ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword > warning

Judgment No. 1162

Decision

THE COMPLAINT IS DISMISSED.

Considerations 3 and 4

Extract:

The complainant objects to two written warnings she got. The wording of Manual paragraph 314.221 is imprecise about what sort of conduct will warrant a warning: "it speaks of 'failure to perform prescribed duties in a satisfactory manner'. To explain how the paragraph is to be applied in practice, however, the paragraph gives in brackets some illustrations of cases of such failure [...] The draughtsman gives in brackets what are no more than examples intended to help in construing the text: they are not cumulative conditions for applying it."

Reference(s)

Organization rules reference: FAO MANUAL PARAGRAPH 314.221

Keywords

grounds; staff regulations and rules; interpretation; accumulation; conduct; warning; condition

Considerations 3, 4 and 5

Extract:

The complainant objects to two written warnings she got. The reason the FAO gives for them was her failure to maintain "harmonious working relationships", which is one of the cases mentioned in Manual paragraph 314.221. "Such a reason affords a sound basis in law for the warnings and is in itself sufficient provided that it rests on true allegations of fact. The complainant is therefore mistaken in her view that there must also have been [others] since the only grounds given for the warnings are factually correct and warrant the impugned decisions, the complainant's objections must fail."

Reference(s)

Organization rules reference: FAO MANUAL PARAGRAPH 314.221

Keywords

duty to substantiate decision; grounds; staff regulations and rules; interpretation; accumulation; conduct; warning; condition

Consideration 9

Extract:

The complainant wants the Tribunal to order her assignment to a stable post in line with her qualifications. "The Tribunal is satisfied [...] that the organization has made a serious effort to give the complainant a more stable position - indeed it has created the post especially for her - and has taken due account of her qualifications, experience and grade. Since she has therefore obtained satisfaction, she shows no cause of action".

Keywords

organisation's duties; assignment; transfer; request for transfer; post; qualifications



 
Last updated: 06.11.2018 ^ top