Jugement n° 4980
Décision
The complaint is dismissed.
Synthèse
The complainant challenges his staff report for 2012-2013.
Mots-clés du jugement
Mots-clés
Rapport d'appréciation; Notation; Requête rejetée
Considérants 3, 6 et 9
Extrait:
In light of the Tribunal’s limited scope of review, it is not within its power of review to order the amendment of the contested staff report so that the complainant receives a marking of “very good” under productivity, attitude to work and dealings with others and for his overall performance. The Tribunal may however, if appropriate, set aside the contested staff report at the same time as the impugned decision and remit the matter to the EPO for review.
[…]
In its analysis of the submissions the complainant proffered to challenge the merits of the assessment and his request for the amendment of the markings he received for productivity and attitude to work and dealings with others, as well as for the overall performance to “very good”, the Appeals Committee correctly appreciated that, pursuant to the case law, its scope of review of a performance evaluation was wider than that of the Tribunal. It cited the statements in consideration 5 of Judgment 3318 and consideration 6 of Judgment 3161, that its power of review in effect extends to the overall re-examination of all matters submitted to it, except to the extent that the internal rules which governs the Committee provide otherwise, its role being to determine whether the decision appealed is correct on the facts or whether some other decision should be made. The Committee also noted the Tribunal’s statement in consideration 6 of Judgment 1136, that, within the scope of the reporting officer’s wide discretion, it is to be presumed that the assessment of a staff member’s performance is made in good faith and in the interest of both the staff and the organisation.
[…]
The Appeals Committee had also noted and correctly rejected the complainant’s argument which suggested, in effect, that the reporting officer erred by not considering the markings and overall performance ratings he had been awarded in previous performance evaluations. The Committee stated, correctly, that such reference was irrelevant to the subject assessment because, as a matter of principle, to be fair, every staff report has to be consistent in itself and cannot be compared with previous staff reports and must be based solely upon a staff member’s performance in each reporting period. The Committee also correctly rejected the other arguments the complainant proffered to support his request for the amendment of the subject markings and overall performance rating, which are based on his subjective opinions. Those arguments did not engage the scope of the Committee’s power of review and of the Tribunal’s power of review recalled in Judgment 4977, consideration 2. They are therefore unfounded, as is the complainant’s claim for moral damages for the “wrongful report” consequentially.
Référence(s)
ILOAT Judgment(s): 1136, 3161, 3318, 4977
Mots-clés
Rapport d'appréciation; Notation; Contrôle du Tribunal; Evaluation; Rôle du Tribunal
|
