Judgment No. 4466

• Organization: International Atomic Energy Agency (IAEA)
• Date: 27.01.2022
• Original: English
• Judges: Moore, Rawlins, De Nictolis
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to issue a first formal written warning of unsatisfactory performance and to initiate the procedure for addressing unsatisfactory performance.

Judgment keywords

Keywords

warning; performance evaluation; internal remedies not exhausted; complaint dismissed

Consideration 7

Extract:

In consideration 8 of Judgment 3967 the Tribunal held that the warning letter issued in that case (which was similar to that issued to the complainant in the present case) was not an act that could be challenged before the Tribunal as it is merely a step in the process that culminates in a staff report. Based on this case law, the complaint is irreceivable in accordance with Article VII, paragraph 1, of the Tribunal’s Statute.

Reference(s)

ILOAT Judgment(s): 3967

Keywords

receivability of the complaint; warning; performance evaluation; step in the procedure; internal remedies not exhausted