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Warning (514,-666)

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Keywords: Warning
Total judgments found: 29

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  • Judgment 3911


    125th Session, 2018
    ITER International Fusion Energy Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment for unsatisfactory performance.

    Consideration 14

    Extract:

    It is noteworthy that the decision in Judgment 2529, consideration 15, was made in reliance on the following statement of principle in Judgment 2414, consideration 23:
    “15. The Tribunal’s case law is voluminous and consistent to the effect that an organisation owes it to its employees, especially probationers, to guide them in the performance of their duties and to warn them in specific terms if they are not giving satisfaction and are in risk of dismissal. (See Judgment 1212.) More recently, in Judgment 2414 the Tribunal held that:
    ‘23. [...] A staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed. These are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity. That is why it was said in Judgment 2170 that an organisation must ‘conduct its affairs in a way that allows its employees to rely on the fact that [its rules] will be followed’.”

    Reference(s)

    ILOAT Judgment(s): 1212, 2170, 2414, 2529

    Keywords:

    unsatisfactory service; warning;



  • Judgment 3704


    122nd Session, 2016
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision of the former Director of the ILO Office in Berlin to apply to her the sanction of warning.

    Judgment keywords

    Keywords:

    disciplinary measure; warning;



  • Judgment 3240


    115th Session, 2013
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the Organization had acted in breach of its own rules on performance appraisal and probationary periods.

    Consideration 21

    Extract:

    "It is a well-established principle governing probation that in addition to “[identifying] in a timely fashion the unsatisfactory aspects of the performance so that remedial steps may be taken”, an organisation must also “give a specific warning that the continued employment is in jeopardy” (see Judgment 2788, under 1)."

    Reference(s)

    ILOAT Judgment(s): 2788

    Keywords:

    complaint allowed; complaint allowed in part; confirmation of appointment; organisation; organisation's duties; probation; purpose; unsatisfactory service; warning; work appraisal;



  • Judgment 2982


    110th Session, 2011
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "[The complainant] was replaced virtually immediately even though his contract had somewhat less than two months to run [...] and he had earlier been told that he was to be provided with assistance for the project; he was given no warning of the decision; he was not heard on the question and adequate reasons were not provided. Replacing the complainant in these circumstances constituted '[a]ctions [...] directed at actively damaging [his] personal and/or professional reputation' and, thus, falls within the definition of 'harassment' in General Bulletin No. 1312 of 26 March 2002."

    Reference(s)

    Organization rules reference: IOM General Bulletin No. 1312 of 26 March 2002

    Keywords:

    decision; duty to inform; duty to substantiate decision; harassment; moral injury; organisation's duties; professional injury; reassignment; warning;

    Consideration 10

    Extract:

    Replacement of a staff member in circumstances constituting harassment.
    "The Tribunal has consistently held [...] that an organisation 'cannot base an adverse decision on a staff member's unsatisfactory performance if it has not complied with the rules established to evaluate that performance' (see Judgment 2916, under 4). It is also well established that an organisation 'owes it to its employees, especially probationers, to guide them in the performance of their duties and to warn them in specific terms if they are not giving satisfaction and are in risk of dismissal' (see Judgment 2732, under 16)."

    Reference(s)

    ILOAT Judgment(s): 2732, 2916

    Keywords:

    decision; organisation's duties; probation; staff assessment; staff regulations and rules; unsatisfactory service; warning; work appraisal;



  • Judgment 2916


    109th Session, 2010
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "[W]here the ground for non-renewal is unsatisfactory performance, the Tribunal will not substitute its own assessment for that of the organisation concerned [...]. However, an organisation may not in good faith end someone's appointment for poor performance without first warning him and giving him an opportunity to do better [...]. Moreover, it cannot base an adverse decision on a staff member's unsatisfactory performance if it has not complied with the rules established to evaluate that performance [...]."

    Reference(s)

    ILOAT Judgment(s): 1262, 1583, 2414

    Keywords:

    case law; complaint allowed; complaint allowed in part; contract; discretion; fixed-term; good faith; grounds; judicial review; non-renewal of contract; organisation's duties; performance report; staff regulations and rules; tribunal; unsatisfactory service; warning; work appraisal;



  • Judgment 2836


    107th Session, 2009
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "[A]lthough the Tribunal's case law requires that an official on probation be warned in a timely manner that his/her appointment might not be confirmed, it does not require that a decision not to renew a contract should rest on exactly the same criticisms as those of which the person concerned had previously been notified (see Judgments 1546 and 2162)."

    Reference(s)

    ILOAT Judgment(s): 1546, 2162

    Keywords:

    case law; difference; duty to inform; grounds; international civil servant; non-renewal of contract; organisation's duties; probation; same; warning;



  • Judgment 2788


    106th Session, 2009
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "[The] purpose [of probation] is to provide an organisation with an opportunity to assess an individual's suitability for a position. In the course of making this assessment, an organisation must establish clear objectives against which performance will be assessed, provide the necessary guidance for the performance of the duties, identify in a timely fashion the unsatisfactory aspects of the performance so that remedial steps may be taken, and give a specific warning that the continued employment is in jeopardy (see Judgment 2529, under 15)."

    Reference(s)

    ILOAT Judgment(s): 2529

    Keywords:

    candidate; confirmation of appointment; criteria; definition; fitness for international civil service; organisation; organisation's duties; post; probation; purpose; qualifications; refusal; unsatisfactory service; warning; work appraisal;



  • Judgment 2752


    105th Session, 2008
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "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'."

    Reference(s)

    ILOAT Judgment(s): 274, 403

    Keywords:

    censure; complaint allowed; complaint allowed in part; condition; conduct; decision quashed; disciplinary measure; disregard of essential fact; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw; reprimand; unsatisfactory service; warning;



  • Judgment 2719


    105th Session, 2008
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "Standing alone, the punishment of summary dismissal, as distinct from dismissal, might be thought to be disproportionate to the misconduct of which the complainant was guilty. However, he was twice warned in writing in 1998 to improve his poor attendance record. In the same year, he was informed that the complaints received 'with regard to [...] alleged financial manipulations, fraudulent activities, police and court cases' were causing embarrassment to the Organization and he was cautioned to 'extricate [him]self from these situations'. In 2002, he was found guilty of misconduct in relation to banking transactions and issued with a written reprimand. In the light of these matters, the punishment of summary dismissal cannot be regarded as disproportionate."

    Keywords:

    censure; conduct; disciplinary measure; proportionality; serious misconduct; summary dismissal; warning;



  • Judgment 2493


    100th Session, 2006
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainants were issued a written warning on the grounds that they had participated in industrial action which management considered to be unlawful and that caused them to be absent from duty without authorisation. They contend that the Director General had no authority to decide whether the collective action was illegal. "There is no doubt that in the absence of any statutory provisions or collective agreement between the Agency and the staff representatives, it is up to the Director General to take whatever measures are necessary to prevent actions which he deems unlawful, to warn members of staff against participating in such actions and, if necessary, to lay down guidelines for the exercise of the collective rights of staff in accordance with the general principles of international civil service law. From this point of view, one cannot object to the Director General's legitimate right to take action when he, 'in the absence of an agreement with the unions', issued on 13 March 2003 - in other words, three days after the start of the industrial action - an Office Notice setting out 'General provisions applicable in the event of a strike at Eurocontrol'. Nevertheless, the general measures taken by the administration and the individual decisions taken to implement those measures must not have the effect of restricting the exercise of the collective rights of members of staff in such a way as to deprive them of all substance."

    Keywords:

    applicable law; collective rights; competence; complaint allowed; condition; consequence; disciplinary measure; effect; enforcement; executive head; general decision; general principle; individual decision; information note; international civil service principles; limits; no provision; organisation's duties; provision; right to strike; staff regulations and rules; staff representative; staff union; staff union agreement; strike; unauthorised absence; warning;

    Consideration 11

    Extract:

    The complainants were issued a written warning on the grounds that they had participated in industrial action which management considered to be unlawful and that caused them to be absent from duty without authorisation. "[I]f it were a work stoppage not involving unlawful actions, the question arises as to whether the Agency could, in view of the provisions of Article 11 of the Staff Regulations whereby an official is bound to ensure the continuity of the service and must not cease to exercise his functions without previous authorisation, deem participation in the collective action by the officials in question to be unlawful. Without overlooking the fact that a strike will necessarily affect continuity of service, the Tribunal considers that, if the answer to that question were yes, it would in practice deprive of all substance the exercise of a right, the existence of which the Agency does not deny and which, according to the case law, is lawful in principle (see, for instance, Judgments 615 and 2342 of the Tribunal). To make the exercise of that right conditional on obtaining leave of absence would clearly be incompatible with the principle itself, the necessary corollary of which is the freedom of officials to follow or not to follow a call to strike duly issued by their representative organisations."

    Reference(s)

    Organization rules reference: Article 11 of the Staff Regulations governing officials of the Agency
    ILOAT Judgment(s): 615, 2342

    Keywords:

    collective rights; complaint allowed; condition; consequence; continuance of operations; disciplinary measure; freedom of association; general principle; provision; right to strike; staff member's duties; staff regulations and rules; staff union; strike; unauthorised absence; warning;



  • Judgment 2391


    98th Session, 2005
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant was issued a written censure. "Before the Appeal Board, [he] argued that [this] decision [...] was taken in breach of the principle of proportionality. In its report, the Board recommended that the parties seek a compromise solution in the light of that principle. [T]he Secretary-General did not follow the recommendation of the Appeal Board [...]. He was therefore under an obligation to state the reasons why he was disregarding that recommendation and instead maintaining the initial sanction, which is the second most serious, particularly so as to enable the Tribunal to check whether the principle of proportionality had been observed (see Judgment 2339, under 5). As the Secretary-General has not satisfied that obligation, his decision [...] must be set aside on the grounds that no reason has been given for the chosen sanction and the case must be referred back to him for a new decision."

    Reference(s)

    ILOAT Judgment(s): 2339

    Keywords:

    breach; case sent back to organisation; complaint allowed; complaint allowed in part; consequence; decision quashed; disciplinary measure; duty to substantiate decision; executive head; general principle; internal appeals body; judicial review; organisation's duties; proportionality; recommendation; refusal; report; settlement out of court; warning;



  • Judgment 2351


    97th Session, 2004
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 c) and 8 a)

    Extract:

    When he was recruited the complainant provided a copy of a diploma but its authenticity was questioned a few years later. The matter was queried with the educational establishment and the Secretary-General then issued the complainant a written censure. The Tribunal considers that "there was not sufficient proof either that the diploma was not issued to the complainant [...] or that the latter had been informed that, according to the [educational establishment], he was not entitled to receive it. The Secretary-General might have enquired further into the aspects which remained uncertain, but did not do so. The 'likelihood' referred to by the Secretary-General, if it is not incontrovertibly ascertained, cannot make up for the lack of conclusive evidence. Based as it is on an arbitrary appraisal of the facts, the impugned decision as far as it concerns the disciplinary sanction must therefore be set aside. Although it did not give rise to a written decision, the non-renewal of the short-term contract was based on charges levelled against the complainant in the course of the disciplinary procedure. The mere cancellation of the disciplinary sanction must entail that of the decision of non-renewal."

    Keywords:

    bias; complaint allowed; complaint allowed in part; consequence; contract; decision; decision quashed; degree; disciplinary measure; disciplinary procedure; executive head; grounds; implied decision; inquiry; lack of evidence; non-renewal of contract; organisation's duties; right; short-term; terms of appointment; warning;



  • Judgment 2018


    90th Session, 2001
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "Discussions between the complainant and his supervisors [...] with respect to relatively minor concerns do not constitute a warning so as to make the complainant aware of the risk of dismissal and the need for improvement."

    Keywords:

    complainant; complaint allowed in part; formal requirements; supervisor; termination; unsatisfactory service; warning; work appraisal;



  • Judgment 2007


    90th Session, 2001
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Under the provisions [of the Staff Regulations], a contract may be terminated for unsatisfactory performance only after the employee has been served with a formal written warning allowing him or her three months to improve. That period which essentially aims at allowing the employee concerned enough time as may be constructively used to correct mistakes, make good shortcomings and improve both behaviour and working relations with other staff members must cover an effective period of three months during which the employee must be in a position to perform his or her duties correctly and to make full use of his or her abilities. The Tribunal considers that in this instance the complainant was not in such a position."

    Keywords:

    complaint allowed; complaint allowed in part; duty to inform; evidence; injury; medical fitness; notice; period; qualifications; termination; unsatisfactory service; warning; work appraisal;



  • Judgment 1872


    87th Session, 1999
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Since the procedure that was instigated was not a disciplinary one, but a procedure for the termination of the complainant's appointment for unsatisfactory service, the complainant needed to be informed in due time, either through a negative performance appraisal report, or through precise warnings, that the organisation was not satisfied with his performance and that if he did not improve it his appointment would be terminated." (see Judgment 1484)

    Reference(s)

    ILOAT Judgment(s): 1484

    Keywords:

    complaint allowed; complaint allowed in part; disciplinary procedure; duty to inform; organisation's duties; performance report; termination; unsatisfactory service; warning;



  • Judgment 1817


    86th Session, 1999
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11(a)

    Extract:

    "Before dismissing someone on the grounds of performance an organisation must ordinarily give fairly prompt warning so as to allow for improvement. But all that is needed is that the staff member be aware of the risk of dismissal and of the need for improvement. If the staff member still proves unsatisfactory, dismissal will be in order even if founded on new shortcomings that are not the same as those that prompted the warning [...]. And again those rules hold good mutatis mutandis for ending probation". The Tribunal cites the case law.

    Keywords:

    case law; duty to inform; organisation's duties; probation; termination; unsatisfactory service; warning; work appraisal;



  • Judgment 1661


    83rd Session, 1997
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6 (a)

    Extract:

    "Time and again the complainant broke customs regulations to the detriment of the host State under cover of privileges that the Organization is granted in order to carry out its mandate. His conduct was such as to undermine the trust it must enjoy and to compromise the attainment of its objectives. That there was misconduct is indeed beyond gainsaying, especially in someone of his position who went on breaking the rules even after a warning in 1975."

    Keywords:

    organisation; organisation's interest; privileges and immunities; serious misconduct; warning;



  • Judgment 1583


    82nd Session, 1997
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    CONSIDERATION 6 (a)

    Extract:

    "An organisation may not in good faith end someone's appointment for poor performance without first warning him and giving him an opportunity to do better. The warning need not contain express mention of the risk of termination if performance does not improve: the risk is implied. Nor need any later shortcomings be the same as those that prompted the warning: it suffices that the official understood that his performance as a whole must improve".

    Reference(s)

    ILOAT Judgment(s): 1546

    Keywords:

    contract; formal requirements; good faith; non-renewal of contract; organisation's duties; termination; unsatisfactory service; warning;



  • Judgment 1546


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "The conclusion is that he had quite sufficient warning [two written warnings in addition to oral warnings and written comments on the quality of his work] about shortcomings in his performance and the risk of non-renewal. So it is immaterial whether the earlier criticisms are the same as those on which the decision rests. Furthermore, although the Organization's warning was sufficient, it was at liberty to cite prior incidents as well."

    Keywords:

    conduct; contract; discretion; fixed-term; grounds; non-renewal of contract; unsatisfactory service; warning;



  • Judgment 1386


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    "The administration is [...] at fault for not giving the complainant sufficient warning that there had been criticism of him and the success of his probation was in jeopardy. The organisation contends that he did get several oral warnings. Yet, contrary to the requirements of due administrative process, the file contains no evidence of such warnings, or their date or substance. The Tribunal is therefore unable to assess their scope."

    Keywords:

    complaint allowed; complaint allowed in part; decision quashed; due process; duty to inform; probation; procedural flaw; qualifications; termination; warning;

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Last updated: 12.08.2019 ^ top