Judgment No. 2752
1. To the extent that it dismissed the complainant's appeal, the decision of the Director General dated 8 March 2007 is set aside.
2. The Director General shall remove the revised letter of warning of 19 March 2007 from the complainant's personal file.
3. The IAEA shall pay the complainant moral damages in the amount of 10,000 euros.
4. It shall also pay him costs in the amount of 500 euros.
5. The complaint is otherwise dismissed.
"The Tribunal exercises only a limited power of review in the case of warnings or reprimands which are not of a disciplinary nature. As pointed out in Judgments 274 and 403:
'The Tribunal will not interfere unless the measure was taken without authority, or violates a rule of form or procedure, or is based on an error of fact or of law, or if essential facts have not been taken into consideration, or if it is tainted with abuse of authority, or if a clearly mistaken conclusion has been drawn from the facts.'
In Judgment 274 it was also explained that '[a] warning or reprimand must be based on unsatisfactory conduct since what it is saying in effect is that if the conduct is repeated a disciplinary measure may be taken'."
ILOAT Judgment(s): 274, 403
complaint allowed; complaint allowed in part; grounds; decision quashed; unsatisfactory service; conduct; disciplinary measure; censure; reprimand; warning; judicial review; limits; disregard of essential fact; formal flaw; procedural flaw; mistake of fact; mistaken conclusion; misuse of authority; condition