Judgment No. 1757
Decision
The complaint and Eurocontrol's counter-claim are dismissed.
Consideration 4
Extract:
In processing, ordering and notifying transfer an organisation must heed the staff member's dignity and good name and not cause undue injury. And the decision must follow proper inquiry: see Judgment 1496 [...] under 7 and 8.
Reference(s)
Jugement(s) TAOIT: 1496
Keywords
decision; moral injury; organisation's duties; respect for dignity; transfer
Consideration 5
Extract:
"Transfer is such an important decision that it must be properly accounted for. For one thing, that helps the staff member to make up his mind about what to do, for example lodge an appeal; for another, it allows review of the lawfulness of the decision. Yet the reasons need not be stated in the actual text notifying transfer: they may have been conveyed beforehand or later, even in the course of internal appeal proceedings."
Keywords
decision; duty to substantiate decision; grounds; right of appeal; organisation's duties; transfer; date
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