Transfer (255, 256, 257,-666)
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Keywords: Transfer
Total judgments found: 144
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Judgment 1107
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, who joined CERN as a fireman, was transferred from a night-shift post to one confined to day work. The offer of the new post said that staff who gave up shift work could be compensated for loss of the shift allowance at digressive rates over three years. The Director- General decided to grant him compensation over a period of only one year. The Tribunal sets the decision aside on the grounds that "an offer of appointment holds good until it is withdrawn or accepted in good faith and without qualification, when it amounts to a contract."
Keywords:
acceptance; appointment; binding character; compensatory allowance; compensatory measure; contract; elements; good faith; offer; reduction of salary; salary; transfer;
Judgment 1090
70th Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant says that the Executive Director of the World Food Programme assured him in an interview that he could be sent to Tunisia for one term. The evidence shows that the organization took ten months before making its position clear without however denying outright that the Executive Director had made such a promise. The complainant therefore had good reason to expect up to then that he would get what he wanted. The FAO's behaviour could but cause the complainant at least moral injury for which he is entitled to redress.
Keywords:
injury; legitimate expectation; moral injury; promise; transfer;
Judgment 1079
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Interpol's Staff Regulations and Staff Rules provide staff members guarantees against the loss of grade or changes to their conditions of service in connection with the headquarters move. The organization having failed to comply in full with those obligations, as a result of which the complainant turned down the offer of transfer, the Tribunal refers the complainant to Interpol to determine the compensation to which he is entitled.
Keywords:
downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;
Judgment 1078
70th Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was transferred on account of his poor relations with other staff members. "The Tribunal is satisfied on the evidence before it that [the organisation] did not go beyond the bounds of the discretion it must be allowed in matters of internal administration and management."
Keywords:
discretion; judicial review; transfer; working relations;
Judgment 1055
70th Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
WHO Staff Rule 565.2 reads: "A staff member may be reassigned whenever it is in the interest of the organization to do so". The Rule reflects a general principle stated in Judgment 810. Yet the Director-General's authority in the matter is not absolute. The Tribunal will determine whether there is a formal or procedural flaw, etc. It will also consider whether there has been breach of good faith.
Reference(s)
Organization rules reference: WHO STAFF RULE 565.2
ILOAT Judgment(s): 810
Keywords:
discretion; good faith; judicial review; organisation's interest; transfer;
Summary
Extract:
WHO Staff Rule 510.1 requires that "in determining the initial and any subsequent assignment, consideration shall be given, to the extent possible, to the staff member's particular abilities and interests". The complainant was transferred in accordance with a policy for rotating staff in the general service category which has the effect of upgrading their skills. The Tribunal is satisfied that the transfer was not contrary to his own interests.
Reference(s)
Organization rules reference: WHO STAFF RULE 510.1
Keywords:
judicial review; staff member's interest; transfer;
Judgment 1050
69th Session, 1990
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7, Summary
Extract:
The complainant objects to the decision to transfer him. He takes the organization to task for failing to provide him with a description of his new post. As his new duties were similar to ones he held earlier, he must already have known what they were in the main.
Keywords:
organisation's duties; post description; transfer;
Consideration 4
Extract:
"The greater caution must be shown in interfering with a [transfer] decision which is founded solely on the organization's interests because the Director-General must ordinarily be deemed to be the best judge of what they are."
Keywords:
discretion; judicial review; organisation's interest; transfer;
Consideration 5
Extract:
"But Regulation 4.2 provides that the purpose of transfer is to secure 'the highest standards of efficiency, competence and integrity'. In acting in pursuance of that purpose the Director-General is not precluded from transferring a staff member provided that his intention is, as Regulation 1.1 requires, to serve the organization's interests and that the staff member's own abilities and interests are not overlooked. Where the Director-General believes that the organization's interests must prevail he will act accordingly and the staff member will ordinarily have to fall in line unless he prefers resignation."
Reference(s)
Organization rules reference: UNESCO STAFF REGULATIONS 1.1 AND 4.2
Keywords:
discretion; organisation's duties; organisation's interest; purpose; staff member's duties; staff member's interest; transfer;
Judgment 1035
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's permanent post was abolished and he was appointed to a temporary one for a period of two years. Any post, whatever its duration or source of funding, may be abolished because of a change of programme. Besides, the organisation had assured him that his post description, status and conditions of service would be the same as before. Under the circumstances the Tribunal finds that the decision has neither infringed his contractual rights nor otherwise affected him adversely.
Keywords:
abolition of post; budgetary reasons; contract; fixed-term; lack of injury; permanent appointment; post; terms of appointment; transfer;
Judgment 1024
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Interpol's Staff Regulations and Staff Rules provide staff members guarantees against the loss of grade or changes to their conditions of service in connection with the headquarters move. The organization having failed to comply in full with those obligations, as a result of which the complainants turned down the offer of transfer, the Tribunal refers the complainants to interpol to determine the compensation to which they are entitled.
Keywords:
downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;
Judgment 1023
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 1024.
Keywords:
downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;
Judgment 1022
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10, Summary
Extract:
The Staff Rules provide for a two-month period of consideration to allow the official to decide whether or not to accept the transfer offer. But the decision notified to the complainant failed to allow the two-month limit and was therefore tainted by a formal flaw. As the flaw does not go to the essence of the decision, the Tribunal held that the organization was liable on technical grounds.
Keywords:
flaw; formal flaw; time limit; transfer;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Interpol would have acted in breach of an official's acquired rights had it required him to choose between compulsory transfer and straightforward resignation, together with the consequences of resignation."
Keywords:
acquired right; resignation; transfer; transfer of headquarters;
Summary
Extract:
After initially accepting the organization's offer of transfer made in connection with its headquarters move, the complainants changed their minds. Their appointments were then terminated. The organization calculated the period of notice as if they had turned the transfer offers down from the start. The complainants argue that the period of notice must run from the day they made their position known and that they are therefore entitled to compensation. The Tribunal holds that such an interpretation runs counter to the applicable provisions since the organization's intention was to treat all staff members who refused the offer of transfer in the same way, whatever the date of their refusal.
Keywords:
compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination of employment; time limit; transfer; transfer of headquarters;
Consideration 12
Extract:
The complainant initially accepted the transfer but later changed his mind. He must be deemed never to have consented to leaving his posts. "If there was anything retroactive about the period of notice, that was attributable, not to any decision of Interpol's, but to his own shift of position."
Keywords:
acceptance; complainant; non-retroactivity; refusal; transfer;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
acquired right; resignation; transfer; transfer of headquarters;
Summary
Extract:
Vide Judgment 1020.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination of employment; time limit; transfer; transfer of headquarters;
Consideration 10
Extract:
The complainants initially accepted the transfer but later changed their minds. They must be deemed never to have consented to leaving their posts. "If there was anything retroactive about the period of notice, that was attributable, not to any decision of Interpol's, but to their own shift of position."
Keywords:
acceptance; complainant; non-retroactivity; refusal; transfer;
Judgment 1018
69th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, bring about good working relations and improve efficiency. that is one of the factors he may take into account when considering transfers, and the Tribunal will be slow to interfere with such exercise of his discretion especially if, as is the case here, the transfer causes no injury to the employee transferred."
Keywords:
discretion; judicial review; lack of injury; organisation's interest; transfer; working relations;
Consideration 5
Extract:
The complainant is challenging a decision to transfer him. "The Tribunal is [...] satisfied on the evidence that there was no abuse of the Secretary-General's authority. So far from being arbitrary the transfer was ordered on objective grounds and in the interests of more efficient management".
Keywords:
grounds; judicial review; reorganisation; transfer;
Consideration 6
Extract:
The complainant objects to being transferred and argues that his new work is only temporary and that his position is precarious. "The argument is unfounded. The complainant's transfer did not reduce his salary or change the nature of his employment. His new duties were classified at P.2. He was transferred not to a temporary post but with his own permanent post. When his new duties have been fully accomplished, he will still retain his permanent appointment and all the rights that go with it."
Keywords:
assignment; permanent appointment; post; short-term; transfer;
Judgment 996
68th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The requirement in [Article R II 1.24 of] the [ESO] Staff Regulations that the staff member consent to transfer is in marked contrast to other international organisations, in which transfer is common and the executive head has discretion to transfer staff from one duty station to another whether they consent or not. The complainant is correct in his submission that there is no provision in the ESO's rules for dismissal on the grounds of refusal of transfer."
Reference(s)
Organization rules reference: ARTICLE R II 1.24 OF THE ESO STAFF REGULATIONS
Keywords:
duty station; enforcement; organisation's duties; refusal; reinstatement; staff regulations and rules; termination of employment; transfer;
Judgment 942
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is plain from the evidence now before the Tribunal that the transfer was flawed: first, no objective and impartial inquiry, such as the complainant had been asking for all along, had been carried out beforehand; and, secondly, there was breach of the duty any international organisation owes its staff to treat them with respect for their dignity and good name. The impugned decision must therefore be set aside."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
flaw; inquiry; investigation; moral injury; organisation's duties; professional injury; respect for dignity; transfer; working relations;
Judgment 939
65th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was transferred without prior consultation of the Selection Board as required under Article 4.2(f) of the Staff Regulations. The Tribunal holds that the breach of procedure was minor, though it did cause the complainant injury. The Tribunal will therefore refrain from quashing the impugned decision and will order the organisation to pay the complainant damages and a further sum towards costs.
Reference(s)
Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS
Keywords:
consultation; costs; flaw; injury; material damages; organisation's duties; procedural flaw; selection board; transfer;
Consideration 30
Extract:
"If the organisation's best interests so require, if the post suits the appointee's qualifications and if his contract so permits, the assignment may be ordered even against his wishes."
Keywords:
discretion; organisation's interest; staff member's duties; transfer;
Consideration 25
Extract:
The complainant, who has not held a headquarters post for the past thirteen years, alleges breach of Circular 180. The Tribunal holds that "the Circular does not [...] make an unqualified promise to bring back to Headquarters an official who has spent a substantial period in the field: all it promises is intensive effort to do so".
Reference(s)
Organization rules reference: CIRCULAR 180 (SERIES 6) OF 22 MAY 1980
Keywords:
administrative instruction; assignment; field; headquarters; interpretation; request for transfer; right; transfer;
Judgment 883
64th Session, 1988
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Provided the correct procedure is followed, the Director has wide discretion in determining transfers of professional category staff."
Keywords:
discretion; transfer;
Consideration 3
Extract:
The Director of an organisation has wide discretion in determining transfers. His discretionary powers are not however unlimited. He must take account of both the organisation's interests and the staff member's particular abilities and interests. But in cases where these differ, the organisation's interests shall carry greater weight.
Keywords:
discretion; organisation's interest; staff member's interest; transfer;
Judgment 876
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
"A ruling on the lawfulness of the impugned decision requires disclosure of the papers the complainant cites and indeed the organization is not against disclosing them. The Tribunal orders further submissions as follows: [...]."
Keywords:
further submissions; inquiry; interlocutory order; investigation; transfer; working relations;
Judgment 843
63rd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal holds that the transfer, later reversed, to a post three grades lower was unlawful. Although the complainant's attitude may not have been beyond reproach, he suffered moral injury and loss of reputation. Under the circumstances, the amount of compensation provided by the impugned decision is too small and the Tribunal increases it from the equivalent of two to six months' take-home salary.
Keywords:
conduct; downgrading; material damages; moral injury; professional injury; transfer;
Judgment 824
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal may not replace with its own the Director-General's assessment of a staff member's conduct, work and qualifications. All it may do in the matter of an appointment, promotion or transfer is review the decision to see whether it was taken without authority, or whether there was a procedural or formal flaw, or a mistake of law or of fact, or abuse of authority, or a mistaken conclusion from the evidence, or whether some essential fact was overlooked."
Keywords:
appointment; conduct; discretion; judicial review; promotion; qualifications; transfer; work appraisal;
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