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Judgment No. 126

Decision

THE COMPLAINTS ARE DISMISSED.

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

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

Consideration 9

Extract:

Under the applicable provision "the Director-General clearly has discretionary power to determine whether the continued employment of a staff member is contrary to the interests of the organization or not; it follows that any decision taken under [the applicable provision] does not come within the Tribunal's power of review unless" [...]; the Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his suitability for international service.

Keywords

work appraisal; qualifications; termination of employment; fitness for international civil service; judicial review; discretion; organisation's interest

Consideration 7

Extract:

"As to the claim for written and public apologies to be made by [...] the organization [...] this claim is not within the competence of the Administrative Tribunal."

Keywords

claim; vague claim; competence of tribunal

Consideration 9

Extract:

"[H]aving recognised by decision of 22 March [...] which has become final as a result of this judgment of today's date, the need to transfer complainant to a different post, and having found it impossible to find another post acceptable to her, the Director-General was lawfully entitled to consider, after consulting the persons referred to [in the applicable provision], that the complainant's retention in the service of [the organization] was contrary to the interests of the organization."

Keywords

organisation; request for transfer; termination of employment; health reasons; organisation's interest; refusal

Consideration 1

Extract:

The organization contends that the present complaint has become irrelevant because of the termination of the complainant's employment after the filing of the complaint. "But the legality of the decision to terminate, which is also attacked in a complaint before the Administrative Tribunal, depends on the disposal of the present complaint. Moreover, if the present complaint were held to be well founded, the complainant could claim damages even if her complaint concerning termination were to be dismissed."

Keywords

complaint; receivability of the complaint; cause of action; competence of tribunal; separation from service; termination of employment; judicial review



 
Last updated: 17.08.2020 ^ top