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Judgment No. 4267


The complaint is dismissed.


The complainant challenges his staff report for 2008-2009.

Judgment keywords


performance evaluation; complaint dismissed

Consideration 4


The Tribunal recalls that it is well established in the Tribunal’s case law that assessment of merit is an exercise that involves a value judgement, signifying that persons may quite reasonably hold different views on the matter in issue. Moreover, because of the nature of a value judgement, the grounds on which a decision involving a judgement of that kind may be reviewed are limited to those applicable to discretionary decisions. Thus, the Tribunal will only interfere 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, if it was taken in breach of a rule of form or procedure, or if there was an abuse of authority (see, for example, Judgments 3006, consideration 7, and 3062, consideration 3, a case likewise concerning a staff report). Accordingly the role of the Tribunal in challenges to the assessment of the performance of staff of international organisations is a limited one and does not involve reassessment of performance by the Tribunal (see, for example, Judgments 3228, consideration 3, and 3692, consideration 8).


ILOAT Judgment(s): 3006, 3062, 3228, 3692


performance evaluation

Last updated: 20.05.2020 ^ top