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Judgment No. 3806


The complaint is dismissed.


The complainant challenges the decision to reject his appeal against a warning letter concerning his performance and the subsequent confirmation of that warning.

Judgment keywords


summary procedure; complaint dismissed

Consideration 6


It is firmly established by the Tribunalís case law that a warning letter under Circular No. 246 is merely a step in the procedure that leads to the drafting of a staff report and that, as such, it cannot be the subject of a complaint to the Tribunal nor be taken into account to the detriment of the employee (see, for example, Judgments 3697, 3629, 3512 and 3433). The complainant considers that this case law should not apply to his complaint because the warnings at issue involved harassment. However, as the Tribunal recalled in Judgment 3233, under 6, an allegation of harassment must be borne out by specific acts, the burden of proof being on the person who pleads it. In the present case, the Tribunal is bound to observe that the complainantís allegations of harassment are entirely unsubstantiated and amount to mere assertions. Accordingly, the Tribunal sees no reason to depart from the case law mentioned above concerning warnings issued under Circular No. 246.


ILOAT Judgment(s): 3233, 3433, 3512, 3629, 3697


decision; step in the procedure

Last updated: 15.09.2021 ^ top