Judgment No. 4985

• Organization: European Patent Organisation (EPO)
• Date: 06.02.2025
• Original: English
• Judges: Moore, Rawlins, Shen
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges his appraisal report for 2017.

Judgment keywords

Keywords

performance report; rating; complaint dismissed

Considerations 1 and 4

Extract:

The complainant’s request to order that the EPO issues a new appraisal report for 2017 in which his inability to perform his duties (due to his medical condition) be taken into account and the productivity results be assessed on that basis is rejected as the Tribunal does not issue orders of this kind. The Tribunal however observes that it may, if appropriate, set aside the contested appraisal report at the same time as the impugned decision and remit the matter to the EPO for review.
[…]
There is no authority that permits the complainant’s 2017 appraisal report to take into consideration his previous reports. The Tribunal observes that an appraisal report, the purpose of which is to assess an employee’s merits over a given period and which is drawn up according to the rules governing the evaluation exercise for the period in question, is an entirely separate document from previous appraisal reports (see, for example, Judgments 4564, consideration 6, and 1688, consideration 6).

Reference(s)

ILOAT Judgment(s): 1688, 4564

Keywords

performance report; rating; judicial review; performance evaluation; role of the tribunal