Transfer (255, 256, 257,-666)

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Keywords: Transfer
Total judgments found: 146

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• Judgment 129

  
  21st Session, 1969
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "[T]he Tribunal is satisfied that the [...] decision to transfer was taken purely in the interest of the organization. Where this is the case, the Tribunal will not substitute its own judgment for that of the Director-General unless he has based his decision on incorrect facts or has failed to take essential facts into consideration or has drawn false conclusions from the documents in the dossier."

  Keywords:

  discretion; judicial review; organisation's interest; transfer;
  

  Considerations

  Extract:

  The fact that "inharmonious working relations between the officers concerned in the project were endangering its success, was of itself sufficient, without inquiring into where the fault lay, to support the decision of the Director-General to move the complainant to another assignment."

  Keywords:

  grounds; organisation's interest; transfer; working relations;
  

  
  
  

• Judgment 126

  
  20th Session, 1968
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "[W]hile as a general rule employees in a given grade must be assigned to work normally done by members of that grade, it is within the discretion of the Director-General, provided that there is no change in the grade or reduction in salary, nor any lowering of the dignity of the persons concerned, to assign them to work done by lower-grade employees if the needs of the service so require".

  Keywords:

  assignment; discretion; downgrading; grade; limits; organisation's duties; organisation's interest; respect for dignity; salary; transfer;
  

  
  
  

• Judgment 115

  
  18th Session, 1967
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "[The] complainant's transfer, which involved no reduction in her salary, did not affect the nature of her appointment. In spite of her assignment to a temporary post, she continued to enjoy all the rights resulting from her appointment as a permanent staff member of the Organization. It follows that the [transfer] decision is not tainted by illegality."

  Keywords:

  amendment to the rules; assignment; duration of appointment; effect; permanent appointment; salary; short-term; terms of appointment; transfer;
  

  Consideration 7

  Extract:

  The applicable texts give "the Secretary-General discretionary power to assign staff members in the best interests of the organization, taking account in particular of the qualifications of the person concerned."

  Keywords:

  assignment; discretion; organisation's interest; qualifications; transfer;
  

  
  
  

• Judgment 106

  
  17th Session, 1967
  United International Bureaux for the Protection of Intellectual Property
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "It is established by the [evidence] that the change in [the complainant's] duties was the result of the reorganisation in some of the organisation's services [...] and that [he] freely accepted the post of chief of this new service, the real importance of which does not depend on whether it was of a permanent or temporary character. Hence [the] complainant's argument that the change in his situation [...] was not justified by the interests of the service and constituted downgrading is not well founded."

  Keywords:

  acceptance; assignment; organisation's interest; reorganisation; transfer;
  

  
  
  

• Judgment 100

  
  17th Session, 1967
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  In transferring the complainant within the same service, "the Director-General was simply exercising his right under [the applicable provision] while at the same time conforming to the terms of the complainant's appointment. It appears from the evidence in the dossier that this decision was taken in the interests of the service, and that it was not accompanied by any reduction in salary, and that it in no way affected the statutory rights of the complainant." The decision is lawful and does not constitute a sanction.

  Keywords:

  judicial review; lack of injury; organisation's interest; transfer;
  

  
  
  

• Judgment 25

  
  6th Session, 1957
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (A)

  Extract:

  "The Director-General [...] enjoys discretionary powers in respect of the transfer of staff members to posts other than those to which they are initially assigned [...]. A refusal to accept a transfer may raise obstacles to the extension of an engagement beyond its original date of termination."

  Keywords:

  contract; discretion; fixed-term; non-renewal of contract; refusal; transfer;
  

  Consideration (A)

  Extract:

  "The offer of a new appointment, coupled with a transfer, exempts the organization from having to give advance notice of the expiration of the current appointment."

  Keywords:

  contract; fixed-term; non-renewal of contract; notice; organisation's duties; transfer;
  

  Consideration (A)

  Extract:

  "An offer was made to the complainant to extend his appointment and to transfer him [to the field]. The complainant made his acceptance of this offer subject to conditions the Director-General felt unable to accept. [The] non-renewal of the complainant's appointment did not violate [...] any of the relevant provisions of the Staff Regulations and Staff Rules."

  Keywords:

  contract; field; fixed-term; non-renewal of contract; refusal; transfer;
  

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