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Rating (288,-666)
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Keywords: Rating
Total judgments found: 54
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Judgment 4795
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his performance evaluation report for 2018.
Consideration 7
Extract:
[T]he Tribunal has already ruled, in relation to the objection procedure applicable to appraisals of other permanent employees of the Office, which shares these same features mutatis mutandis, that the fact that no staff representatives were included on the Appraisals Committee competent to review the appraisal reports of those other employees did not mean that the Committee’s composition was inadequate, and the fact that the Committee’s mandate was confined to determining whether such reports were arbitrary or discriminatory was legally admissible (see Judgments 4637, considerations 11 and 13, and 4257, consideration 13).
Reference(s)
ILOAT Judgment(s): 4257, 4637
Keywords:
advisory body; performance report; rating; staff representative;
Considerations 9-10
Extract:
As the Tribunal has repeatedly held in its case law, assessment of anemployee’s merits 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 (see, for example, Judgments 4564, consideration 3, 4267, consideration 4, 3692, consideration 8, 3228, consideration 3, and 3062, consideration 3).
Among the various pleas entered by the complainant [...], there is one that is decisive for the outcome of this dispute, [...] since it relates to a material fact that was allegedly overlooked. This is the plea that the President of the Boards of Appeal refused to take account of the fact that the 50 per cent exemption from duties granted to the complainant as a full member of the CSC, pursuant to Article 3(2) of Circular No. 356 concerning the resources and facilities to be granted to the Staff Committee, was insufficient in the light of actual needs observed.
Reference(s)
ILOAT Judgment(s): 3062, 3228, 3692, 4267, 4564
Keywords:
discretion; judicial review; performance report; rating; staff representative;
Consideration 7
Extract:
[A]lthough the complainant submits that the time limits prescribed by [...] Communiqué [2/17] for submitting comments on the opinion issued by the chairman of the Board and for lodging an objection to the performance evaluation report are unreasonably short, that is ten days in each case, the Tribunal considers that, while the periods are indeed brief, they are not so to a degree that would breach the principles of the right to effective appeal and the right to due process.
Keywords:
performance report; rating; right of appeal; time limit;
Consideration 4
Extract:
the complainant argues, in the first place, that the procedure leading to the adoption of Communiqué 2/17 was flawed because it was not submitted to the General Consultative Committee (GCC) [for consultation].
[...]
Article 1(4) of the Service Regulations provides that the regulations are to apply to members of the Boards of Appeal “in so far as they are not prejudicial to their independence”. The appraisal of members of those Boards is one of the particular problems associated with the guarantees of independence from which those members benefit. In addition, relating more generally to measures that specifically deal with the conditions of employment of members of the Boards of Appeal, it is apparent from the file [...] that, in view of this requirement for independence, it was increasingly seen as inappropriate for such measures to be subject to consultation with the GCC, especially given that that body is chaired by the President of the Office and half of its members are appointed by him. As a consequence, it became the practice, for measures of this type, to replace consultation with the GCC by consultation with the Presidium of the Boards of Appeal, an autonomous authority provided for in Rule 12b of the Implementing Regulations to the Convention, whose role, under paragraph 3 of that rule, includes “advis[ing] the President of the Boards of Appeal on matters concerning the functioning of the Boards of Appeal Unit in general” [...]. This practice was eventually codified in 2019 by the insertion of paragraph 8 into Article 38 of the Service Regulations, which expressly provides for consultation with the Presidium in such a situation rather than with the GCC.
This is the procedure that was followed for the drafting of Communiqué 2/17. Admittedly, the new version of Article 38 was not in force at that time. However, as just explained, even before the amendment was made to the Service Regulations, a practice existed to that effect and, contrary to what the complainant maintains, was already in use at the time when the Communiqué was issued, as evidenced by examples supplied by the EPO of previous consultations on other matters. Furthermore, although it is well-established case law that a practice cannot become legally binding where it contravenes rules already in force (see, for example, Judgments 4555, consideration 11, and 4026, consideration 6), the Tribunal considers that, in view of the aforementioned wording of Article 1(4) of the Service Regulations, the practice in question cannot be regarded as contravening the applicable rules. The lack of consultation with the GCC did not, therefore, constitute an irregularity.
Reference(s)
ILOAT Judgment(s): 4026, 4555
Keywords:
consultation; independence; interpretation of rules; practice; rating;
Consideration 14
Extract:
The complainant asks that he be awarded the “average rating of ‘fulfils the requirements’” [...].
It is not for the Tribunal, whose role is not to supplant the administrative bodies responsible for staff appraisals within an international organisation, to determine the rating to be given to an employee in a performance evaluation report (see, for example, Judgments 4564, consideration 2, and 4258, considerations 2 and 3).
Reference(s)
ILOAT Judgment(s): 4258, 4564
Keywords:
performance report; rating; role of the tribunal;
Judgment keywords
Keywords:
complaint allowed; performance report; rating;
Judgment 4794
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2016.
Judgment keywords
Keywords:
complaint dismissed; performance evaluation; performance report; rating;
Consideration 9
Extract:
As for the complainant’s contention that the objection procedure before the Appraisals Committee set out in Circular No. 366 does not offer the same safeguards as the internal appeal procedure before the Appeals Committee, the complainant has not put forward any arguments showing the objection procedure to be flawed. The Tribunal recalls that respect for the adversarial principle and the right to be heard requires that the official concerned be afforded the opportunity to comment on all relevant issues relating to the contested decision (see, for example, [...] Judgment 4637, consideration 12, and Judgments 4408, consideration 4, and 2598, consideration 6).
Reference(s)
ILOAT Judgment(s): 2598, 4408, 4637
Keywords:
adversarial proceedings; rating; right to be heard;
Considerations 10 & 12
Extract:
[T]he fact that the Appraisals Committee’s mandate is confined to determining whether an appraisal report is arbitrary or discriminatory does not in itself render the procedure flawed, as the Tribunal also noted in the aforementioned Judgments 4637, consideration 13, and 4257, consideration 13. In addition, the Appraisals Committee’s restricted mandate in this regard does not limit the extent of the Tribunal’s judicial role in this area. It must be recalled that the Tribunal can exercise only a limited power of review in the matter of staff appraisals. In Judgment 4564, consideration 3, the Tribunal reiterated the following in this regard:
“[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. Regarding the rating of EPO employees, those criteria are the more stringent because the Office has a procedure for conciliation on staff reports and the Service Regulations entitle officials to appeal to a [...] body [...]”
Since the Tribunal does not have the ability to substitute its own assessment for that made by the persons or bodies responsible for assessing an employee’s merits, 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 exercise that the complainant is asking the Tribunal to undertake with regard to the assessment of his productivity and his overall evaluation amounts in reality to a re-evaluation of his performance for 2016. However, that is a misconstruction of the Tribunal’s role, given the limited power of review the Tribunal may exercise in this matter according to its settled case law (see, for example, the aforementioned Judgment 4564, consideration 3, which was cited in the aforementioned Judgment 4637, consideration 13).
Reference(s)
ILOAT Judgment(s): 4564, 4637
Keywords:
discretion; rating; role of the tribunal;
Judgment 4793
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2016.
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
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:
judicial review; performance evaluation; performance report; rating; role of the tribunal;
Judgment 4792
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2016.
Considerations 3 & 11
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.”
[…]
Regarding the third plea, the complainant’s argument to the effect that his 2016 performance assessment was not thoroughly done and was “extremely thin” implicitly invites the Tribunal into the realm of technical considerations regarding appraisal assessments that are not within its purview […].
Reference(s)
ILOAT Judgment(s): 4564
Keywords:
judicial review; performance evaluation; performance report; rating; role of the tribunal;
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
Judgment 4791
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her appraisal report for 2016.
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
Considerations 4 & 8
Extract:
The complainant’s requests […] to declare her 2016 appraisal report null and void, and […] to declare the whole appraisal procedure null and void, including the appraisal report, are noted. The Tribunal simply observes that it may, if appropriate, set aside the contested appraisal report at the same time as the impugned decision and remit the matter to the EPO for review.
[…]
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:
judicial review; performance evaluation; performance report; rating; role of the tribunal;
Judgment 4790
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2016.
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
Considerations 2 & 7
Extract:
The complainant’s request in item (2) to order that his 2016 appraisal report be amended so that he receives an overall performance rating of “above the level required for the function” instead of “corresponding to the level required for the function” is rejected as irreceivable as it is not within the Tribunal’s power to change the overall assessment rating in an appraisal report (see, for example, Judgments 4720, consideration 4, 4719, consideration 7, 4718, consideration 7, and 4637, consideration 13).
[…]
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, 4637, 4718, 4719, 4720
Keywords:
judicial review; performance evaluation; performance report; rating; role of the tribunal;
Judgment 4789
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2016.
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
Consideration 6
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:
judicial review; performance evaluation; performance report; rating; role of the tribunal;
Judgment 4788
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2016.
Considerations 4 & 7
Extract:
The complainant’s request for the orders stated in items (4), (5) and (7) are rejected as, in the main, they involve an impermissible determination by the Tribunal of what the appraisal should be. The 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. It is not within the Tribunal’s power to change the overall assessment rating or to upgrade the evaluation of the functional and core competencies in an appraisal report (see also Judgments 4720, consideration 4, 4719, consideration 7, 4718, consideration 7). The Tribunal may, if necessary, set aside the contested appraisal report at the same time as the impugned decision and remit the matter to the EPO for review.
[…]
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): 4257, 4564, 4718, 4719, 4720
Keywords:
judicial review; performance evaluation; performance report; rating; role of the tribunal;
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
Judgment 4787
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her appraisal report for 2016.
Considerations 1, 5, 7 & 8
Extract:
The Tribunal rejects the complainant’s request for an order that the EPO issues a “flawless” appraisal report for 2016 so that she receives an overall performance rating of “above the level required for the function” rather than “corresponding to the level required for the function”. In the main, such request involves an impermissible determination by the Tribunal of what the appraisal should be. The Tribunal may, if appropriate, set aside the contested appraisal report at the same time as the impugned decision and remit the matter to the EPO for review.
[…]
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.”
[…]
[T]he well-established principle that appraisal reports are discretionary decisions that are subject to only limited review […]
[…]
[I]t is not within the Tribunal’s power to change the overall assessment rating in an appraisal report (see, for example, Judgments 4720, consideration 4, 4719, consideration 7, 4718, consideration 7, and 4637, consideration 13).
Reference(s)
ILOAT Judgment(s): 4564, 4637, 4718, 4719, 4720
Keywords:
judicial review; performance evaluation; performance report; rating; role of the tribunal;
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
Judgment 4786
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her appraisal report for 2016.
Considerations 1 & 4
Extract:
The Tribunal rejects the complainant’s request for an order that the EPO issues a new “flawless” appraisal report for 2016. In the main, such request involves an impermissible determination by the Tribunal of what the appraisal should be. The Tribunal may, if appropriate, set aside the contested appraisal report at the same time as the impugned decision and remit the matter to the EPO for review.
[…]
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:
judicial review; performance evaluation; performance report; rating; role of the tribunal;
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
Judgment 4731
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her staff report for the period 2008-2009.
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
Considerations 4-5
Extract:
As for the complainant’s claim for the revision of some of the comments in the final staff report, the Tribunal notes firstly that it is difficult to understand how the complainant could have been adversely affected by those comments as such, given that she does not, in any case, dispute the “good” ratings ultimately awarded to her under those headings. Above all, however, in requesting the Tribunal to review and rewrite some of the comments that appear under two of the headings in her staff report, the complainant plainly misunderstands the nature of the review with which the Tribunal is tasked. 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 (see Judgment 4564, consideration 2). In the matter of staff appraisal, the Tribunal exercises only a limited power of review (see, for example, Judgment 4637, consideration 13, and the case law cited therein), which does not involve reassessment of performance (see also Judgments 4258, consideration 2, and 4257, consideration 3). It is clear from consideration 3 of Judgment 4564 that:
“The Tribunal will [...] 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. Regarding the rating of EPO employees, those criteria are the more stringent because the Office has a procedure for conciliation on staff reports and the Service Regulations entitle officials to appeal to a joint body whose members are directly familiar with the workings of the Office (see, for example, Judgments 1688, consideration 5, 3062, consideration 3, 3228, consideration 3, 3268, consideration 9, 3692, consideration 8, and 4258, consideration 2).”
The Tribunal has already indicated that a request for a staff report to be amended which does not meet these criteria can only be dismissed (see, to that effect, Judgments 4564, consideration 2, and 4258, considerations 2 and 3). The same applies to a request for amendment which does not concern the final rating given in the disputed staff report but relates to the wording of the observations and/or comments which formed the basis for that rating, especially where the rating is not challenged by the employee in question. In Judgment 3692, consideration 8, the Tribunal also stated that the limitation on its power of review “naturally applies to both the rating given in a staff report and the comments accompanying that rating”.
Reference(s)
ILOAT Judgment(s): 1688, 3062, 3228, 3268, 3692, 4257, 4258, 4564, 4637
Keywords:
rating; role of the tribunal;
Judgment 4726
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2015.
Consideration 8
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:
discretion; rating; role of the tribunal;
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
Judgment 4725
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2015.
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
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:
discretion; rating; role of the tribunal;
Judgment 4724
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her appraisal report for 2015.
Judgment keywords
Keywords:
complaint allowed; performance report; rating;
Consideration 2
Extract:
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:
discretion; rating; role of the tribunal;
Judgment 4723
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2015.
Judgment keywords
Keywords:
complaint allowed; performance report; rating;
Consideration 2
Extract:
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:
discretion; rating; role of the tribunal;
Judgment 4722
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2015.
Judgment keywords
Keywords:
cause of action; complaint dismissed; rating;
Consideration 5
Extract:
In consideration 8 of Judgment 3739, the Tribunal confirmed its case law which states that, for there to be a cause of action, a complainant must demonstrate that the contested administrative action caused injury to her or his health, finances or otherwise or that it is liable to cause injury. The complainant does not demonstrate that the result of the reporting exercise, which he does not contest, has caused any injury to his health, financially or otherwise, or that it is liable to cause him injury. Accordingly, the complaint is irreceivable and will be dismissed [...].
Reference(s)
ILOAT Judgment(s): 3739
Keywords:
cause of action; rating;
Judgment 4721
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her appraisal report for 2015.
Consideration 8
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:
discretion; rating; role of the tribunal;
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
Judgment 4720
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2015.
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:
discretion; rating; role of the tribunal;
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
Judgment 4719
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2015.
Consideration 11
Extract:
Regarding the complainant’s challenge to the substantive aspects of his 2015 appraisal report, it is convenient to recall the following statement which the Tribunal 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 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:
discretion; rating; role of the tribunal;
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
Judgment 4718
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2015.
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:
discretion; rating; role of the tribunal;
Judgment keywords
Keywords:
complaint dismissed; performance report; rating;
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