Unsatisfactory service (398,-666)
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Keywords: Unsatisfactory service
Total judgments found: 122
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Judgment 1395
78th Session, 1995
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant was dismissed under Staff Rule 2.6.01 which says that "appointments shall terminate on account of [...] g) dismissal for specified reasons of unsuitability." The Tribunal holds that this means, "first that the reasons must be 'specified' in some form that enables the staff member to understand them clearly and, secondly, that the statement of them must be prior to the actual dismissal. It is, after all, a general principle of law that the staff member must be afforded a proper opportunity, again prior to dismissal, to answer any allegations of unsuitability."
Reference(s)
Organization rules reference: EMBL'S STAFF RULE 2.6.01
Keywords:
due process; duty to substantiate decision; flaw; general principle; organisation's duties; reinstatement; right to reply; staff regulations and rules; termination of employment; unsatisfactory service;
Consideration 7
Extract:
The complainant was dismissed on grounds of unsuitability for work without having had a chance to answer the charges against her. The Tribunal orders her reinstatement and observes that she is also "entitled to an award of damages for moral injury in view of her seniority and her humiliation by being told that she 'need not be present in the laboratory until the end of [her] contract'."
Keywords:
moral injury; organisation's duties; reinstatement; respect for dignity; seniority; termination of employment; unsatisfactory service;
Judgment 1371
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's "appraisal reports contain adverse comment by his supervisors, especially on his lack of initiative, and there is no evidence before the Tribunal to suggest that their views were not honestly held or were prejudiced. He was given a proper opportunity to comment on those views and his comments form part of the reports. In the circumstances the Tribunal disallows his application for the removal of them from his personal file."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
bias; good faith; lack of injury; performance report; personal file; right to reply; supervisor; unsatisfactory service; work appraisal;
Judgment 1349
77th Session, 1994
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Professional shortcomings are a typical justification for straightforward separation on expiry of a temporary appointment".
Keywords:
cause; contract; fixed-term; judicial review; non-renewal of contract; organisation's interest; unsatisfactory service;
Judgment 1262
75th Session, 1993
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The case law has made it consistently plain that a decision not to renew a fixed-term appointment, being discretionary, may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority. Moreover, when the reason given for non-renewal is unsatisfactory performance, the Tribunal will not replace the organisation's assessment of the complainant's fitness for his duties with its own."
Keywords:
abuse of power; case law; contract; decision; discretion; disregard of essential fact; fixed-term; flaw; formal flaw; grounds; judicial review; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; procedural flaw; qualifications; unsatisfactory service;
Considerations 6-7
Extract:
"The complainant argues that the ESO drew mistaken conclusions from the facts in that it was not free to have him perform tasks other than those provided for under the terms of his contract [...]. A description of the complainant's post [...] that he himself signed included what were called 'background activities', and they went beyond the tasks that had originally been required of him. The Tribunal is satisfied that by confining himself to [certain tasks] he displayed a lack of commitment which properly put at issue the question as to whether the observatory should extend his contract." The ESO did not draw plainly mistaken conclusions about his performance.
Keywords:
contract; decision; discretion; fixed-term; judicial review; mistaken conclusion; non-renewal of contract; post description; unsatisfactory service; work appraisal;
Judgment 1208
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant objected to the content of her performance appraisal and requested so-called conciliation proceedings under Section 331 of Annex E to the FAO Manual. The Tribunal holds that "the process of conciliation was not properly followed: if it had been, allegations of unsatisfactory conduct would have been distinguished from allegations of unsatisfactory service. That is a distinction that the Tribunal drew in an earlier case against the FAO [...]: see Judgment 247, under 12 and 13."
Reference(s)
Organization rules reference: SECTION 331, ANNEX E, FAO MANUAL
ILOAT Judgment(s): 247
Keywords:
conduct; due process; performance report; procedure before the tribunal; report; staff regulations and rules; unsatisfactory service; work appraisal;
Judgment 1175
73rd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The organisation is free to set quotas for the output of patent examiners. The complainant has failed to offer any evidence to suggest that the quotas the organisation set for him were in any way unreasonable or that, even when he attained them, the evenness of his output was such as the organisation was entitled to expect of him. In the circumstances it is not proven that the decision not to confirm his appointment shows any [...] fatal flaws".
Keywords:
discretion; evidence; output; qualifications; reckoning; staff member's duties; unsatisfactory service; work appraisal;
Judgment 1163
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 9
Extract:
FAO Manual paragraph 308.411 provides for the award of a within-grade salary increment to officials whose service, during a "qualifying period", is satisfactory. The complainant had her annual increment withheld. "Although difficulties were found in the complainant's attitude towards other staff, [her performance reports] do not show such a pattern of conduct as to impair the quality of her work on the assignments she was given. [...] The conclusion is that the conditions in the case law for withholding an increment were not met and that the organization committed a mistake of law in construing and applying 308.411."
Reference(s)
Organization rules reference: FAO MANUAL PARAGRAPH 308.411
ILOAT Judgment(s): 247
Keywords:
accumulation; case law; condition; conduct; enforcement; grounds; increment; increment withheld; interpretation; satisfactory service; staff regulations and rules; step; unsatisfactory service; working relations;
Judgment 1161
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal is satisfied that in this case the President of the Office made proper exercise of the wide discretion he enjoys under Article 13(2) [of the Service Regulations] to decline, on the grounds of poor performance, to confirm the complainant's appointment."
Reference(s)
Organization rules reference: ARTICLE 13(2) OF THE EPO SERVICE REGULATIONS
Keywords:
discretion; probationary period; staff regulations and rules; termination of employment; unsatisfactory service;
Judgment 1138
72nd Session, 1992
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The unsatisfactory nature of [the complainant's] services is well-documented, was the conclusion of objective assessment and amply justified the decision not to renew his contract."
Keywords:
contract; fixed-term; non-renewal of contract; unsatisfactory service;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's appointment was terminated after probation. She objects to the administration's making out a supplementary probation report on her and extending - without so advising her - the period she was to spend on probation in breach of the Regulations. The pleas fail. "The probation report required by Article 36(2) [of the Staff Regulations] need not be a single document but may comprise several, even if they are made out at different dates." As to the length of her probation, it was the complainant herself who asked for the extension and it was not, in the circumstances, to her detriment.
Reference(s)
Organization rules reference: ARTICLE 36(2) OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
extension of contract; formal requirements; lack of injury; period; probation report; probationary period; termination of employment; unsatisfactory service;
Consideration 30
Extract:
"A decision not to confirm a probationer's appointment is at the Director General's discretion and, according to well-established precedent, a discretionary decision may be set aside only if it was taken without authority [etc.] "There will be especial caution in reviewing a decision not to confirm the appointment of a probationer in the light of the material criteria. "Where the reason for refusal of confirmation is, as in the present case, unsatisfactory performance the Tribunal will not replace with its own the organisation's assessment of the official's fitness."
Keywords:
appointment; discretion; judicial review; probationary period; termination of employment; unsatisfactory service;
Judgment 1115
71st Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
The complainant wants the Tribunal to set aside two reports which describe his work as unsatisfactory as well as decisions to suspend his salary step increase and not to extend his appointment. He alleges bad faith and abuse of authority on the part of the administration. There is conflicting evidence. "A complainant must discharge the burden of proof and satisfy an internal appeal body or the Tribunal that the balance of probability is that his allegations of fact are true. [...] The Tribunal has [...] considered all the evidence, including a transcript of a recording the complainant secretly made of a conversation with his supervisor. It finds that he has not discharged the burden of proving his allegations".
Keywords:
abuse of power; appraisal of evidence; burden of proof; complainant; conduct; contract; evidence; fixed-term; good faith; increment withheld; lack of evidence; misuse of authority; non-renewal of contract; performance report; recording; unsatisfactory service;
Consideration 10
Extract:
"The decision [...] to suspend his advancement in step was based on the unsatisfactory performance reports. It was a sanction which the Director General was entitled to impose, after consulting the Joint Advisory Committee, in the light of those reports and in accordance with Rule 10.1.1(a)(3)."
Reference(s)
Organization rules reference: WIPO STAFF RULE 10.1.1(A)(3)
Keywords:
increment withheld; performance report; unsatisfactory service;
Consideration 11
Extract:
"The Director General decided [...] not to allow his request for a permanent appointment on the grounds that he failed to meet the condition of seven years' satisfactory service. The complainant therefore has no right to any further extension".
Keywords:
condition; contract; fixed-term; non-renewal of contract; permanent appointment; refusal; unsatisfactory service;
Judgment 1052
69th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Where the reason given for the non-renewal is unsatisfactory performance, the Tribunal will not replace with its own the organisation's view of the complainant's fitness for his duties."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; unsatisfactory service; work appraisal;
Judgment 1046
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The organization alleges that the reason it put an end to the complainant's appointment was the expiry of his contract. The Tribunal is satisfied that it failed to extend his appointment because his performance was considered unsatisfactory. "The Director-General's decision confirming the complainant's termination must be set aside because he was not separated for the reason it gave."
Keywords:
contract; fixed-term; grounds; judicial review; non-renewal of contract; unsatisfactory service;
Summary
Extract:
The complainant was transferred on 1 February 1988. On 5 February he got notice that his contract would not be renewed because of an unsatisfactory report concerning his new assignment. The Tribunal holds that "it was incumbent on the [organization] to give him a fair trial in the job, and [...] to ask after the lapse of only four days for an immediate replacement was to act with undue haste."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's duties; reasonable time; time limit; unsatisfactory service; work appraisal;
Judgment 1017
69th Session, 1990
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Paragraph 3(v) of an IFAD Administrative Instruction on probation under fixed-term appointments reads: "Where it is deemed by the head of department that the staff member's performance is less than satisfactory, he/she will be immediately informed by the head of department that a decision from the President will be sought to terminate his/her services by letting the period of probation lapse." The President's decision to terminate the complainant's appointment at the end of the extended period of probation was flawed by non-compliance with this requirement. because the decision was in breach of the procedural rule, the Tribunal will set it aside and award the complainant substantial compensation for the improper termination of her contract and for moral damages.
Keywords:
duty to inform; flaw; moral injury; probationary period; procedural flaw; termination of employment; unsatisfactory service;
Judgment 987
68th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The reason given for terminating the complainant's appointment [before the expiry of the probation period] was his unsatisfactory performance and termination on such grounds may be deemed to be action in the organization's interests. The Director-General having wide discretion in the matter, the Tribunal will quash the decision only if it was taken without authority, [etc]".
Keywords:
discretion; judicial review; organisation's interest; probationary period; termination of employment; unsatisfactory service;
Judgment 938
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"A staff member cannot be separated while on sick leave."
Keywords:
contract; extension of contract; fixed-term; illness; non-renewal of contract; organisation's duties; sick leave; unsatisfactory service;
Judgment 922
65th Session, 1988
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
In Judgment 868 the Tribunal quashed the decision to dismiss the complainant on the grounds of unsatisfactory performance and referred the case back to the Union. The organisation having merely confirmed its earlier decision without further inquiry, the new decision is set aside and "the Union shall pay the complainant damages equivalent to the sums he would have been paid had he remained on the staff from the date of his dismissal up to the date of this judgment."
Reference(s)
ILOAT Judgment(s): 868
Keywords:
amount; confirmatory decision; material damages; termination of employment; unsatisfactory service;
Judgment 920
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It is clear form the evidence before the Tribunal that the complainant's objections to the report are unfounded. He knew already, because [his supervisor] had often told him, that his performance was considered poor. The period covered by the report was not too short because the minimum period a report may cover is three months."
Keywords:
performance report; period; rating; rebuttal; unsatisfactory service;
Judgment 907
64th Session, 1988
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant was dismissed a first time on the grounds of abolition of post. That decision having been quashed by the Tribunal, he was dismissed a second time on the grounds of unsatisfactory service. The organisation submits that as the complainant pressed his suit, it had no other choice. "But allowing such a plea would be tantamount to gainsaying the staff member's right to take exception in some instances to the organisation's decision: there is no misconduct in exercising the right of appeal and asking that the decision be lawful."
Keywords:
right of appeal; termination of employment; unsatisfactory service;
Judgment 892
64th Session, 1988
International Office of Epizootics
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Since the assessments of her varied, the Director General was free, in exercising his discretion in the Office's interest, to take account only of the factors that he thought ruled out renewal."
Keywords:
contract; different appraisals; discretion; executive head; fixed-term; non-renewal of contract; unsatisfactory service; work appraisal;
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