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Warning (514,-666)

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Keywords: Warning
Total judgments found: 29

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  • Judgment 1162


    72nd Session, 1992
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

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

    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:

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



  • Judgment 848


    63rd Session, 1987
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant stated on his employment application that he was of Chilean nationality. Learning that he didn't have a Chilean passport, the Director General imposed a written reprimand for serious misconduct. According to the Tribunal, "the Director General's decision that the complainant had not proved his Chilean nationality was based on an error of law and a failure to take essential facts into consideration. Therefore it cannot stand."

    Keywords:

    complaint allowed; decision quashed; disciplinary measure; disregard of essential fact; evidence; flaw; misrepresentation; nationality; serious misconduct; warning;



  • Judgment 403


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    the complainant was urged by the organisation not to use official stationery for communications of a non-recognised staff association. the tribunal does not believe that the use of inter-office memoranda could be interpreted as giving an official character to the correspondence. "the tribunal does not consider that the position is so clear or the offence, if there was one, so heinous as to call for a warning of severe disciplinary measures."

    Keywords:

    disciplinary measure; misconduct; proportionality; staff representative; warning;

    Consideration 2

    Extract:

    under the applicable provision, a formal warning is equated with a written reprimand, but is declared not to be a disciplinary measure. "the decision to warn is one over which the tribunal exercises only a limited power of review".

    Keywords:

    censure; disciplinary measure; judicial review; warning;

    Consideration 18

    Extract:

    the director-general issued the complainant, the chairman of a staff association not recognised by the organization, instructions concerning time off in two memoranda. the tribunal believes that the director drew clearly erroneous conclusions from the dossier. by way of relief the complainant asks for the withdrawal of the documents mentioned from her file. "the tribunal considers that in this case the quashing of the decision will afford all the relief necessary."

    Keywords:

    application for quashing; complaint allowed; decision quashed; mistaken conclusion; personal file; staff representative; staff union; time off; warning;



  • Judgment 274


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "the director-general has ... under the general rules of the organization disciplinary control over all staff members and he must therefore have inherent power to warn as an alternative to a disciplinary measure and to have the warning put on record; whether or not that is called a reprimand does not matter."

    Keywords:

    competence; disciplinary measure; executive head; provision; staff regulations and rules; warning;



  • Judgment 248


    34th Session, 1975
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the complainant was warned by her supervisors that the quality of her services was not satisfactory; she was transferred to allow her to get adapted; different chiefs found her to be incompetent; she "received several warnings that if her services did not improve the organization would feel bound to dismiss her under staff regulation... the tribunal holds that not only was the correct procedure followed for dismissing her but the organization actually showed great forbearance and consideration towards her."

    Keywords:

    judicial review; termination; transfer; unsatisfactory service; warning;



  • Judgment 241


    33rd Session, 1974
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    according to the complainant, the decision not to renew her contract was taken on mistaken grounds, that is on incorrect facts. in concluding that there had been no prejudice, that her case had been fully examined and that despite warnings her work performance had not improved, the director-general "took account of facts which are not proved to be incorrect." each of these points is confirmed by the evidence in the dossier.

    Keywords:

    contract; fixed-term; judicial review; non-renewal of contract; unsatisfactory service; warning;



  • Judgment 112


    18th Session, 1967
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The criticisms addressed to the complainant, "even if they were not frequent [...] were nonetheless such as to make him aware of the failings of which he is accused." The absence of warning prior to communication of the unfavourable report is not a material fact in the matter at issue.

    Keywords:

    probation; probation report; termination; unsatisfactory service; warning;



  • Judgment 96


    16th Session, 1966
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant's behaviour, in which he persisted over a period of several years in spite of warnings from the organisation and from the Tribunal, showed repeated infringements by him [...] of the Staff Regulations and was of a nature to throw public discredit on the organisation; it thus constituted serious misconduct under which [the applicable provision] was such as legally to justify his summary dismissal without notice."

    Keywords:

    conduct; organisation's reputation; serious misconduct; staff member's duties; summary dismissal; termination; vexatious complaint; warning;



  • Judgment 90


    15th Session, 1965
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was dismissed without advance notice in violation of the applicable provision. The decision is quashed.

    Keywords:

    breach; decision quashed; organisation's duties; provision; staff regulations and rules; termination; unsatisfactory service; warning;

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Last updated: 19.09.2019 ^ top