Performance report (285, 286, 287, 288, 289, 290,-666)
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Keywords: Performance report
Total judgments found: 199
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Judgment 880
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"As the Tribunal has often said, performance reports serve no purpose unless the supervisor has full freedom in commenting on performance. [...] The Tribunal will review the decision only where there has been blatant abuse of authority or breach of a formal or procedural rule".
Keywords:
discretion; judicial review; performance report; work appraisal;
Consideration 6
Extract:
"The general rating is a synthesis of the marks in the staff member's report and of several imponderables that also count in giving a fair opinion of his services to the organisation."
Keywords:
discretion; elements; performance report; work appraisal;
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;
Judgment 820
62nd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Only in exceptional circumstances - such as it found in Judgment 182 - will the Tribunal have comments struck out of a performance report, because the exercise of discretion demands broad freedom of speech."
Reference(s)
ILOAT Judgment(s): 182
Keywords:
application for quashing; competence of tribunal; discretion; judicial review; performance report; work appraisal;
Judgment 806
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The procedural flaw the complainant alleges is that the EPO will fully let the appeal proceedings drag on so as to thwart his hopes of promotion. The plea fails. The EPO may not be taken to task for awaiting the Tribunal's ruling on the earlier complaint." In addition the EPO resorted to an extraordinary procedure so that his promotion could be awarded.
Keywords:
administrative delay; consequence; lack of injury; performance report; procedural flaw; procedure before the tribunal; promotion; rebuttal;
Judgment 725
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant impugns a decision of the President approving his performance report for 1980 and 1981. Because the complainant failed to exhaust the internal means of redress by awaiting the report of the Appeals Committee and the President's final decision before filing his complaint, the complaint is irreceivable.
Keywords:
absence of final decision; internal remedies exhausted; performance report; receivability of the complaint;
Judgment 724
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The procedure relating to Mr. V.'s first report lasted from 10 September 1980 until 7 June 1983, when the President went back on his decision to approve it. that was far too long. [...] For these reasons, and also in view of his age and record, the Tribunal will award him moral damages".
Keywords:
administrative delay; injury; moral injury; performance report;
Consideration 3
Extract:
"It will be right not to approve a report only if the reporting officer made an obvious mistake over some important point, if he neglected some essential fact, if he was grossly inconsistent or if he can be shown to have been prejudiced. And he need not be deemed prejudiced just because his assessment for one period is not the same as another reporting officer's opinion of the same official for an earlier or later period."
Keywords:
bias; different appraisals; mistaken conclusion; performance report; rebuttal;
Judgment 723
58th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The Director-General's implied endorsement of the performance report, his postponement of the increment and the transfer are all discretionary decisions and, moreover, ones that fall within an area in which the Tribunal will not ordinarily interfere."
Keywords:
discretion; increment withheld; judicial review; performance report; rating; transfer; unsatisfactory service;
Judgment 722
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-7
Extract:
At the start of 1980 and 1981 the complainant's production target was the same as the previous year; his productivity was the same in 1980 as in 1979 and higher in 1981. Under the circumstances, having attained his production target in 1980 and 1981, the complainant rightly alleges a discrepancy between the two reports. The Tribunal holds that the complainant was under no duty to increase his output of his own accord.
Keywords:
different appraisals; judicial review; mistaken conclusion; output; performance report;
Consideration 3
Extract:
"The impugned decision to approve the complainant's report for 1980 and 1981 is a discretionary one and may be set aside only on limited grounds such as a formal or procedural flaw, a mistake of fact or of law, failure to take account of relevant facts, abuse of authority or the drawing of mistaken conclusions from the evidence."
Keywords:
application for quashing; discretion; judicial review; performance report;
Consideration 3
Extract:
"It will be right not to approve a report only if the reporting officer made an obvious mistake over some important point, if he neglected some essential fact, if he was grossly inconsistent or if he can be shown to have been prejudiced. And he need not be deemed prejudiced just because his assessment for one period is not the same as another reporting officer's opinion of the same official for an earlier or later period."
Keywords:
bias; different appraisals; judicial review; mistaken conclusion; performance report; rebuttal;
Judgment 684
57th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant asks the Tribunal to declare that a staff report on his performance is contrary to certain rules and not objective. The Tribunal dismisses the complaint inasmuch as no injury resulted from the acts which the complainant puts forward and he is no longer in the employ of the organisation.
Reference(s)
ILOAT Judgment(s): 637, 638, 639
Keywords:
cause of action; lack of injury; no cause of action; performance report; separation from service;
Judgment 665
56th Session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The reason given for non-renewal of the complainant's contract was unsatisfactory performance. The evaluation report for 1981 was signed long after the time limit laid down in the Staff Rules. Only a few weeks elapsed between the completion of the 1981 report and the processing of the 1982 report. As a result, the impugned decision took no account of the fact that between the complainant's two last performance reports he was not given time to add his objections or to show he could come up to expectation. The decision overlooked an essential fact and drew clearly mistaken conclusions from the evidence. The complainant is entitled to damages.
Keywords:
administrative delay; contract; disregard of essential fact; fixed-term; flaw; material damages; mistaken conclusion; moral injury; non-renewal of contract; performance report; right to reply; time limit; unsatisfactory service;
Judgment 599
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
In this case "the criticisms are carefully and moderately phrased. Whether or not they are justified, it is not suggested that they do not express the honest opinion of the reporting officer." The decision to retain the report's original wording is "within the President's discretion and moreover within an area of his discretion in which the Tribunal does not normally entertain complaints. It is essential to the value of an appraisal report that the reporter should be granted great freedom of expression."
Keywords:
discretion; judicial review; performance report; work appraisal;
Considerations
Extract:
"It is essential to the value of an appraisal report that the reporter should be granted great freedom of expression. Normally, if there be any errors of judgement on his part, they can be sufficiently remedied by the incorporation in the report of the staff member's point of view."
Keywords:
performance report; rebuttal;
Judgment 597
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal holds that the criticisms in the report on the complainant suffer from no errors which could justify changing them. Reporters enjoy considerable freedom of expression, and that freedom was not in this case overstepped.
Keywords:
discretion; performance report;
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;
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