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Personal file (155,-666)
You searched for:
Keywords: Personal file
Total judgments found: 43
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Judgment 5179
141st Session, 2026
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his request to access his complete medical file and contests the validity of the internal appeals proceedings.
Considerations 8-9
Extract:
"[T]he principle of transparency as well as the individual’s right to access personal data mandate that staff members receive full and unfettered access to their medical files and obtain copies upon request (paying the associated costs as necessary). The only situation in which this rule does not apply is where specific circumstances temporarily prevent such access. However, a decision to temporarily deny staff members full access to their medical files must be fully justified and reasonable […]. The Tribunal also relevantly stated that in the absence of specific rules or regulations governing the right of staff members to access their own medical files, this right encompasses viewing and obtaining copies of all records and notes in the file, and adding pertinent notes to correct any part of the file considered wrong or incomplete, and that, so stated, the right to access one’s own medical file gives effect to the organisation’s duty of transparency […]."
"As a rule, access to medical files should be granted also with regard to medical documentation submitted by the staff concerned and, thus, already in possession of the staff member who is requesting access. Indeed, the aim of a request to access a medical file is not only to obtain documentation that the staff member concerned does not have, but also to check that the medical file contains all the relevant documents, including those submitted by the staff concerned."
Keywords:
disclosure of evidence; duty to inform; duty to substantiate decision; formal requirements; medical records; no provision; organisation's duties; personal file;
Judgment 5137
141st Session, 2026
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns what she considers to be the refusal to provide her with full access to her personal file.
Consideration 5
Extract:
“The complainant’s contention that the investigation reports into her harassment complaints should have been included in her personal file is also unfounded […] no provision obliged Interpol to include in the complainant’s personal file her harassment complaints and the investigation reports regarding them.”
Keywords:
harassment; interpretation of rules; investigation report; personal file;
Judgment keywords
Keywords:
complaint dismissed; personal file;
Judgment 4949
139th Session, 2025
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his summary dismissal for serious misconduct.
Consideration 33
Extract:
Le requérant demande par ailleurs que soit ordonné le retrait de son dossier administratif de toute référence à la décision attaquée et à la procédure d’enquête ou disciplinaire. Il y a lieu de faire droit à cette demande en tant qu’elle porte sur le retrait de la décision attaquée du 8 juillet 2022, ainsi que de tous les documents postérieurs y faisant référence. Il n’y a toutefois pas lieu d’y faire droit en tant qu’elle porte sur d’autres documents, qui, en eux-mêmes, ne sauraient faire apparaître l’existence de cette décision en tant que telle.
Keywords:
personal file; withdrawal of decision;
Judgment 4945
139th Session, 2025
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the FAO’s decision to confirm the allegations of sexual harassment against him, to impose on him a ban from all future employment with the FAO/World Food Programme, to include his name in the United Nations Clear Check screening database for perpetrators of sexual harassment, not to renew his short-term contract following a mandatory break in service, and to place a note in his personnel file confirming this.
Consideration 10
Extract:
If it was open to the FAO/WPF to find the complainant guilty of the misconduct alleged, as it was, then what it decided to do in consequence involved the exercise of a discretionary power. It is not evident at all that the discretionary power miscarried when the FAO/WFP decided to ban the complainant from future employment and to place a note in his personnel file to this effect. Similarly, the discretionary power did not miscarry in relation to causing personal information identifying the complainant to be placed on the United Nations Clear Check screening database, which appears to have been created “to prevent the rehire of perpetrators of sexual harassment”. Many international organisations have a policy of zero tolerance for sexual harassment and it is a legitimate mechanism, even if harsh, to meet that objective by creating a database designed to reveal individuals who have clearly been found to have engaged in such conduct.
Keywords:
decision-maker; disciplinary measure; discretion; personal data; personal file; sexual harassment;
Judgment keywords
Keywords:
complaint dismissed; personal file; role of the tribunal; sexual harassment;
Judgment 4837
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who separated from service, contests the placement in his personnel file of a letter stating that he was found to have committed sexual harassment during his employment and that, had he not separated from service, he would have been imposed the disciplinary measure of a final letter of warning.
Consideration 8
Extract:
[H]aving reviewed the applicable rules, the practice of the United Nations and the Tribunal’s case law, particularly stated in consideration 6 of Judgment 4313, the Federation had a legitimate interest [to launch a second investigation and disciplinary process] to correct the initial flawed process (the non-disclosure of the documents to the complainant) and to conclude the process on a proper legal basis and document the outcome on the complainant’s personnel file for its future employment decisions.
Reference(s)
ILOAT Judgment(s): 4313
Keywords:
disciplinary procedure; investigation; personal file;
Judgment 4753
137th Session, 2024
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to place on his personnel file a letter notifying him that he had committed serious misconduct for which he would have been summarily dismissed had he not separated from the IAEA, and to relevantly inform all affected individuals.
Consideration 14
Extract:
The complainant has not established that the investigation and findings of the OIOS in relation to the group complaint against him were legally flawed. Accordingly, there is no basis for concluding that the decision to place the letter of 17 December 2020 on the complainant’s personnel file was infected by legal error. Consequentially, there is no basis for ordering that the letter be removed from the complainant’s personnel file.
Keywords:
administrative decision; flaw; investigation; mistake of law; order; personal file;
Judgment keywords
Keywords:
administrative decision; complaint dismissed; flaw; identical facts; investigation; joinder; personal file;
Consideration 8
Extract:
Ordinarily, a document addressing a staff member’s performance or conduct can, appropriately, be placed on the staff member’s personnel file. However, if the document is legally flawed, an order could be made requiring its removal (see, for example, Judgment 3997, consideration 8). In the present case, the letter of 17 December 2020 might arguably be legally flawed, if there was a flawed process of investigation.
Reference(s)
ILOAT Judgment(s): 3997
Keywords:
administrative decision; conduct; flaw; investigation; order; personal file;
Judgment 4642
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that the EPO failed to keep records of his administrative status.
Judgment keywords
Keywords:
complaint allowed; personal file;
Judgment 4640
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a series of management acts regarding his administrative status.
Consideration 1
Extract:
The complainant requests the Tribunal to order the production of his personal file. The request is rejected as the file is unnecessary for the determination of the issues raised in this complaint.
Keywords:
disclosure of evidence; personal file;
Judgment 4583
135th Session, 2023
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment for reasons of professional unsuitability and the decision to place him on special paid leave until the end of his period of notice.
Consideration 9
Extract:
As relief of moral damages, EMBL will also be ordered to remove the unlawful termination decision […] from the complainant’s personnel file.
Keywords:
moral damages; personal file;
Judgment 4415
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to impose upon him the disciplinary measure of dismissal for misconduct.
Consideration 16
Extract:
[T]he evidence of and reference to the disciplinary proceedings and the disciplinary measure [will] be removed from [the complainant's] personnel file.
Keywords:
order; personal file;
Judgment 4392
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to withdraw the disciplinary sanction of reprimand and remove it from her personal file.
Judgment keywords
Keywords:
complaint dismissed; personal file;
Consideration 11
Extract:
[The complainant’s] request for moral damages [...] will be rejected as she has failed to articulate by evidence, rather than by conjecture, the impact which the insertion of the reprimand into her personal file had upon her.
Keywords:
moral damages; personal file; reprimand;
Consideration 9
Extract:
In any event the contested reprimand had been withdrawn. Accordingly, the issue whether the defence and the annex should still be added to the complainant’s personal file is without object. Furthermore, any document that a permanent employee wishes to add to the personal file must be, in accordance with Article 32(1)(b), related to documents contained in the personal file. As the reprimand was withdrawn, no documents commenting on it can be added to the personal file by the complainant.
Keywords:
personal file;
Judgment 4383
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 decision to impose on her a performance improvement plan (PIP).
Consideration 11
Extract:
[The Administration violated its own procedural rules for the establishment of the subject PIP.] The Federation will […] be ordered to remove the PIP from the complainant’s personnel file.
Keywords:
performance evaluation; personal file;
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.
Judgment keywords
Keywords:
complaint dismissed; performance evaluation; personal file;
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 4260
129th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s failure to allow her access to her complete medical file and to provide her with a copy thereof in a timely manner.
Consideration 2
Extract:
Regarding a staff member’s request for the disclosure of her or his medical file, the Tribunal recalls that under its case law, stated for example in Judgment 4118, consideration 5, the principle of transparency as well as the individual’s right to access personal data concerning her or him mean that a staff member must be allowed full and unfettered access to her or his medical file and be provided with copies of the full file when requested (paying the associated costs as necessary). The only situation in which this rule does not apply is where specific circumstances temporarily prevent such access. However, a decision to deny a staff member full access to her or his medical file temporarily must be fully justified and reasonable (see, for example, Judgment 3994, consideration 10). The Tribunal also relevantly stated, in Judgment 3120, consideration 6, that in the absence of specific rules or regulations governing the right of a staff member to access her or his own medical file, that right must be considered to comprehend the right to view and obtain copies of all records and notes in the file, and to add relevant notes to correct any part of the file considered wrong or incomplete, and that, so stated, the right to access one’s own medical file gives effect to the organisation’s duty of transparency.
Reference(s)
ILOAT Judgment(s): 3120, 3994, 4118
Keywords:
disclosure of evidence; medical records; personal file;
Judgment keywords
Keywords:
complaint allowed; decision quashed; medical records; personal file;
Judgment 4066
127th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to promote her in the 2013 promotion exercise.
Consideration 12
Extract:
As to the complainant’s request that the CDP’s written feedback be removed from her personnel file, consistent precedent requires that a staff member should be notified of any document that is placed on her or his file and be given an opportunity to respond to it (see, for example, Judgment 3487, under 9). The written feedback is an integral part of the complainant’s personnel file. The record shows that the complainant had an opportunity to respond to the written assessment. Her written response also forms part of her file. No order to remove the written feedback from her personnel file will be made. It is also assumed that the present judgment will be included in her personnel file.
Reference(s)
ILOAT Judgment(s): 3487
Keywords:
judgment of the tribunal; personal file;
Judgment 3997
126th Session, 2018
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his 2012 performance evaluation.
Consideration 8
Extract:
Potentially the only residual issue is whether there is a basis for, additionally, ordering the removal of the original contentious 2012 performance evaluation from the complainant’s personnel file which the Global Fund has not contended, with any clarity, has already occurred. Such an order is routinely made by the Tribunal in circumstances where the production of an evaluation report or an analogous document is found to have been legally flawed. Indeed it has been put as highly as an entitlement to have it removed. That is to say, a complainant is entitled to an order that the report be removed from the personnel file (see, for example, Judgment 3378, consideration 12).
Reference(s)
ILOAT Judgment(s): 3378
Keywords:
personal file;
Judgment 3725
123rd Session, 2017
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the disciplinary measures imposed on him following an investigation into alleged misconduct.
Consideration 7
Extract:
UNIDO raises receivability as a threshold issue contending that since the complainant sought the removal of adverse material from his personnel file for the first time in the present complaint, this request is irreceivable because he did not exhaust the internal means of redress in relation to it as required by Article VII, paragraph 1, of the Tribunal’s Statute.
The Tribunal rejects this contention as this is an additional request for a remedy arising from existing claims and not a new claim.
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
Keywords:
new claim; personal file;
Judgment 3487
120th Session, 2015
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to allow a “Note for the File” to remain on his personal file.
Judgment keywords
Keywords:
complaint allowed; decision quashed; performance evaluation; personal file; report;
Consideration 9
Extract:
"The Tribunal has stated, for example in Judgment 1135, under 10, that the make-up of a staff member’s file is subject to formal rules calculated to guard against the filing of documents throughout a staff member’s career about her or his conduct which have not been drawn up with due regard to the elementary safeguards of her or his rights. Consistent precedent requires that a staff member should be notified of any document that is placed on her or his file and be given an opportunity to respond to it (see, for example, Judgment 3239, under 10)."
Reference(s)
ILOAT Judgment(s): 1135, 3239
Keywords:
personal file;
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.
Consideration 10
Extract:
Placing a document in a staff member's file is not the same as its notification in due and proper form.
Keywords:
duty to inform; personal file;
Judgment 3198
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the withdrawal from his personal file of the warnings concerning his productivity.
Judgment keywords
Keywords:
cause of action; complaint dismissed; internal remedies not exhausted; personal file;
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