Judgment No. 1726
1. The Tribunal orders the ILO to pay to the complainant the sum of 10,000 United States dollars in damages.
2. It awards him 1,000 dollars in costs.
3. It dismisses all his other claims.
The complainant submits that his transfer was unlawful. He criticizes the administration, notably, for not consulting him. "The complainant's seniority, length of service (virtually all of it on difficult posts in developing countries), the fact that he had only recently been moved [...] and the wholly unnecessary and unjustifiable failure to consult him constitute in the Tribunal's view a serious affront to his dignity and a breach of the Organization's obligation of respect towards him as a member of its staff."
complaint allowed; complaint allowed in part; decision; injury; organisation's duties; respect for dignity; transfer; consultation
Although the Organisation's policy gave the complainant sound reasons to expect that he would be transferred to its Headquarters, "he did not have a legal right to demand such transfer and cannot recover any compensation for the failure to transfer him."
complaint allowed; complaint allowed in part; headquarters; practice; transfer; compensation; refusal; request by a party