Satisfactory service (290,-666)

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Keywords: Satisfactory service
Total judgments found: 37

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• Judgment 320

  
  39th Session, 1977
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 12, 13 and 17

  Extract:

  The complainant was denied confirmation of his appointment for unsatisfactory service. The Regional Director had nothing to say on the matter. Had he examined the evidence, he would have observed that the performance appraisals were of questionable value. Neither the evaluations of the complainant's first level supervisor (which diverged inexplicably from earlier reports), nor those of the chief of department (which merely echoed the supervisor's views) afforded a basis for the decision. As a result the Director General's decision must be quashed.

  Keywords:

  different appraisals; flaw; probation report; probationary period; reinstatement; satisfactory service; termination of employment; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 312

  
  38th Session, 1977
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "In the circumstances, the Appeals Committee's finding that [the complainant] was [...] wholly commendable and that her retention in employment would have served the [organization's] interests was no reason for the Director-General, who bears sole responsibility for the smooth running of the organization, not to exercise his authority and, on the expiry of the complainant's appointment, either refuse her a new appointment [...] or conclude a new contract with her or with [someone with different qualifications]."

  Keywords:

  abolition of post; contract; discretion; fixed-term; non-renewal of contract; satisfactory service;
  

  
  
  

• Judgment 306

  
  38th Session, 1977
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complete turn around in assessments of the complainant's work within the space of ten months is unexplainable. The organisation's belated explanations are not borne out by the evidence. "Hence, although the impugned decision cannot be said to have been taken for reasons contrary to the interests of the [service], it is clear at least that the decision drew clearly mistaken conclusions from the facts and should therefore be quashed."

  Keywords:

  amount; contract; different appraisals; fixed-term; mistaken conclusion; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 297

  
  38th Session, 1977
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Two conclusions may be drawn from the dossier. First, the complainant has professional and other merits [...]. Secondly, according to his own correspondence his relationship with the chief of his division had deteriorated to the point of precluding co-operation between them. [...] In refusing to renew the complainant's appointment, the Director-General did not draw clearly mistaken conclusions from the dossier."

  Keywords:

  contract; fixed-term; mistaken conclusion; non-renewal of contract; satisfactory service; supervisor; working relations;
  

  
  
  

• Judgment 294

  
  38th Session, 1977
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  According to the definition in the applicable provision, the increase from one step to the next higher step is given "on the basis of satisfactory service during a qualifying period [...]. This definition must be considered in the light of well-established practice [...]. In practice [...] the qualifying period is virtually a fixed period and an officer whose increment was withheld otherwise than on the grounds of unsatisfactory service would be recognised as having cause for complaint."

  Keywords:

  condition; definition; grounds; increment; increment withheld; satisfactory service;
  

  
  
  

• Judgment 247

  
  33rd Session, 1974
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "Unsatisfactory conduct may or may not affect the quality of the service given. It would be easy to pick out from the [...] examples of misconduct [enumerated in the Regulations] a number which could not affect the service at all. It would also be easy to imagine acts of insubordination or pieces of impertinence which would not affect the service given".

  Keywords:

  conduct; insubordination; satisfactory service; work appraisal;
  

  
  
  

• Judgment 226

  
  32nd Session, 1974
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "Although the dossier as supplemented by the report on the inquiry reveals obvious animosity towards the complainant on the part of her immediate supervisor and the criticisms of her appear fairly mild, especially since she was a beginner, and cast no doubt whatever on her professional competence, it does not appear from the dossier that the impugned decision with regard to a probationer was tainted with any of the irregularities which entitle the Tribunal to interfere."

  Reference(s)

  ILOAT Judgment(s): 194
  

  Keywords:

  bias; flaw; judicial review; probationary period; satisfactory service; supervisor;
  

  
  
  

• Judgment 191

  
  28th Session, 1972
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The Director-General fell into the error of supposing that because the limited part of the complainant's work which he himself saw was bad in his opinion therefore the complainant's work as a whole was to be condemned. In treating as of no account the unanimous opinion of those who were familiar with the whole of [the complainant's] performance, the Director-General failed to take into consideration essential facts of the case. His decision must therefore be quashed."

  Keywords:

  contract; different appraisals; disregard of essential fact; fixed-term; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 169

  
  25th Session, 1970
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "[B]ecause of its tone as well as its content the complainant's correspondence shows a mentality incompatible with the performance of the duties of an international official. In terminating his appointment the Director-General therefore neither misinterpreted the facts brought to his attention nor drew clearly mistaken conclusions." It is irrelevant that the complainant's services were described as satisfactory; "it is not his professional competence but his character which is at issue."

  Keywords:

  conduct; fitness for international civil service; probationary period; satisfactory service; termination of employment;
  

  
  
  

• Judgment 133

  
  21st Session, 1969
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The complainant fulfilled the duties assigned to him in an exemplary manner over a period of 15 years. "He is now approaching 50, and would find it all the more difficult to secure employment outside the organization inasmuch as he has been engaged on specialised duties which have no counterpart in most national administrations or private organizations. He was therefore entitled to the treatment accorded to deserving former staff members, that is to say, he could claim appointment to any vacant post for which he was qualified, with priority over all other candidates."

  Keywords:

  abolition of post; priority; reassignment; satisfactory service; termination of employment;
  

  Consideration 4

  Extract:

  "[I]t is consonant with the spirit of the Rules and Regulations that a staff member who has served the organization in a fully satisfactory manner for a particularly long period, and who might reasonably have expected to finish his career in the same organization, should be treated in a manner more appropriate to his situation. If he loses his post, he may claim to be appointed to any vacant post which he is capable of filling in a competent manner, whatever may be the qualifications of the other candidates [...]. This interpretation [...] take[s] account of the legitimate expectation of staff members [and] is not prejudicial to the organization itself, which has every interest in employing staff members who have shown themselves deserving of confidence over a long period of employment."

  Keywords:

  abolition of post; legitimate expectation; priority; reassignment; satisfactory service;
  

  
  
  

• Judgment 93

  
  16th Session, 1966
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  In exceptional circumstances the Director-General must be able to dismiss an official whose services are satisfactory in the interest of the organization. "It is for the organization to satisfy the Tribunal that such extraordinary circumstances exist. If the organization satisfies the Tribunal of this, the power arises. It is then for the Director-General to decide whether in these circumstances the interests of the organization require the termination of an officer's appointment and the Tribunal will not interfere with that decision unless [...]".

  Keywords:

  burden of proof; discretion; evidence; judicial review; limits; organisation; organisation's interest; satisfactory service; termination of employment;
  

  
  
  

• Judgment 65

  
  11th Session, 1962
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The decision not to renew the complainant's appointment [...] taken on the basis of a single unfavourable report after a long period of satisfactory service, would leave out of account essential material elements and would constitute an obviously wrong conclusion drawn from the record unless the appraisal report and the comments thereon disclosed sufficiently serious deficiencies in the work or conduct of the official concerned to justify by themselves the decision not to renew the official's appointment."

  Keywords:

  conduct; contract; different appraisals; disregard of essential fact; fixed-term; mistaken conclusion; non-renewal of contract; performance report; satisfactory service; unsatisfactory service;
  

  
  
  

• Judgment 32

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The decision of the Director-General to refuse an indeterminate appointment "is particularly serious because it deprives the official concerned of the possibility of making a career within the organization which a lengthy period of satisfactory service had entitled him legitimately to expect [...]. Therefore such a decision should be taken only while fully respecting the provisions of the [Regulations] in order to surround the free decision of the Director-General with the guarantees imposed in the interests both of the organization and of the official concerned."

  Keywords:

  career; contract; due process; flaw; legitimate expectation; organisation's interest; permanent appointment; refusal; satisfactory service; staff member's interest;
  

  
  
  

• Judgment 21

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration on prejudice

  Extract:

  "An official who combines all the necessary qualities has a legitimate expectancy of being offered a new appointment in the position which he occupied [...]. Not only is such an almost absolute quod plerumque fit but also [...] in thus acting the administration has as its objective to create a permanent body of officials experienced in their duties, who are destined to follow a career in the organisation".

  Keywords:

  career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
  

  
  
  

• Judgment 19

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration on prejudice

  Extract:

  Vide Judgment 21, consideration on prejudice.

  Reference(s)

  ILOAT Judgment(s): 21
  

  Keywords:

  career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
  

  
  
  

• Judgment 18

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration on prejudice

  Extract:

  Vide Judgment 21, consideration on prejudice.

  Reference(s)

  ILOAT Judgment(s): 21
  

  Keywords:

  career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
  

  
  
  

• Judgment 17

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration on prejudice

  Extract:

  Vide Judgment 21, consideration on prejudice.

  Reference(s)

  ILOAT Judgment(s): 21
  

  Keywords:

  career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
  

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