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Personal file (155,-666)
You searched for:
Keywords: Personal file
Total judgments found: 39
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Judgment 4837
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who separated from service, contests the placement in his personnel file of a letter stating that he was found to have committed sexual harassment during his employment and that, had he not separated from service, he would have been imposed the disciplinary measure of a final letter of warning.
Consideration 8
Extract:
[H]aving reviewed the applicable rules, the practice of the United Nations and the Tribunal’s case law, particularly stated in consideration 6 of Judgment 4313, the Federation had a legitimate interest [to launch a second investigation and disciplinary process] to correct the initial flawed process (the non-disclosure of the documents to the complainant) and to conclude the process on a proper legal basis and document the outcome on the complainant’s personnel file for its future employment decisions.
Reference(s)
ILOAT Judgment(s): 4313
Keywords:
disciplinary procedure; investigation; personal file;
Judgment 4753
137th Session, 2024
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to place on his personnel file a letter notifying him that he had committed serious misconduct for which he would have been summarily dismissed had he not separated from the IAEA, and to relevantly inform all affected individuals.
Consideration 14
Extract:
The complainant has not established that the investigation and findings of the OIOS in relation to the group complaint against him were legally flawed. Accordingly, there is no basis for concluding that the decision to place the letter of 17 December 2020 on the complainant’s personnel file was infected by legal error. Consequentially, there is no basis for ordering that the letter be removed from the complainant’s personnel file.
Keywords:
administrative decision; flaw; investigation; mistake of law; order; personal file;
Judgment keywords
Keywords:
administrative decision; complaint dismissed; flaw; identical facts; investigation; joinder; personal file;
Consideration 8
Extract:
Ordinarily, a document addressing a staff member’s performance or conduct can, appropriately, be placed on the staff member’s personnel file. However, if the document is legally flawed, an order could be made requiring its removal (see, for example, Judgment 3997, consideration 8). In the present case, the letter of 17 December 2020 might arguably be legally flawed, if there was a flawed process of investigation.
Reference(s)
ILOAT Judgment(s): 3997
Keywords:
administrative decision; conduct; flaw; investigation; order; personal file;
Judgment 4642
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that the EPO failed to keep records of his administrative status.
Judgment keywords
Keywords:
complaint allowed; personal file;
Judgment 4640
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a series of management acts regarding his administrative status.
Consideration 1
Extract:
The complainant requests the Tribunal to order the production of his personal file. The request is rejected as the file is unnecessary for the determination of the issues raised in this complaint.
Keywords:
disclosure of evidence; personal file;
Judgment 4583
135th Session, 2023
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment for reasons of professional unsuitability and the decision to place him on special paid leave until the end of his period of notice.
Consideration 9
Extract:
As relief of moral damages, EMBL will also be ordered to remove the unlawful termination decision […] from the complainant’s personnel file.
Keywords:
moral damages; personal file;
Judgment 4415
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to impose upon him the disciplinary measure of dismissal for misconduct.
Consideration 16
Extract:
[T]he evidence of and reference to the disciplinary proceedings and the disciplinary measure [will] be removed from [the complainant's] personnel file.
Keywords:
order; personal file;
Judgment 4392
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to withdraw the disciplinary sanction of reprimand and remove it from her personal file.
Consideration 11
Extract:
[The complainant’s] request for moral damages [...] will be rejected as she has failed to articulate by evidence, rather than by conjecture, the impact which the insertion of the reprimand into her personal file had upon her.
Keywords:
moral damages; personal file; reprimand;
Consideration 9
Extract:
In any event the contested reprimand had been withdrawn. Accordingly, the issue whether the defence and the annex should still be added to the complainant’s personal file is without object. Furthermore, any document that a permanent employee wishes to add to the personal file must be, in accordance with Article 32(1)(b), related to documents contained in the personal file. As the reprimand was withdrawn, no documents commenting on it can be added to the personal file by the complainant.
Keywords:
personal file;
Judgment keywords
Keywords:
complaint dismissed; personal file;
Judgment 4383
131st Session, 2021
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on her a performance improvement plan (PIP).
Consideration 11
Extract:
[The Administration violated its own procedural rules for the establishment of the subject PIP.] The Federation will […] be ordered to remove the PIP from the complainant’s personnel file.
Keywords:
performance evaluation; personal file;
Judgment 4382
131st Session, 2021
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Secretary General’s decisions to set aside her 2016 performance appraisal only on the basis that it was procedurally flawed, and to insert in her personnel file the impugned decision and the report of the Appeals Commission.
Consideration 8
Extract:
The complainant’s requests for the removal of the Appeals Commission’s report and the impugned decision from her personnel file and to be issued with the certificate are rejected. There is no legal basis for the issue of such a certificate. The Appeals Commission’s report and the impugned decision are essential parts of her personnel history which are properly included in her personnel file.
Keywords:
certificate of service; personal file;
Judgment keywords
Keywords:
complaint dismissed; performance evaluation; personal file;
Judgment 4260
129th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s failure to allow her access to her complete medical file and to provide her with a copy thereof in a timely manner.
Judgment keywords
Keywords:
complaint allowed; decision quashed; medical records; personal file;
Consideration 2
Extract:
Regarding a staff member’s request for the disclosure of her or his medical file, the Tribunal recalls that under its case law, stated for example in Judgment 4118, consideration 5, the principle of transparency as well as the individual’s right to access personal data concerning her or him mean that a staff member must be allowed full and unfettered access to her or his medical file and be provided with copies of the full file when requested (paying the associated costs as necessary). The only situation in which this rule does not apply is where specific circumstances temporarily prevent such access. However, a decision to deny a staff member full access to her or his medical file temporarily must be fully justified and reasonable (see, for example, Judgment 3994, consideration 10). The Tribunal also relevantly stated, in Judgment 3120, consideration 6, that in the absence of specific rules or regulations governing the right of a staff member to access her or his own medical file, that right must be considered to comprehend the right to view and obtain copies of all records and notes in the file, and to add relevant notes to correct any part of the file considered wrong or incomplete, and that, so stated, the right to access one’s own medical file gives effect to the organisation’s duty of transparency.
Reference(s)
ILOAT Judgment(s): 3120, 3994, 4118
Keywords:
disclosure of evidence; medical records; personal file;
Judgment 4066
127th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to promote her in the 2013 promotion exercise.
Consideration 12
Extract:
As to the complainant’s request that the CDP’s written feedback be removed from her personnel file, consistent precedent requires that a staff member should be notified of any document that is placed on her or his file and be given an opportunity to respond to it (see, for example, Judgment 3487, under 9). The written feedback is an integral part of the complainant’s personnel file. The record shows that the complainant had an opportunity to respond to the written assessment. Her written response also forms part of her file. No order to remove the written feedback from her personnel file will be made. It is also assumed that the present judgment will be included in her personnel file.
Reference(s)
ILOAT Judgment(s): 3487
Keywords:
judgment of the tribunal; personal file;
Judgment 3997
126th Session, 2018
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his 2012 performance evaluation.
Consideration 8
Extract:
Potentially the only residual issue is whether there is a basis for, additionally, ordering the removal of the original contentious 2012 performance evaluation from the complainant’s personnel file which the Global Fund has not contended, with any clarity, has already occurred. Such an order is routinely made by the Tribunal in circumstances where the production of an evaluation report or an analogous document is found to have been legally flawed. Indeed it has been put as highly as an entitlement to have it removed. That is to say, a complainant is entitled to an order that the report be removed from the personnel file (see, for example, Judgment 3378, consideration 12).
Reference(s)
ILOAT Judgment(s): 3378
Keywords:
personal file;
Judgment 3725
123rd Session, 2017
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the disciplinary measures imposed on him following an investigation into alleged misconduct.
Consideration 7
Extract:
UNIDO raises receivability as a threshold issue contending that since the complainant sought the removal of adverse material from his personnel file for the first time in the present complaint, this request is irreceivable because he did not exhaust the internal means of redress in relation to it as required by Article VII, paragraph 1, of the Tribunal’s Statute.
The Tribunal rejects this contention as this is an additional request for a remedy arising from existing claims and not a new claim.
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
Keywords:
new claim; personal file;
Judgment 3487
120th Session, 2015
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to allow a “Note for the File” to remain on his personal file.
Judgment keywords
Keywords:
complaint allowed; decision quashed; performance evaluation; personal file; report;
Consideration 9
Extract:
"The Tribunal has stated, for example in Judgment 1135, under 10, that the make-up of a staff member’s file is subject to formal rules calculated to guard against the filing of documents throughout a staff member’s career about her or his conduct which have not been drawn up with due regard to the elementary safeguards of her or his rights. Consistent precedent requires that a staff member should be notified of any document that is placed on her or his file and be given an opportunity to respond to it (see, for example, Judgment 3239, under 10)."
Reference(s)
ILOAT Judgment(s): 1135, 3239
Keywords:
personal file;
Judgment 3239
115th Session, 2013
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal quashed the decision to terminate the complainant’s contract because it was taken on the basis of flawed performance evaluation reports.
Consideration 10
Extract:
Placing a document in a staff member's file is not the same as its notification in due and proper form.
Keywords:
duty to inform; personal file;
Judgment 3198
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the withdrawal from his personal file of the warnings concerning his productivity.
Judgment keywords
Keywords:
cause of action; complaint dismissed; internal remedies not exhausted; personal file;
Judgment 3171
114th Session, 2013
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges a performance evaluation report, alleging that it was in reality retaliation against her.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3010, 3170
Keywords:
complaint allowed; performance report; personal file;
Judgment 2356
97th Session, 2004
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant claims damages for the injury resulting from the inclusion in her personnel file of a memorandum bearing negative remarks about her performance. "While there is no evidence whatsoever to support the complainant's claim that she was humiliated and that her future career prospects were adversely affected by this memorandum, the fact remains that the Appeals Committee found, and the Director-General accepted, that the document should be removed from her file. That necessarily implies an acceptance by the Organization that it had acted wrongly in putting it there in the first place. This entitles her to a nominal award of moral damages which the Tribunal evaluates at 500 euros."
Keywords:
acceptance; advisory opinion; breach; career; claim; executive head; general service category; grade; injury; internal appeals body; lack of evidence; moral injury; official; personal file; request by a party; respect for dignity; right; supervisor; unsatisfactory service;
Judgment 1811
86th Session, 1999
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant asked that his interim report be struck from his personal file on the grounds that it had prompted the refusal of his within-grade step increment. "It stands to reason that the complainant's file should contain any papers lawfully made out and bearing on his services with the organization, save medical reports. [H]is claim to removal of the interim review from his file must fail: there was nothing unlawful about that text and it was in any event superseded by the final appraisal, which was good."
Keywords:
career; complainant; exception; medical records; performance report; personal file; withdrawal of decision; work appraisal;
Judgment 1756
85th Session, 1998
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10(b)
Extract:
"An organisation may not deny an employee access to any significant information which it has about him and which is or may later be put in his personal file. For one thing, such information may be helpful or harmful to him; for another, he must have the opportunity of challenging or adding to it."
Keywords:
duty to inform; organisation's duties; personal file; right of appeal;
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