration 2
Extract:
[T]he Tribunal’s case law makes it clear that staff members may only challenge a general decision to the extent that they impugn an individual decision, stemming from that general decision, concerning them (see, for example, Judgment 3494, consideration 4).
Reference(s)
ILOAT Judgment(s): 3494
Keywords
general decision
Consideration 5
Extract:
As the complainant challenges the impugned decision on procedural and substantive grounds, the Tribunal recalls the following statement which it made in Judgment 4564, considerations 2 and 3, concerning the limited power of review that it exercises in the matter of staff appraisals:
“It is not for the Tribunal, whose role is not to supplant the administrative authorities of an international organisation, to conduct an assessment of an employee’s merits instead of the competent reporting officer or the various supervisors and appeals bodies which may be called upon to revise that assessment. [...]
[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.”
Reference(s)
ILOAT Judgment(s): 4564
Keywords
performance report; rating; judicial review; performance evaluation; role of the tribunal
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