Warning (514,-666)

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Keywords: Warning
Total judgments found: 33

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• 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 of employment; 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:

  due process; duty to inform; probationary period; procedural flaw; qualifications; termination of employment; warning;
  

  
  
  

• Judgment 1162

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

  Considerations 3-4

  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 3-5

  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:

  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; 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 of employment; 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 report; probationary period; termination of employment; 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 of employment; 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 of employment; unsatisfactory service; warning;
  

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