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 588
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"In endorsing the adverse comments in the last report the WHO did not rely on isolated or incorrect facts or draw clearly mistaken conclusions from the evidence. [...] The Director took account only of what was revealed by the report [...] and he considered the complainant's comments thereon. His decision to terminate the appointment shows none of the defects [which could lead the Tribunal to quash it] and is sound in law."
Keywords:
contract; fixed-term; judicial review; mistaken conclusion; non-renewal of contract; performance report; unsatisfactory service;
Judgment 576
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
When the complainant received the personal report, he did not add his own comments. He by-passed the largely informal discussion stage by prematurely filing a notice of appeal. "He thereby interrupted the procedure for preparation of the final text, and only that text constitutes a decision. [He] did no more than challenge a preliminary act, and his present claim to have it set aside is irreceivable."
Keywords:
absence of final decision; internal appeal; internal remedies exhausted; performance report; procedure before the tribunal; rebuttal;
Judgment 565
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(A)
Extract:
According to the Staff Regulations, decisions taken by the Director-General himself are not subject to the complaint procedure. "The performance report referred to in [the complainant's claim] was approved by the Director-General and so he accepted responsibility for it. The complainant was therefore entitled to take the view that he need not address a complaint to the Director-General before submitting [his claim] to the Tribunal. [...] Article VII(1) of the Statute constitutes no bar to a complainant who [...] rightly concluded that he was not required to follow one of the internal appeal procedures."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
decision; direct appeal to tribunal; exception; executive head; internal appeal; internal remedies exhausted; performance report; receivability of the complaint;
Consideration 7
Extract:
The complainant's present supervisors appraise his performance in terms identical or similar to those used by his earlier supervisors. There is no sign of prejudice against him. The lateness of the report is accounted for by the changes which took place. The papers which were not properly communicated to the complainant are unlikely to have been will fully concealed from him. The plea of prejudice therefore fails.
Keywords:
administrative delay; bias; performance report; work appraisal;
Consideration 8
Extract:
The complainant has been working in the organisation for 20 years. His advancements in grade have been due either to a reorganisation or to review of his duties. He has sought, in vain, a more senior post. Younger officials have reached higher grades. He has never been awarded a special salary increment. "Accordingly, life being what it is, even though he has misconstrued the reasons for the irregularities in his [performance report], he was particularly affected by them. For the moral injury he has suffered he is entitled to compensation".
Keywords:
administrative delay; flaw; injury; moral injury; performance report;
Consideration 8(A)
Extract:
"There are no grounds for supposing that if the report had been made properly the complainant would have derived financial benefit from appointment to a higher post." Since the start of his career, the complainant has entered competitions, with comparable performance reports, and been unsuccessful on every occasion. It is unlikely that he would have fared better in the most recent competition if he had properly been able to refer to the report. No material injury.
Keywords:
administrative delay; flaw; material injury; performance report;
Judgment 557
50th Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3(B) and 4(B)
Extract:
"The complainant must be satisfied with the conclusions of the [...] Board as set out [in] the performance appraisal form. He has no right of access to texts produced for or by the Board." As stated in the material rule, "'the proceedings of the Board shall be regarded as secret'. If that were not so the Board could not act in full independence."
Keywords:
confidential evidence; disclosure of evidence; performance report; request by a party;
Judgment 552
50th Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3, 4 and 7
Extract:
The facts the complainant relies on "are intended to show that for years he has been the victim of hostility and it has affected his career, his day-to-day life at work and even his state of health. [...] There is not a shred of proof of his allegations of arbitrary and hostile treatment. In fact the appraisals of his performance are on the whole favourable [...] The complainant has failed to establish any injury due to personal prejudice on [the organisation's] part." The application for damages is rejected.
Keywords:
bias; lack of evidence; performance report; work appraisal;
Judgment 466
47th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant is mistaken in objecting to the replacement of the appraisal report - none being possible in the circumstances - with a minute which was not to his detriment, which was intended to protect his interests and which indeed did so." The Director-General had noted in the minute that appraisal was not possible and he emphasised aspects in the complainant's favour; the complainant may not require the Regional Director, who was his chief only in name, to appraise his work when he never did any.
Keywords:
discontinuance; performance report; staff member's interest;
Consideration 3
Extract:
"Although there was no internal appeal, there has been no breach of Article VII[1] of the Statute of the Tribunal, which the organisation itself believes to be inapplicable to this case." The organisation pointed out that the usual internal remedies were not applicable inasmuch as there was a special procedure involving a reports board which had expressed its opinion on the case. The filing of an internal appeal would probably not have affected the outcome of the complainant's situation.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
exception; internal appeal; internal remedies exhausted; performance report; procedure before the tribunal;
Consideration 3
Extract:
"It is open to the complainant to challenge the decision, since every official has an interest in the proper establishment of reports on his performance, on which his career will depend. It is immaterial that the reports he challenges are not harmful to the complainant."
Keywords:
cause of action; lack of injury; performance report;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The appraisal report's bias can be inferred from the dossier as a whole. If the complainant's services in the organization could possibly be considered inexpedient, this should not be construed to mean that he is unfit for a career as an international official in some other organisation.
Keywords:
bias; fitness for international civil service; performance report; probation report; work appraisal;
Judgment 405
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Although the delay in preparing the complainant's annual reports was unfortunate, it does not taint those reports with any impropriety, especially since it caused the complainant no wrong."
Keywords:
administrative delay; injury; lack of injury; performance report;
Consideration 2
Extract:
"That [the reports] were less favourable than the ones written by [a] predecessor is no proof of any prejudice against the complainant."
Keywords:
bias; different appraisals; evidence; performance report; work appraisal;
Judgment 399
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Prima facie the complainant is entitled to have [the periodical appraisal report] for what he thinks it to be worth; a doubt thrown on its value is not a ground for denying it. Furthermore, its usefulness to the complainant is not to be judged exclusively by reference to the main purpose of the report as set out in Staff Rule 530."
Reference(s)
Organization rules reference: WHO STAFF RULE 530
Keywords:
complainant; performance report; right;
Consideration 4
Extract:
"Appraisal reports constitute a record of service which as a general rule an official is entitled to have for his own satisfaction as well as for use if he is seeking other employment; in this latter respect he is not confined to the certificate of service" provided under another provision.
Keywords:
performance report; purpose; right;
Consideration 6
Extract:
"The complainant requests compensation for the moral and professional prejudice caused by the lack of an appraisal for more than a year. There is no evidence of any such prejudice and this claim should be rejected."
Keywords:
injury; lack of injury; omission; performance report; work appraisal;
Judgment 359
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[I]t appears from the evidence in the dossier that the circumstances in which the complainant's appointment ended amount to an abuse of authority." [no description of post, no detailed comment on his performance, hence either omission of essential facts or clearly mistaken conclusions from the facts, hence quashing of decision.]
Keywords:
abuse of power; contract; disregard of essential fact; fixed-term; mistaken conclusion; misuse of authority; non-renewal of contract; omission; organisation's duties; performance report; post description;
Judgment 352
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In exercising his authority the Director-General is not bound by the recommendations of the advisory bodies. He is indeed quite free to determine the general assessment in the light of the whole file and even to alter the assessments agreed on by the official's own supervisors. The bodies which advise the Director-General therefore enjoy just as much freedom as he to assess the official's performance. [...] It is therefore open to them, if they wish, to dissent from an opinion shared by [the supervisors]."
Keywords:
advisory body; advisory opinion; binding character; discretion; executive head; performance report; rating; supervisor; work appraisal;
Judgment 268
36th Session, 1976
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's appointment was not renewed on the grounds of unsatisfactory performance and poor relations with her supervisor. Her previous supervisors had been consistently satisfied and the record contains no serious criticisms. "[T]he regional administration failed in particular to carry out a thorough and impartial inquiry, which would have been possible shortly after the incidents in question, and merely endorsed the report made by [the supervisor], whose impartiality was in dispute. [...] The decision [...] was not based on the interests of the Office"; the Tribunal will set it aside.
Keywords:
bias; contract; different appraisals; fixed-term; inquiry; investigation; non-renewal of contract; organisation's interest; performance report; supervisor; unsatisfactory service; working relations;
Judgment 255
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The letter from the chief of personnel "is not expressed as a decision but as a letter enclosing an appraisal report [...] The complainant however did not wish to disagree with the report; he wished to contend that it was not an appraisal report at all and to claim what he called a proper report. He was within his rights in taking this course by his letter [...] and since the Director-General has failed to act upon it paragraph 3 of Article VII applies."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
direct appeal to tribunal; failure to answer claim; implied decision; omission; performance report; receivability of the complaint;
Considerations
Extract:
The applicable provision stipulates that the evaluation given in appraisal reports shall serve as the basis for assistance extended to a staff member to improve his services and for decisions concerning that staff member's status and maintenance in the organization. It is open to question whether this provision, having regard to these objects, applies at all in the case of a staff member who has retired. If it does, there could be no relief for a breach of it except by the payment of compensation. In the present case, the complainant could not suffer injury from a statement assessing his work during the final 11 months of his service.
Keywords:
complainant; enforcement; lack of injury; performance report; purpose; retirement; separation from service; work appraisal;
Considerations
Extract:
On 23 January the complainant received an appraisal report. On 20 March he requested that a proper appraisal be made. The letter of 23 January "is not expressed as a decision but as a letter enclosing an appraisal report [...] The complainant [...] did not wish to disagree with the report; he wished to contend that it was not an appraisal report at all and to obtain what he called a proper report. He was within his rights in taking this course by his letter of 20 March; and since the Director-General has failed to act upon it paragraph 3 of Article VII applies."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
exception; failure to answer claim; omission; performance report; receivability of the complaint;
Judgment 254
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[W]hether the superior is in error or not, there is nothing in the dossier to show that the criticism does not express his honest opinion. For the Tribunal to interfere in the case of an appraisal report what must be shown is not a preconceived opinion in the mind of the maker of the report but a wrongful motivation."
Keywords:
bias; condition; consequence; injury; performance report; unsatisfactory service;
Consideration 1
Extract:
"The Tribunal will not construe appraisal reports as if they were clauses in the Staff Rules. Indeed, the Tribunal will not normally entertain complaints about the contents of appraisal reports and will grant relief only if they show a total misconception of the situation."
Keywords:
application for quashing; competence of tribunal; interpretation; judicial review; performance report; rebuttal;
Consideration 1
Extract:
The complainant contends that his supervisor failed to discuss his conclusions with him as required by the applicable provision. "Non-compliance with these requirements does not however ipso facto invalidate a report. In the present case it is clear from the facts in the dossier that discussion would have served no useful purpose."
Keywords:
flaw; lack of injury; organisation's duties; performance report; rebuttal; right to reply;
Judgment 243
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It appears [...] from the dossier that although his supervisors expressed a justifiably low opinion of his work, their assessments were expressed in perfectly proper language in no way calculated to cause him any emotional upset."
Keywords:
discretion; moral injury; performance report; unsatisfactory service; work appraisal;
Judgment 232
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
As with any appraisal by the Director-General of an official's performance, the tribunal may "interfere with the impugned decision only if it was taken without authority, is irregular in form or tainted by procedural irregularities or by illegality, or is based on incorrect facts, or if essential facts have not been taken into consideration, or, again, if conclusions which are clearly false have been drawn from the documents in the dossier, or finally, if authority has been exercised for purposes foreign to the organization's interests."
Keywords:
discretion; judicial review; performance report; rating; rebuttal; work appraisal;
Judgment 211
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The principle that the Tribunal will not interfere, except upon particular and limited grounds such as prejudice or incorrect appreciation of facts or formal or procedural irregularity, with decisions of the Director-General on matters that fall within his discretion applies with special force to the form and contents of such documents as appraisal reports and certificates of service."
Keywords:
certificate of service; discretion; judicial review; performance report; work appraisal;
Judgment 188
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant maintains that she "suffered from the prejudice of one of her supervisors [...] The Appeals Board dismissed the charge of prejudice, however, and the Advisory Board recommended upholding the performance reports complained of. In these circumstances there are no grounds for holding that the Director-General's decision taken in the light of the reports in question was based on incorrect facts."
Keywords:
bias; performance report; rating; supervisor; unsatisfactory service; work appraisal;
Judgment 182
27th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The function of the performance report is "to evaluate past performance and conduct and not to give directives for the future."
Keywords:
performance report; purpose;
Consideration 3
Extract:
The complainant complains of certain words used in a performance report: "[T]he facts as they appear in the [submissions] show that there was no act or omission by the complainant which could prompt any special directive for the future, let alone any criticism of the past."
Keywords:
judicial review; performance report; rebuttal;
Consideration 3
Extract:
"The Tribunal will not normally entertain complaints about the contents of appraisal reports; it is essential to their value that the supervisor should be granted great freedom of expression and normally, if there be any errors of judgement on his part, they can be sufficiently remedied by the incorporation in the appraisal report of the staff member's point of view."
Keywords:
competence; discretion; judicial review; performance report; rebuttal; supervisor; work appraisal;
Consideration 3
Extract:
"The Tribunal will not normally entertain complaints about the contents of appraisal reports [...] but in the circumstances of this case the Tribunal feels bound to conclude that the words complained of were inserted in the report under a total misconception of the situation and that justice requires that they should be expunged."
Keywords:
application for quashing; elements; judicial review; mistaken conclusion; performance report; rebuttal; work appraisal;
Judgment 155
24th Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[I]t does not fall to the Administrative Tribunal to order any alteration of a report made on an official of the organization by the competent authorities or the withdrawal from the dossier of any part of such report."
Keywords:
application for quashing; competence of tribunal; judicial review; performance report; personal file; rating; work appraisal;
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