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Performance evaluation (661,-666)
You searched for:
Keywords: Performance evaluation
Total judgments found: 77
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Judgment 3437
119th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the decision to terminate his contract following the CTA restructuring.
Consideration 9
Extract:
"By [...] commissioning an extraneous body to undertake a task which entailed interfering in the assessment of staff members’ suitability for the available positions, whereas the Staff Regulations made no provision for this, the Centre established an assessment system parallel to that which existed officially and which, moreover, did not offer staff members the safeguards inherent in the official system."
Keywords:
performance evaluation; qualifications;
Judgment 3268
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the establishment of a staff report containing negative comments.
Considerations 9, 12 and 13
Extract:
"Assessment 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 marks given to the employee have been worked out in full conformity with the rules, but it cannot substitute its own opinion for these bodies’ assessment of the qualities, performance and conduct of the person concerned. The Tribunal will therefore interfere in this field only if the decision was taken without authority, if it was based on an error of law or fact, a material fact was overlooked, or a plainly wrong conclusion was drawn from the facts, or if it was taken in breach of a rule of form or procedure, or if there was abuse of authority (see Judgments 2834, under 7, and 3006, under 7). This limitation on the Tribunal’s power of review naturally applies to both the mark given in a staff report and the comments accompanying that mark in the report."
"The restraint which the Tribunal must exercise [...] does not mean that it can disregard the fact that the comment accompanying the complainant’s productivity rating considerably detracts from the marking “good” and that the countersigning officer’s comments underscore that effect. [...] It follows from the foregoing that the [...] disputed staff report must be set aside."
Keywords:
discretion; performance evaluation; rating; supervisor;
Judgment 3241
115th Session, 2013
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her performance reviews for 2008 and 2009.
Consideration 5
Extract:
"[A]n assessment report can constitute a decision adversely affecting the person concerned and may be impugned in proceedings before the Tribunal after internal means of redress have been exhausted. This is buttressed by the statement of principle in Judgment 466, under 3, that such matters may be so challenged since every official has an interest in the proper establishment of reports on her or his performance, on which her or his career will depend. However, such a decision must be challenged in a timely manner and in accordance with the relevant staff rules and regulations. If not so challenged, the decision becomes final and cannot be reopened (see Judgment 3059, under 7)."
Reference(s)
ILOAT Judgment(s): 466, 3059
Keywords:
cause of action; internal remedies exhausted; performance evaluation; performance report; time limit;
Judgment 3240
115th Session, 2013
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the Organization had acted in breach of its own rules on performance appraisal and probationary periods.
Judgment keywords
Keywords:
complaint allowed; decision quashed; performance evaluation; probationary period; rules of the organisation;
Judgment 3228
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests his staff report, alleging that it was flawed by procedural errors.
Judgment keywords
Keywords:
complaint allowed; performance evaluation; performance report; procedural flaw;
Judgment 3216
115th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests her performance appraisal for its content and on the basis of what she considers to be procedural flaws.
Judgment keywords
Keywords:
complaint allowed; decision quashed; investigation report; performance evaluation; procedural flaw;
Judgment 3151
113th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; performance evaluation;
Judgment 3150
113th Session, 2012
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; performance evaluation; unsatisfactory service;
Consideration 9
Extract:
The Tribunal’s case law establishes that a decision not to renew an official’s appointment for unsatisfactory service must be grounded on a consideration of the official’s appraisal reports. Additionally, an international organisation must comply with its own procedures in relation to performance appraisals (see, for example, Judgment 2850, under 10).
Reference(s)
ILOAT Judgment(s): 2850
Keywords:
non-renewal of contract; performance evaluation; unsatisfactory service;
Judgment 3148
113th Session, 2012
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
The Tribunal considers that an assessment report constitutes a decision adversely affecting the person concerned and, as such, it may be contested by means of an internal complaint lodged with the prescribed time limits. It may even be impugned in proceedings before the Tribunal after internal means of redress have been exhausted (see, in particular, Judgment 2991, under 11).
Reference(s)
ILOAT Judgment(s): 2991
Keywords:
performance evaluation;
Judgment keywords
Keywords:
complaint allowed; decision quashed; non-renewal of contract; performance evaluation; unsatisfactory service;
Judgment 3144
113th Session, 2012
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
No final decision was, however, taken on the complainant’s contestation of her performance appraisal. While the Administration could indeed criticise her for not complying with Office Instruction No. 19/2006, because she did not submit a rebuttal statement to the Rebuttal Panel, that did not in any way exempt it from passing on her contestation to the Panel, as its duty of care required of it. Failure to take that step resulted in a denial of justice, because the complainant was deprived of her right to have the form and substance of her contestation examined independently by the appointed body.
Keywords:
performance evaluation;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; performance evaluation;
Judgment 3139
113th Session, 2012
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; non-renewal of contract; performance evaluation;
Judgment 3135
113th Session, 2012
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; performance evaluation;
Judgment 3128
113th Session, 2012
Agency for International Trade Information and Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; performance evaluation;
Judgment 3085
112th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; non-renewal of contract; performance evaluation; retaliation; sexual harassment;
Judgment 3039
111th Session, 2011
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
According to firm precedent, staff reports are essentially discretionary, and the Tribunal will set aside or amend a report only if there is a formal or procedural flaw, a mistake of fact or of law, or neglect of some material fact, or misuse of authority, or an obviously wrong inference from the evidence (see Judgment 2064, under 4, and the case law cited therein).
It is therefore for the complainant to provide evidence to show that the impugned decision is challengeable on one of the above grounds.
Reference(s)
ILOAT Judgment(s): 2064
Keywords:
performance evaluation;
Judgment 2414
98th Session, 2005
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"In Judgment 2170 the Tribunal described the requirement of Staff Rule 12.1.5 that an annual performance report be established prior to the scheduled date of a salary increment as 'a formal one' which had to be complied with. It is important to explain why that was so. A staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed. These are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity. That is why it was said in Judgment 2170 that an organisation must 'conduct its affairs in a way that allows its employees to rely on the fact that [its rules] will be followed'."
Reference(s)
Organization rules reference: Staff Rule 12.1.5 of the ITU
ILOAT Judgment(s): 2170
Keywords:
criteria; due process; duty to inform; good faith; increase; increment; interpretation; organisation's duties; output; patere legem; performance evaluation; performance report; respect for dignity; salary; staff regulations and rules; time limit; unsatisfactory service; work appraisal;
Judgment 1583
82nd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The case law allows wide discretion both in appraising performance and in extending fixed-term appointments. The Tribunal will not interfere unless the decision was taken ultra vires or in breach of a formal or procedural rule, or rests on a mistake of fact or law, or unless some essential fact was overlooked, an obviously wrong conclusion was drawn from the evidence, or there was misuse of authority: see Judgment 1546 [...] and the precedents cited therein.
Reference(s)
ILOAT Judgment(s): 1546
Keywords:
performance evaluation;
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