Transfer (255, 256, 257,-666)
You searched for:
Keywords: Transfer
Total judgments found: 144
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Judgment 3996
126th Session, 2018
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to investigate her claim of harassment, the decision to permanently transfer her and the decision to offer her an extension of appointment in her new position.
Judgment keywords
Keywords:
complaint dismissed; extension of contract; harassment; transfer;
Consideration 4J
Extract:
[T]he Executive Secretary’s discretionary power with respect to a transfer must necessarily yield to the objective appearance of a conflict of interest; even more, considering that the complainant herself had requested the written commitment, and that the conflict of interest cannot be superseded by a commitment or an agreement.
Keywords:
conflict of interest; discretion; transfer;
Judgment 3936
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who held the grade P-5 post of Head of UNESCO’s National Office in Kinshasa, challenges the decision to transfer her to Paris.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; transfer;
Judgment 3699
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer him to a Senior Advisor post.
Judgment keywords
Keywords:
complaint allowed; decision quashed; transfer;
Judgment 3686
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Director-General’s final decision on her internal appeal in relation to the issuance of new terms of reference altering the functions of her post, arguing that the compensation she was offered was inadequate.
Judgment keywords
Keywords:
complaint allowed; reassignment; transfer;
Judgment 3663
122nd Session, 2016
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that his dignity was impaired in the context of his various transfers.
Judgment keywords
Keywords:
complaint dismissed; respect for dignity; transfer;
Judgment 3662
122nd Session, 2016
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his transfer to another post.
Judgment keywords
Keywords:
complaint dismissed; transfer;
Consideration 4
Extract:
The Tribunal finds that the reasons given to the complainant for the decision to transfer him are confined to very general references to the applicable provisions. Such references are, however, meaningless if they are not accompanied by more precise information enabling the official and, possibly, the judge to comprehend the real grounds underpinning the decision taken, especially in the case of a measure, such as that of transferring an official, which should be hedged with safeguards.
Keywords:
motivation; motivation of final decision; transfer;
Consideration 3
Extract:
As the Tribunal has consistently held, the reasons for any decision having an adverse effect, such as a transfer decision, must be stated. The reasons may be contained in the notice given to the official of the decision or in some other document. The Tribunal also accepts that the reasons may be provided in prior proceedings, or orally, or may be conveyed in response to a subsequent challenge (see Judgments 1590, under 7, 1757, under 5, and 3316, under 7).
Reference(s)
ILOAT Judgment(s): 1590, 1757, 3316
Keywords:
motivation; motivation of final decision; transfer;
Consideration 5
Extract:
It follows [...] that the complainant had been given explanations enabling him to comment on his new duties in detail and in full knowledge of the facts before the decision of 11 June 2013. That decision therefore satisfied the requirements of the Tribunal’s case law regarding the need to provide reasons (see Judgments 1817, under 6, 2391, under 7, or 2850, under 8).
Reference(s)
ILOAT Judgment(s): 1817, 2391, 2850
Keywords:
motivation; motivation of final decision; transfer;
Consideration 9
Extract:
As the Tribunal has consistently held, every transfer must respect the general principles governing decisions affecting an official’s status. In order to respect the official’s dignity, it is not enough for the person concerned to retain her or his grade and remuneration; care must also be taken to ensure that the new post provides her or him with work of the same level as that which she or he performed in her or his previous post and matching her or his qualifications (see, in particular, Judgment 2856, under 10).
Reference(s)
ILOAT Judgment(s): 2856
Keywords:
respect for dignity; transfer;
Judgment 3660
122nd Session, 2016
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his transfer, complaining that he was ousted from his job, without notice or prior consultation, and assigned to a “fictitious job”.
Judgment keywords
Keywords:
complaint allowed; decision quashed; transfer;
Consideration 3
Extract:
As the Tribunal has consistently held, the reasons for any decision having an adverse effect, such as a transfer decision, must be stated. The reasons may be contained in the notice given to the official of the decision or in some other document. The Tribunal also accepts that the reasons may be provided in prior proceedings, or orally, or may be conveyed in response to a subsequent challenge. (See Judgments 1590, under 7, 1757, under 5, and 3316, under 7.)
Reference(s)
ILOAT Judgment(s): 1590, 1757, 3316
Keywords:
motivation; transfer;
Consideration 4
Extract:
According to the case law, for the sake of proper management and mutual trust, an organisation must treat its staff fairly. To this end, it must give an official the opportunity of a fair hearing. (See Judgments 2226, under 20, and 1234, under 19.)
Reference(s)
ILOAT Judgment(s): 1234, 2226
Keywords:
transfer;
Consideration 4
Extract:
The Tribunal notes that the reasons given to the complainant in this document to justify the decision to transfer him are confined to very general references to the applicable provisions. Such references are, however, meaningless if they are not accompanied by more precise information enabling the official and, as the case may be, the judge to comprehend the real grounds underpinning the decision taken, especially in the case of a measure, such as that of transferring an official, which should be hedged with safeguards.
Keywords:
motivation; transfer;
Judgment 3607
121st Session, 2016
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to transfer another staff member to the post of Director-Advisor, Office of the Deputy Director General, Development Sector.
Judgment keywords
Keywords:
complaint dismissed; transfer;
Judgment 3581
121st Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss her for serious misconduct.
Consideration 7
Extract:
"It is true, as the complainant argues, that she was entitled to be told of the reasons for her transfer (see Judgment 2839, consideration 11)."
Reference(s)
ILOAT Judgment(s): 2839
Keywords:
transfer;
Consideration 6
Extract:
"The complainant was obliged to comply with the transfer decision and a refusal to do so could have justified summary dismissal. In at least two earlier decisions the Tribunal has said that the failure of an international civil servant to abide by and give effect to a decision to transfer her or him, might justify their dismissal (see Judgments 154 and 325)."
Reference(s)
ILOAT Judgment(s): 154, 325
Keywords:
transfer;
Judgment 3501
120th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the decision to transfer another staff member to the post of Deputy Director of WIPO’s Communications Division.
Judgment keywords
Keywords:
abuse of power; bias; complaint dismissed; joinder; misuse of authority; transfer;
Judgment 3500
120th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the decision to transfer another staff member to the post of Head of the Executive Education Program.
Judgment keywords
Keywords:
abuse of power; bias; complaint dismissed; discretion; joinder; misuse of authority; transfer;
Judgment 3499
120th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the rejection of their appeal against the creation of the Ethics Office and the decision to transfer another staff member to the position of Chief Ethics Officer.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; joinder; transfer;
Judgment 3488
120th Session, 2015
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Administration’s decision to transfer him, asserting that his transfer was the result of harassment and retaliation.
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; organisation's interest; transfer;
Judgment 3484
120th Session, 2015
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the FAO’s rejection of his request to be transferred back to the Security Service.
Judgment keywords
Keywords:
complaint dismissed; health reasons; transfer;
Judgment 3450
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal set aside the contested appointment because the complainant's right to a fair and open competition was violated.
Considerations 10-11
Extract:
The Tribunal notes that Ms N. was at the P.5 level and was transferred without competition to a P.4 position, retaining her P.5 salary and benefits. Therefore, the Tribunal considers her appointment to be an in-grade transfer, though it could appear to some to have been a demotion or downgrade. It is useful to note that, in principle, it would not appear to be in the ILO’s best interest, from a financial point of view, to fill positions of lower grades with staff members from higher grades, nor would it demonstrate a particular respect for a staff member’s dignity to assign her or him to a position at a lower grade.
The complainant raises the issue of violation of the principle of equality of treatment, arguing that she was treated differently than Ms N. following the abolition of her post. As the Tribunal finds Ms N.’s appointment to have been unlawful, there can be no violation of the principle of equality of treatment, as there cannot be equality in unlawfulness.
Keywords:
equal treatment; respect for dignity; transfer;
Judgment 3411
119th Session, 2015
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants successfully impugn the decision not to extend their contracts upon expiry.
Judgment keywords
Keywords:
status of complainant; transfer;
Judgment 3250
116th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant was recognized as a victim of institutional harassment.
Consideration 10
Extract:
"While the conduct of management which is necessary and reasonable would not constitute harassment, the present case demonstrates how continued mismanagement showing gross negligence on the part of the Organization cannot justify any longer the “managerial need” for the repeated temporary transfers of the complainant which had an ill effect on her. Taken individually, the isolated incidents [...] can perhaps be considered as improper but managerially justified, but taken as a whole the effect is much more damaging to the complainant and can no longer be excused by administrative necessity."
Keywords:
harassment; injury; institutional harassment; negligence; organisation's duties; professional injury; transfer; working conditions;
Judgment 3193
114th Session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges both the reclassification of a vacant post and the appointment to that post of another staff member.
Consideration 12
Extract:
"In a case where a complainant establishes that the disputed decision involved an abuse of power, the appropriate relief is often to set aside the decision. Indeed, such a decision should not stand in the face of the conclusion that it involved an abuse of power. [However], in the somewhat unusual circumstances of this case, it would be inadvisable to set aside the disputed decisions notwithstanding the Tribunal’s finding that they involved an abuse of power. The appropriate remedy is therefore to award the complainant moral damages for the indirect consequences of the decisions the Tribunal has concluded were legally flawed."
Reference(s)
ILOAT Judgment(s): 496
Keywords:
abuse of power; misuse of authority; moral injury; organisation's interest; post classification; reassignment; transfer;
Judgment 3188
114th Session, 2013
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions not to update her job description, not to select her for a G-6 position and her alleged subsequent demotion.
Judgment keywords
Keywords:
complaint allowed; downgrading; selection procedure; transfer;
Judgment 3164
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the rejection of her request for a transfer, alleging harassment.
Judgment keywords
Keywords:
complaint allowed; conversion of contract; decision quashed; harassment; permanent appointment; transfer;
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