Judgment No. 4459

• Organization: International Organization for Migration (IOM)
• Date: 27.01.2022
• Original: English
• Judges: Moore, Rawlins, Shen
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision dated 19 December 2018 is set aside, as is the decision of 13 July 2017.
2. IOM shall pay the complainant 10,000 euros in moral damages.
3. IOM shall also pay the complainant costs in the amount of 8,000 euros.

Summary

The complainant challenges the decision not to defer her transfer, under IOM’s policy on rotation, to Sudan until she was able to find adequate medical and schooling facilities for her disabled daughter.

Judgment keywords

Keywords

complaint allowed; transfer; duty of care

Consideration 10

Extract:

[T]he Tribunal’s view is that the complainant reasonably requested that her move to Sudan be delayed and that, pursuant to paragraph 5 to Annex 8 to the Staff Rules relating to rotation and the duty of care owed to the complainant, the Director General should have continued to temporarily waive her transfer under the rotation policy out of consideration for her daughter’s special needs and related family circumstances until she was able to secure suitable facilities there for her educational needs. This would have been in accordance with the duty of care which IOM owed to the complainant, which was accordingly breached.

Keywords

transfer; duty of care