Performance report (285, 286, 287, 288, 289, 290,-666)
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Keywords: Performance report
Total judgments found: 187
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Judgment 3239
115th Session, 2013
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal quashed the decision to terminate the complainant’s contract because it was taken on the basis of flawed performance evaluation reports.
Judgment keywords
Keywords:
complaint allowed; decision quashed; performance report; termination of employment;
Consideration 15
Extract:
The Tribunal’s case law has it that if the rules of an international organisation require that an appraisal form must be signed not only by the direct supervisor of the staff member concerned (in this case the Deputy Director, to whom the complainant reported) but also by his or her second-level supervisor (in this case the Director), this is designed to guarantee oversight, at least prima facie, of the objectivity of the report. The purpose of such a rule is to ensure that responsibilities are shared between these two authorities and that the staff member who is being appraised is shielded from a biased assessment by a supervisor, who should not be the only person issuing an opinion on the staff member’s skills and performance. It is therefore of the utmost importance that the competent second-level supervisor should take care to ascertain that the assessment submitted for his or her approval does not require modification (see Judgment 320, under 12, 13 and 17, or more recently, Judgments 2917, under 9, and 3171, under 22). Of course, this check must be carried out with particular vigilance when the assessment occurs in a context where it is especially to be feared that the supervisor making it might lack objectivity and, a fortiori, when it takes place, as it did in the instant case, in a situation of overt antagonism (see Judgment 3171, under 23).
Reference(s)
ILOAT Judgment(s): 320, 2917, 3171
Keywords:
discretion; performance report;
Judgment 3229
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 dismissed; performance report; procedural flaw;
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.
Consideration 3
Extract:
"According to the Tribunal’s case law, issues raised by staff 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. Those criteria are the more stringent because the EPO has a procedure for conciliation on staff reports and the Service Regulations entitle officials to appeal to a joint body whose members are directly familiar with the workings of the Office.” (See Judgment 1688, under 5, and also Judgments 806, under 15, and 1144, under 7.) It is clear from the case law that the Tribunal will not interfere with the discretionary assessment of the decision-maker unless there is a reviewable error."
Reference(s)
Organization rules reference: Circular No. 246
ILOAT Judgment(s): 806, 1144, 1688
Keywords:
discretion; judicial review; performance report; procedural flaw; rebuttal;
Judgment keywords
Keywords:
complaint allowed; performance evaluation; performance report; procedural flaw;
Judgment 3224
115th Session, 2013
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully contests the termination of her appointment for unsatisfactory service, alleging the absence of a genuine assessment procedure.
Consideration 7
Extract:
"The Tribunal recalls that 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 as to be in a position to remedy the situation, and to have objectives set in advance. It also recalls that an organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules governing the evaluation of that performance. Except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff member’s services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established (see Judgments 3070, under 9, 2468, under 16, and 2414, under 23 and 24)."
Reference(s)
ILOAT Judgment(s): 2414, 2468, 3070
Keywords:
condition; criteria; decision; due process; duty to inform; elements; exception; grounds; judicial review; limits; organisation's duties; patere legem; performance report; right; unsatisfactory service; work appraisal; written rule;
Judgment 3185
114th Session, 2013
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges her performance evaluation report, alleging personal prejudice and discrimination on the part of her direct supervisor.
Consideration 5(b)
Extract:
"In principle, a supervisor cannot be criticised for recording the mistakes and errors of a subordinate with a view to preparing that person’s periodical performance evaluation, provided that the purpose of that action is, on the one hand, to ensure that the rating will be objective and, on the other hand, to increase the service’s efficiency by improving the performance of the person concerned. In the instant case, however, it is plain from the evidence that this practice was consistently applied to the complainant in order to stigmatise her shortcomings. [...] Her [evaluation] report is thus tainted with a serious flaw which justifies that it be set aside".
Keywords:
breach; equal treatment; flaw; organisation's interest; performance report; purpose; rating; supervisor; unsatisfactory service; work appraisal;
Judgment keywords
Keywords:
complaint allowed; decision quashed; performance report; retroactivity;
Judgment 3178
114th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant her a salary increment.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3138, 3140
Keywords:
complaint dismissed; fixed-term; increment; performance report;
Judgment 3171
114th Session, 2013
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges a performance evaluation report, alleging that it was in reality retaliation against her.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3010, 3170
Keywords:
complaint allowed; performance report; personal file;
Judgment 3071
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 48
Extract:
"An international organisation has a responsibility to treat its officials with dignity. If criticism is warranted [...] that should be done either by means of the performance appraisal reports or in a manner that ensures respect for the staff member's dignity."
Keywords:
duty of care; organisation's duties; performance report; respect for dignity;
Judgment 3062
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; performance report;
Consideration 3
Extract:
"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 Judgment 3006, under 7)."
Reference(s)
ILOAT Judgment(s): 3006
Keywords:
discretion; judicial review; performance report;
Judgment 3059
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is fundamental to the law governing the relations between a staff member and an international organisation that adverse decisions, including adverse performance reports, must be challenged in a timely manner and in accordance with the relevant staff rules and regulations. If not, those decisions become final and cannot be reopened."
Keywords:
decision; internal appeal; mandatory time limit; performance report; staff regulations and rules; time limit;
Judgment 3039
111th Session, 2011
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[A]s the Tribunal stated in Judgment 2064, under 5, performance reports continue to be useful even if deadlines have not been respected, and failure to meet a deadline cannot on its own be a reason for setting aside reports. However, depending on the case, the effect that the delay has on the report's content will be taken into account."
Reference(s)
ILOAT Judgment(s): 2064
Keywords:
breach; condition; consequence; delay; judicial review; performance report; time limit;
Judgment 3026
111th Session, 2011
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Failure on the part of the Organisation to give the complainant a fair opportunity to demonstrate improvement prior to deciding not to renew his fixed-term contract for unsatisfactory performance.
"It must be assumed that until 2006 the complainant's work was satisfactory as his contract was renewed from time to time, albeit that he was not subject to performance appraisal during the period he was employed on temporary assistance contracts."
Keywords:
appointment; complainant; contract; performance report; period; satisfactory service; short-term; work appraisal;
Consideration 8
Extract:
"An opportunity to improve requires not only that the staff member be made aware of the matters requiring improvement, but, also, that he or she be given a reasonable time for that improvement to occur."
Keywords:
notice; organisation's duties; performance report; reasonable time; unsatisfactory service; work appraisal;
Judgment 3006
111th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Assessment of merit is an exercise that involves a value judgement. It is usual to refer to decisions or recommendations involving a value judgement as 'discretionary', signifying that persons may quite reasonably hold different views on the matter in issue and, if the issue involves a comparison with other persons, they may also hold different views on their comparative rating. The nature of a value judgement means that point-to-point comparisons are not necessarily decisive. 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 Judgment 2834, under 7).
Reference(s)
ILOAT Judgment(s): 2834
Keywords:
abuse of power; discretion; disregard of essential fact; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; performance report; procedural flaw; promotion; rating; work appraisal;
Consideration 13
Extract:
"The principle of equality requires that all candidates in a given year be assessed by reference to staff reports for the same period. It is clear from Judgment 2221 that the principle also requires that if the 'merits' of a candidate for promotion are subsequently upgraded, the question of promotion must be considered on the basis of what would have happened if the upgraded marking had been considered previously."
Reference(s)
ILOAT Judgment(s): 2221
Keywords:
candidate; equal treatment; performance report; promotion; rating; work appraisal;
Judgment 2991
110th Session, 2011
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"[A]n assessment report can constitute a decision adversely affecting the person concerned and, as such, it may be contested by means of an internal complaint lodged within the time limits established by an organisation's rules and regulations. It may even be impugned in proceedings before the Tribunal after internal means of redress have been exhausted."
Keywords:
cause of action; internal appeal; internal remedies exhausted; performance report;
Judgment 2977
110th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Non-confirmation of appointment at the end of probation for unsatisfactory performance.
"It is well settled that 'the widest measure of discretion' attends decisions as to the confirmation or otherwise of probationary appointments (see Judgment 1386, under 17). Such decisions are subject to review only on the grounds that 'there was a mistake of fact or law, or a formal or procedural flaw, or if some essential fact was overlooked, or if a clearly mistaken conclusion was drawn from the evidence, or if there was abuse of authority' (see Judgment 1175, under 5)."
Reference(s)
ILOAT Judgment(s): 1175, 1386
Keywords:
discretion; judicial review; performance report; probationary period;
Judgment 2930
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In his internal appeal the complainant claimed in particular that he had been the victim of bullying on the part of his director, who was also his reporting officer. [...] The Internal Appeals Committee [...] found that the inaccuracies it identified [in the staff report] did not, individually, constitute an 'abuse of authority' and concluded that the 'report [did] not reveal any flaws which would justify its complete retraction'. This approach involved an error of law. It was not sufficient to consider in relation to each inaccuracy whether it, standing alone, was an abuse of authority. Rather, it was necessary to consider whether, in the light of the evidence, including the various inaccuracies which it identified, the report as a whole was the result of prejudice on the part of the reporting officer."
Keywords:
abuse of power; bias; burden of proof; evidence; formal flaw; internal appeals body; misuse of authority; organisation's duties; performance report; work appraisal;
Consideration 5
Extract:
Although the complainant asks for specific “box markings” in his 2000-2001 staff report, this is not a matter for the Tribunal. The matter must be remitted to the EPO to prepare a new staff report for the relevant period. Given the finding of prejudice on the part of the reporting officer, the new report must be drawn up by another officer based on the relevant documentation.
Keywords:
case sent back to organisation; competence of tribunal; performance report; rating;
Judgment 2926
109th Session, 2010
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 9
Extract:
The complainant worked for the ILO Staff Union from 2 August to 31 December 2004 under a special short-term contract. Subsequently, he continued to make his services available to the Staff Union without any written contract. He asks the Tribunal to find that he has been an ILO official since August 2004.
"The Tribunal considers [...] that the fact that the complainant continued to make his services available to the Staff Union in the absence of any contract, that he was given access to the material facilities which the Office provides for the Staff Union, and that performance appraisal reports were drawn up for him could not confer on him a status that had not been granted by a formal administrative document. It follows that when he filed his complaint with the Tribunal, he was not in a position to invoke the status of an official bound to the Organization by a contract concluded in accordance with the rules in force. [...] It follows that the complainant, since he lacks the status of an ILO official, has no access to the Tribunal, which must decline jurisdiction and dismiss the complaint."
Keywords:
competence of tribunal; contract; effect; facilities; formal requirements; no provision; non official; performance report; short-term; staff union; status of complainant; written rule;
Judgment 2917
109th Session, 2010
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7(d)
Extract:
"By twice giving the complainant a rating [- rating 0 -] that is not envisaged in the [relevant texts], the supervisor breached the rules applicable to the process of assessing a staff member's performance. Furthermore, this kind of rating is likely to leave the staff member concerned feeling that his competencies or performance in the areas assessed are so substandard that they do not even merit an assessment on the part of his supervisor. Such conduct may be expected to foster in the staff member a deep sense of personal inadequacy. As such a rating has no basis in law and is contrary to the rules of conduct applicable to the personal relations between international organisations and their staff, it cannot be upheld."
Keywords:
organisation's duties; performance report; rating; staff regulations and rules; work appraisal;
Consideration 9
Extract:
"The signing of a document with such important implications for the future career of a staff member is not a mere formality, and insistence on absolute compliance with this rule cannot be dismissed as an unduly formalistic approach. The provision requiring that the appraisal form be signed not only by the direct supervisor of the staff member concerned but also by other persons [...] is designed to guarantee oversight, at least prima facie, of the objectivity of the report. The purpose of such a rule is to ensure that responsibilities are shared and that the staff member who is being appraised is shielded from a biased assessment by a supervisor, who should not be the only person issuing an opinion on the staff member's skills and performance."
Keywords:
bias; formal flaw; formal requirements; organisation's duties; performance report; safeguard; staff regulations and rules; work appraisal;
Judgment 2916
109th Session, 2010
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[W]here the ground for non-renewal is unsatisfactory performance, the Tribunal will not substitute its own assessment for that of the organisation concerned [...]. However, an organisation may not in good faith end someone's appointment for poor performance without first warning him and giving him an opportunity to do better [...]. Moreover, it cannot base an adverse decision on a staff member's unsatisfactory performance if it has not complied with the rules established to evaluate that performance [...]."
Reference(s)
ILOAT Judgment(s): 1262, 1583, 2414
Keywords:
case law; contract; discretion; fixed-term; good faith; grounds; judicial review; non-renewal of contract; organisation's duties; performance report; staff regulations and rules; tribunal; unsatisfactory service; warning; work appraisal;
Consideration 12
Extract:
"[P]erformance appraisal procedures must be 'both transparent and adversarial'. That is unlikely to be the case where the prescribed procedures are not observed."
Reference(s)
ILOAT Judgment(s): 2836
Keywords:
adversarial proceedings; case law; due process; organisation's duties; performance report; procedural flaw; work appraisal;
Judgment 2902
108th Session, 2010
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"[T]he complainant contends that UNIDO's failure to conduct a performance appraisal before deciding not to renew his appointment constitutes a breach of procedure and a breach of his terms of employment as his letters of appointment stated that he would be evaluated on a yearly basis. [...] The defendant argues that since the non-renewal of the appointment was not based on performance, it is irrelevant whether a performance appraisal was or was not conducted. The Tribunal rejects this argument. UNIDO had a contractual obligation to conduct yearly performance appraisals. International organisations routinely require applicants for positions to provide at least their most recent performance appraisal from a prior employer. UNIDO's failure to provide the complainant with an appraisal has deprived him of the use of a critical tool in his search for future employment."
Keywords:
abolition of post; compensation; non-renewal of contract; performance report; project personnel; reorganisation; status of complainant;
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