Reassignment (381, 382, 649,-666)
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Keywords: Reassignment
Total judgments found: 86
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Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
According to the FAO Manual, before terminating an expert's appointment the organization must make sure that it cannot find him other employment. The organization "must show the diligence which the circumstances of the case require." In this case, "it was dilatory", took "a hasty decision and one which had not been preceded by any prompt inquiries."
Keywords:
abolition of post; contract; organisation's duties; project personnel; reassignment;
Consideration 8
Extract:
The complainant lost his job by virtue of a provision concerning the abolition of posts. For reasons of his age, seniority, the expectation that he would soon retire and family responsibilities, "the complainant had a certain right to preference, even over more highly qualified candidates. That does not mean [...] that he should have been appointed in preference to any other candidate. [...] In putting him on the same footing as the others, the organization failed to take due account of all the relevant factors of his case."
Keywords:
abolition of post; contract; disregard of essential fact; organisation's duties; priority; project personnel; reassignment; termination of employment;
Judgment 373
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant is challenging both the decision to abolish her post rather than another comparable one and the decision to appoint someone else to the remaining post. The Board found no positive evidence of personal prejudice towards the complainant. Nor does the Tribunal. However the Board did call attention to certain aspects of the matter which in the opinion of the Tribunal require an explanation. No such explanation is contained in the dossier. "[I]n its absence the Tribunal feels bound to infer that in the taking of the decision [to transfer her] there was some error of fact or of law or that essential facts were not taken into consideration or that a clearly mistaken conclusion was drawn from the facts. Accordingly, the decision must be set aside."
Keywords:
abolition of post; bias; flaw; presumption; reassignment;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's post was abolished and for a trial period he was assigned other duties. The Secretary-General was bound to take account of the reports on his performance in the various posts he held. More or less severe criticisms were made of him. In view of the evidence before the Tribunal, the Secretary-General may not be said to have drawn clearly mistaken conclusions therefrom, which warranted the termination of his appointment.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; judicial review; mistaken conclusion; probationary period; qualifications; reassignment; termination of employment; unsatisfactory service;
Consideration 4
Extract:
The complainant argues that as a permanent official who had lost his post he was entitled to be appointed to a suitable vacant post without having to take a test. The applicable regulation provides for the grant of priority subject to two conditions: the existence of a suitable vacant post and the staff member's capacity to give useful service in that post. "To determine whether the two conditions are met it may sometimes be necessary to test the staff member whose post has been abolished." There was no mistake of law.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; condition; contract; permanent appointment; priority; probationary period; qualifications; reassignment; termination of employment; vacancy;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[T]here is a general principle whereby an organisation may not terminate the appointment of a staff member whose post has been abolished, at least if he holds an appointment of indeterminate duration, without first taking suitable steps to find him alternative employment."
Keywords:
abolition of post; contract; organisation's duties; permanent appointment; reassignment; termination of employment;
Judgment 139
22nd Session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Under the Staff Rules, the Director-General must endeavour to find another post for an official whose post has been abolished. "[T]he official who has worked for many years for the organization to its full satisfaction is absolutely entitled to fill a post suitable to his abilities and grade in preference to any other candidate."
Keywords:
abolition of post; contract; organisation's duties; permanent appointment; priority; reassignment; termination of employment;
Judgment 133
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant fulfilled the duties assigned to him in an exemplary manner over a period of 15 years. "He is now approaching 50, and would find it all the more difficult to secure employment outside the organization inasmuch as he has been engaged on specialised duties which have no counterpart in most national administrations or private organizations. He was therefore entitled to the treatment accorded to deserving former staff members, that is to say, he could claim appointment to any vacant post for which he was qualified, with priority over all other candidates."
Keywords:
abolition of post; priority; reassignment; satisfactory service; termination of employment;
Consideration 4
Extract:
"[I]t is consonant with the spirit of the Rules and Regulations that a staff member who has served the organization in a fully satisfactory manner for a particularly long period, and who might reasonably have expected to finish his career in the same organization, should be treated in a manner more appropriate to his situation. If he loses his post, he may claim to be appointed to any vacant post which he is capable of filling in a competent manner, whatever may be the qualifications of the other candidates [...]. This interpretation [...] take[s] account of the legitimate expectation of staff members [and] is not prejudicial to the organization itself, which has every interest in employing staff members who have shown themselves deserving of confidence over a long period of employment."
Keywords:
abolition of post; legitimate expectation; priority; reassignment; satisfactory service;
Consideration 5
Extract:
"The evidence produced does not establish that the organization fulfilled all its obligations in the matter." On three occasions account was taken of the complainant's candidature in respect of vacant posts. "Nevertheless, on each of these occasions, instead of simply considering the complainant's qualifications and appointing him to a post that he was capable of filling, the organization assessed the merits of the various applicants and thus followed the normal procedure. In so doing it complied with the letter of the Regulations, but it did not take account of the general principle* derived from [the applicable provision]". *Preference should be extended to deserving former staff members.
Keywords:
abolition of post; contract; fixed-term; material damages; organisation's duties; priority; reassignment; subsidiary; termination of employment; vacancy;
Consideration 5
Extract:
"The organization cannot claim to have discharged its responsibilities by offering [the] complainant a post in grade P.1/P.2 [...] even if [he] had continued to receive his P.3 salary, the duties attached to the post were of a lower grade than those he had formerly performed. He was therefore justified in refusing the offer."
Keywords:
abolition of post; complainant; downgrading; grade; organisation's duties; reassignment; refusal;
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