Judgment 4703
136th Session, 2023
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to close the case arising from his reports of alleged misconduct and to reject his request to be provided with an unredacted version of the final investigation report.
Consideration 4
Extract:
[T]he complainant’s request for providing him with a certificate of satisfactory performance is beyond the Tribunal’s competence (see, for example, Judgment 4029, consideration 22).
Reference(s)
ILOAT Judgment(s): 4029
Keywords:
certificate of service; competence of tribunal;
Judgment 4496
134th Session, 2022
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that he suffered moral harassment, in particular when his end-of-service certificate was drawn up.
Judgment keywords
Keywords:
certificate of service; complaint dismissed; harassment;
Judgment 4382
131st Session, 2021
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Secretary General’s decisions to set aside her 2016 performance appraisal only on the basis that it was procedurally flawed, and to insert in her personnel file the impugned decision and the report of the Appeals Commission.
Consideration 8
Extract:
The complainant’s requests for the removal of the Appeals Commission’s report and the impugned decision from her personnel file and to be issued with the certificate are rejected. There is no legal basis for the issue of such a certificate. The Appeals Commission’s report and the impugned decision are essential parts of her personnel history which are properly included in her personnel file.
Keywords:
certificate of service; personal file;
Judgment 4029
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant him the two-step within-grade increase which, he argues, WHO ought to have granted him at the time of his appointment under a fixed-term contract.
Consideration 22
Extract:
The complainant’s request for an order requiring WHO to provide him with a Certificate of Service is beyond the Tribunal’s competence. However, it is noted that WHO has agreed to provide the complainant with a Certificate of Service upon request.
Keywords:
certificate of service; competence of tribunal; order;
Judgment 3922
125th Session, 2018
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to offer her a three-month renewal of her contract and to reject the claims she made with respect to her performance evaluation for 2012, the reclassification of her post, the length of her last contract and her allegations of harassment, retaliation and intimidation.
Consideration 24
Extract:
The complainant claims that, contrary to its rules, the Global Fund failed to issue the proper certificate of service after her separation. Section 19 of the Handbook states that, upon request, an employee leaving the Global Fund shall be given such a certificate stating her or his length of service and the duties performed. The certificate which the Fund issued to the complainant on 4 April 2014 contains her length of service and the positions which she held, but, in breach of this provision, did not state the duties which she performed. This claim is therefore well founded and the complainant is entitled to be issued a certificate of service which accords to this provision. This breach also entitles the complainant to moral damages.
Keywords:
certificate of service;
Judgment 3915
125th Session, 2018
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant requested ESO to provide her with a reference certificate satisfying the requirements of German law.
Consideration 4
Extract:
The Tribunal’s case law makes it plain that while an international organization is obliged to issue a reference certificate if required to by its own internal rules, it is not obliged to issue such a certificate in compliance with the laws of a host country.
Keywords:
certificate of service;
Judgment keywords
Keywords:
certificate of service; complaint dismissed; domestic law;
Judgment 1097
71st Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's internal appeal contained a claim to a certificate of service in keeping with the Staff Rules. She got one before filing her complaint and therefore has no cause of action.
Keywords:
cause of action; certificate of service; no cause of action; receivability of the complaint; settlement out of court;
Judgment 841
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The Organisation "was willing, exceptionally, to issue a qualified performance assessment certificate in the form specified by the laws of the Federal Republic as part of an overall settlement in which the complainant would be reimbursed in respect of certain expenses incurred by him and he in turn would be required to give a written statement that all his claims arising from his employment with the ESO had been settled and that he would refrain from making any further claims or take any further action against the Organisation. The complainant being unwilling to give such a statement, no settlement was reached. In the absence of agreement by both parties to the terms to the proposed settlement, the ESO is under no obligation to provide the complainant with the performance assessment he seeks."
Reference(s)
ILOAT Judgment(s): 780, 840, 842
Keywords:
certificate of service; lack of consent; offer; performance report; waiver of right of appeal;
Consideration 2
Extract:
"The rules do not require the ESO to provide the complainant with a performance assessment on the termination of his employment either in the form he seeks or in any other. The ESO is therefore not in breach of any term of the complainant's contract of employment in failing to provide him with a performance assessment. Further, as an international organisation it is not bound by the requirements placed on employers by the laws and usage of the Federal Republic."
Reference(s)
ILOAT Judgment(s): 780, 840, 842
Keywords:
certificate of service; domestic law; formal requirements; no provision; organisation's duties; practice; work appraisal;
Judgment 642
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal held that the certificate provided did not include all the information required by the Staff Regulations. "The complainant's argument is that prospective employers were unable to assess fully the merit of her applications [...] The argument would succeed if the complainant's allegations were not unsupported. Although she need not offer formal proof, she ought to indicate what organisations and companies she approached and how they responded. [...] The complainant must establish injury, and she has failed to do so."
Keywords:
certificate of service; formal requirements; injury; lack of evidence;
Judgment 509
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"According to the Staff Regulations the certificate of service should relate, if the staff member so requests, to his competence, efficiency and official conduct. [...] The certificate of 28 January 1980 refers merely to reports which prospective employers may consult provided the complainant so agrees. This expedient does not comply with the actual wording of the article. Nor can prospective employers be referred to annual reports on performance. The certificate of service should be a text which is complete in itself."
Keywords:
certificate of service; formal requirements; organisation's duties;
Consideration 15
Extract:
"The Director-General enjoys discretion in the matter, but the Tribunal is still competent to determine whether all the information set out in [the material article] has been supplied. In this case it has not. [...] The certificate should [therefore] be cancelled so that the Director-General may, if the complainant so requests, provide a new and complete one."
Keywords:
certificate of service; discretion; formal requirements; judicial review;
Consideration 3
Extract:
The organisation argues that the Tribunal may only hear complaints filed by serving officials. "The argument fails. When someone leaves the staff he is entitled, then as indeed throughout his career, to compliance with the staff regulations. A tribunal is competent in regard to every aspect of the official's service, and the grant of a certificate is a necessary incident of his employment."
Keywords:
certificate of service; locus standi; receivability of the complaint; retirement; right of appeal; separation from service;
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 complainant seeks a new certificate consisting of accurate and unbiased assessments of his work and official conduct and taking account of his entire performance record. "The relief is granted only on the ground that the evaluation in the certificate is [...] not based on the entire record. The certificate will be quashed in order that the Director-General may, if the complainant so requests, issue a new certificate on the correct basis."
Keywords:
certificate of service; flaw; period; work appraisal;
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;
Consideration 3
Extract:
"In the preparation of such documents opinions will naturally differ about what aspects of the service should be stressed and what evaluations made; such differences must [...] be resolved by the Director-General whose responsibility it is to determine whether a certificate of service is in substance and language just and fair."
Keywords:
certificate of service; different appraisals; discretion; formal requirements; work appraisal;
Judgment 118
19th Session, 1968
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The issue of a certificate containing a purely material error [involving a date], replaced by two regular certificates [one concerning employment and the other concerning the complainant's work] did not in any way prejudice the complainant's interest and therefore does not entitle him to compensation.
Keywords:
certificate of service; flaw; lack of injury;
Consideration 3(B)
Extract:
"When issuing a certificate under the terms of [the applicable provision], the Director-General makes an assessment of the performance of the person concerned which is not open to discussion before the Administrative Tribunal; the Tribunal can only check whether all the particulars specified in the aforesaid [provision] have been supplied, and ascertain that the assessment made by the competent authority is not based on materially incorrect facts or on obviously wrong conclusions drawn from the evidence in the dossier."
Keywords:
certificate of service; discretion; formal requirements; judicial review; work appraisal;
Judgment 88
15th Session, 1965
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The certificate issued to the complainant [...] deals with the nature and length of his service and with his abilities and conduct. It complies fully with the requirements of [the applicable provision] and does not need to be supplemented, particularly as the complainant himself has not requested any amendment of it although it has been in his hands for nearly three months."
Keywords:
certificate of service; formal requirements; probationary period; work appraisal;
Judgment 34
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant contests the contents of the certificate drawn up. "Even if the complainant's submission under this head were receivable in form* the Tribunal has no authority to supervise or to state the terms of a certificate containing any evaluation whatsoever of the service of the person concerned, this being a prerogative of the Director-General".
*complaint time-barred
Keywords:
certificate of service; discretion; formal requirements; judicial review; work appraisal;
