Judgment No. 3378

• Organization: United Nations Industrial Development Organization (UNIDO)
• Date: 09.07.2014
• Original: English
• Judges: Barbagallo, Hansen, Moore
• Full judgment text - Full judgment text (french)

Decision

1. The complainant’s performance appraisal report covering the period 1 March to 31 December 2008 shall be removed from her official status file.
2. UNIDO shall pay the complainant 500 euros in costs.
3. All other claims are dismissed.

Summary

The Tribunal allowed the claim for the removal of the performance appraisal report challenged by the complainant from her official status file on the ground that errors were made in drawing up this report.

Judgment keywords

Keywords

complaint allowed; performance report

Consideration 6

Extract:

"[I]t should be recalled that in cases such as the present in which performance reports are challenged, the Tribunal has recognised that such reports are 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 law, or neglect of some material fact, or misuse of authority, or an obviously wrong inference from the evidence (see Judgment 3228, consideration 3). That said the Tribunal insists upon observance of procedures established to evaluate performance (see Judgments 3252, consideration 8, and 2916, consideration 12)."

Reference(s)

ILOAT Judgment(s): 2916, 3228, 3252

Keywords

performance report