Performance (955,-666)

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Keywords: Performance
Total judgments found: 6

• Judgment 4770

  
  137th Session, 2024
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to dismiss him for misconduct.

  Consideration 20

  Extract:

  [T]he complainant’s previous period of unblemished service with the [Organization] was not, by itself, a mitigating factor (see Judgment 3083, consideration 20), even though in some cases it can be (see Judgment 4457, consideration 20).

  Reference(s)

  ILOAT Judgment(s): 3083, 4457
  

  Keywords:

  disciplinary measure; mitigating circumstances; performance;
  

  
  
  

• Judgment 4678

  
  136th Session, 2023
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decisions not to extend his fixed-term contract due to unsatisfactory performance and to withhold his within-grade salary increment.

  Consideration 4

  Extract:

  [T]he Tribunal recalls its well-established case law regarding decisions concerning staff performance appraisals and renewal of fixed-term appointments. Organizations have wide discretion in taking such decisions, which are therefore subject to only limited review by the Tribunal, which will interfere only if a decision was taken in breach of applicable rules on competence, form or procedure, if it was based on a mistake of fact or of law, if an essential fact was overlooked, if a clearly mistaken conclusion was drawn from the facts, or if there was abuse of authority (see Judgment 4170, consideration 9, and the case law cited therein). Where the reason for not renewing a contract is the unsatisfactory nature of the performance of a staff member, who is entitled to be informed in a timely manner as to the unsatisfactory aspects of her or his service, the organization can base its decision only on an assessment carried out in compliance with established rules (see, in particular, Judgment 2991, consideration 13, and the case law cited therein). This presupposes that the person in question has been informed in advance of what is expected of her or him, in particular by the communication of a precise description of the objectives set (see Judgment 3148, consideration 25).

  Reference(s)

  ILOAT Judgment(s): 2991, 3148, 4170
  

  Keywords:

  fixed-term; non-renewal of contract; performance; role of the tribunal; unsatisfactory service;
  

  
  
  

• Judgment 4543

  
  134th Session, 2022
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges her performance evaluation for 2016.

  Judgment keywords

  Keywords:

  complaint dismissed; performance;
  

  Consideration 4

  Extract:

  [T]he Tribunal recalls that under its settled case law, 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. The Tribunal will set aside a performance evaluation report only if there is a formal or procedural flaw, a mistake of fact or law, or neglect of some material fact, or misuse of authority or an obviously wrong inference drawn from the evidence (see, in particular, Judgments 3692, consideration 8, 3842, consideration 7, and 4010, consideration 5).

  Reference(s)

  ILOAT Judgment(s): 3692, 3842, 4010
  

  Keywords:

  discretion; performance; role of the tribunal;
  

  
  
  

• Judgment 4542

  
  134th Session, 2022
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges her performance evaluation during her probationary period.

  Judgment keywords

  Keywords:

  complaint allowed; performance; probationary period;
  

  
  
  

• Judgment 4513

  
  134th Session, 2022
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to convert his appointment as a graduate when it expired and to terminate it.

  Consideration 5

  Extract:

  Under the Tribunal’s case law, the decision not to renew a fixed-term contract is a discretionary decision, but if the decision rests on poor performance, the assessment of that performance has to be made in accordance with the rules established for that purpose; this is allied with an obligation to afford an opportunity to improve (see, in particular, Judgment 4289, under 7, and the case law cited therein). These principles are also applicable when, as in the present case, a decision is to be taken on whether to convert a graduate appointment into an appointment for an undetermined period or a limited period.

  Reference(s)

  ILOAT Judgment(s): 4289
  

  Keywords:

  non-renewal of contract; performance; short-term;
  

  
  
  

• Judgment 4502

  
  134th Session, 2022
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to reclassify her post.

  Consideration 13

  Extract:

  As the excerpts from Judgment 4221, consideration 11, quoted [...] show, the classification of a post is not concerned with the merits of the performance of the incumbent (see also Judgment 4000, consideration 9).

  Reference(s)

  ILOAT Judgment(s): 4000, 4221
  

  Keywords:

  performance; post classification;