Unsatisfactory service (398,-666)
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Keywords: Unsatisfactory service
Total judgments found: 122
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Judgment 868
63rd Session, 1987
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The inconsistent evaluations of the complainant's work by the spokesman for the group cast doubt on the correctness of the decision to dismiss him on the grounds of unsatisfactory performance; the arrangements made for the later test were improper, and the importance of it was not clearly made known to him; and thirdly, the spokesman of the group disregarded his age and earlier career in the Union."
Keywords:
contract; different appraisals; disregard of essential fact; permanent appointment; termination of employment; unsatisfactory service; work appraisal;
Judgment 857
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal observes that the non-renewal of the complainant's appointment was not tainted by any fatal flaw. The decision was taken by the Director-General at his discretion and was founded on inadequacies in the complainant's work and on the needs of the organization.
Keywords:
contract; discretion; fixed-term; non-renewal of contract; organisation's interest; unsatisfactory service;
Judgment 807
61st Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The sole and obvious purpose [of the impugned decisions] was to get rid of someone whose work was, in the administration's view, no longer satisfactory and whose presence was disrupting the section. The dismissal is therefore tainted with abuse of authority and the decisions challenged must be set aside."
Keywords:
abolition of post; abuse of power; conduct; grounds; misuse of authority; termination of employment; unsatisfactory service; working relations;
Judgment 736
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The substantial claim is for wrongful dismissal. The complainant was dismissed under Article 13(2) of the Service Regulations as a consequence of two adverse probation reports. If the reports are correct and fair, they afford adequate grounds for the termination of his employment, which is a matter for the President's discretion."
Reference(s)
Organization rules reference: ARTICLE 13.2 OF THE EPO SERVICE REGULATIONS
Keywords:
discretion; judicial review; probation report; probationary period; termination of employment; unsatisfactory service;
Judgment 723
58th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The Director-General's implied endorsement of the performance report, his postponement of the increment and the transfer are all discretionary decisions and, moreover, ones that fall within an area in which the Tribunal will not ordinarily interfere."
Keywords:
discretion; increment withheld; judicial review; performance report; rating; transfer; unsatisfactory service;
Judgment 687
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant was dismissed for reasons of unsatisfactory performance after a six-month extended period of probation even though his work showed improvement during the extension. It does not "matter that the complainant experienced difficulties in the first year of probation. In agreeing to extend the probation the President acknowledged that there might be improvement, and indeed there was. It was a serious abuse of discretion for him to overlook those facts unless the dossier contains evidence produced after the end of the normal probation period."
Keywords:
disregard of essential fact; extension of contract; probationary period; satisfactory service; termination of employment; unsatisfactory service;
Judgment 665
56th Session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The reason given for non-renewal of the complainant's contract was unsatisfactory performance. The evaluation report for 1981 was signed long after the time limit laid down in the Staff Rules. Only a few weeks elapsed between the completion of the 1981 report and the processing of the 1982 report. As a result, the impugned decision took no account of the fact that between the complainant's two last performance reports he was not given time to add his objections or to show he could come up to expectation. The decision overlooked an essential fact and drew clearly mistaken conclusions from the evidence. The complainant is entitled to damages.
Keywords:
administrative delay; contract; disregard of essential fact; fixed-term; flaw; material damages; mistaken conclusion; moral injury; non-renewal of contract; performance report; right to reply; time limit; unsatisfactory service;
Judgment 628
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The responsible officers carried out an on-the-spot investigation and concluded that the decision not to renew the complainant's contract was correct. "There is no reason to believe that these experienced officers would not be able to assess, quite dispassionately and accurately, the work performance of the complainant or that their advice was not fair and unprejudiced."
Keywords:
contract; fixed-term; inquiry; investigation; non-renewal of contract; unsatisfactory service;
Judgment 588
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"In endorsing the adverse comments in the last report the WHO did not rely on isolated or incorrect facts or draw clearly mistaken conclusions from the evidence. [...] The Director took account only of what was revealed by the report [...] and he considered the complainant's comments thereon. His decision to terminate the appointment shows none of the defects [which could lead the Tribunal to quash it] and is sound in law."
Keywords:
contract; fixed-term; judicial review; mistaken conclusion; non-renewal of contract; performance report; unsatisfactory service;
Judgment 512
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
According to Judgment No. 247, "to bring insubordination within the concept of unsatisfactory service - and to with hold an increment on that account - two conditions must be fulfilled. The positive condition is that it must be established that the insubordination did in the particular case affect the quality of the officer's service. The negative condition is that the insubordination must not in the particular case give rise to a dispute."
Reference(s)
ILOAT Judgment(s): 247
Keywords:
condition; increment withheld; insubordination; unsatisfactory service;
Judgment 455
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant had a fixed-term appointment of two years, including one year's probation. The probationary period was extended with an indication that without substantial improvement the appointment would be terminated. His contract was terminated under a provision "that the Director-General may at any time terminate the appointment of a staff member who is serving a probationary period if in his opinion it would be in the interests of the organization to do so. [...] Where, as in this case, there is ample evidence to support the conclusion that the complainant's work was unsatisfactory [...] it is not open to the Tribunal to reassess the evidence".
Keywords:
discretion; judicial review; organisation's interest; probationary period; termination of employment; unsatisfactory service;
Judgment 450
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant's "pleas in support of her contention [that the organization manifested prejudice against her] therefore do not appear to carry any greater weight than those put forward against it. Accordingly, in implying that her performance and her relations with her supervisors were unsatisfactory the [decision to transfer her] is not tainted with any error of fact and did not leave essential facts out of account. Indeed it came within the scope of the Director's discretion."
Keywords:
judicial review; transfer; unsatisfactory service; work appraisal; working relations;
Judgment 437
45th Session, 1980
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"For [a claim for damages for moral prejudice] to succeed the organisation's attitude ought to have caused him emotional disturbance beyond that caused by the ordinary setbacks of life." This was not the case; the fault of which he was accused - not keeping proper working hours - did not cast any discredit on him. "Besides, to award damages for moral prejudice would be to allow that the charge was false, and that, on the evidence before it, the tribunal cannot do."
Keywords:
condition; moral injury; unsatisfactory service; work appraisal;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"There was one consideration which alone warranted the non-renewal of [the complainant's] appointment. That was the organisation's straitened financial circumstances [...] which required a reduction in staff. It was no abuse of authority for the Director-General to decide that, of those whose appointment the organisation was considering terminating, the choice should fall on the complainant: she held a fixed-term appointment and had received less satisfactory performance reports than other members of the staff."
Keywords:
budgetary reasons; contract; fixed-term; grounds; non-renewal of contract; staff reduction; unsatisfactory service;
Judgment 389
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Since the complainant failed to come up to the [organization's] expectations during the probationary period, he had no right to ask for a transfer to another post." The refusal to assign him elsewhere was correct. Insofar as that decision was taken on the grounds of his unsatisfactory performance it is warranted for a reason of fact which the Tribunal will not question. "The [organization] was not bound to find alternative employment for a staff member whose appointment was correctly terminated during the probationary period."
Keywords:
organisation's duties; probationary period; termination of employment; unsatisfactory service;
Consideration 3
Extract:
On several occasions the complainant was criticised for his inability to carry out his duties [too academic, lack of practical sense, insufficient knowledge of language of communication]. His transfer was requested. "Since those criticisms were made by the complainant's immediate supervisors [...] they demanded attention. [...] It was open to the Director-General, without exceeding or abusing his discretionary authority, to conclude that it would not be in the [organization's] interests to continue to employ the complainant."
Keywords:
discretion; knowledge of languages; organisation's interest; probationary period; qualifications; termination of employment; unsatisfactory service;
Judgment 376
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Tribunal will accept the unanimous opinion of the Medical Board, which consisted of three especially well-qualified physicians [...]." The organization was unable to find a post which, on the advice of the physicians, would have been suitable. The complainant's performance was not beyond criticism but the main reason for the impossibility of finding a suitable post for her "was that her duties were highly technical and so there were few posts suitable for her". Her appointment was terminated correctly.
Keywords:
health reasons; medical board; medical opinion; termination of employment; termination of employment for health reasons; unsatisfactory service;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's post was abolished and for a trial period he was assigned other duties. The Secretary-General was bound to take account of the reports on his performance in the various posts he held. More or less severe criticisms were made of him. In view of the evidence before the Tribunal, the Secretary-General may not be said to have drawn clearly mistaken conclusions therefrom, which warranted the termination of his appointment.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; judicial review; mistaken conclusion; probationary period; qualifications; reassignment; termination of employment; unsatisfactory service;
Judgment 320
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"In reaching the decision that the complainant's performance was unsatisfactory, the Director-General and/or the officials whose conclusions he accepted, relied exclusively on the opinion of [the first level supervisor]. They disregarded the factors that made this opinion unreliable. [...] They disregarded the fact that the conditions under which the complainant was working were not in accordance with his post description." Lastly, they drew false conclusions from the first level supervisor's report. The decision of the Director-General must therefore be set aside.
Keywords:
mistaken conclusion; post description; probation report; probationary period; termination of employment; unsatisfactory service;
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 318
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[S]ince the purpose of probation is to find out whether the probationer is suited for service and should have his appointment confirmed, the Director-General may dismiss him if satisfied that he does not have the right qualifications."
Keywords:
probationary period; purpose; qualifications; termination of employment; unsatisfactory 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;
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