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Judgment No. 2856

Decision

The complaint is dismissed.

Consideration 5

Extract:

"The Tribunal rejects the Organization's argument that since the claim is now moot it is irreceivable. The Tribunal observes that a plea of mootness is not an issue of receivability. As a matter of law, a claim is moot when there is no longer a live controversy. Whether or not there is a live controversy is a matter to be determined by the Tribunal. Thus, even if a claim is moot it may still be receivable."

Keywords

complaint; receivability of the complaint; cause of action

Consideration 9

Extract:

"[I]t is useful to recall, as stated in Judgment 2510, under 10, that «an international organisation necessarily has power to restructure some or all of its departments or units, including by the abolition of posts, the creation of new posts and the redeployment of staff (see Judgments 269 and 1614)»."

Reference(s)

ILOAT Judgment(s): 1614, 2510

Keywords

abolition of post; reassignment; reorganisation; discretion

Consideration 9

Extract:

"As the Tribunal pointed out in Judgment 1131, under 5, «[i]t may not supplant an organisation's view with its own on such matters as a restructuring of posts or redeployment of staff intended to make savings or improve efficiencies». Decisions on them are discretionary and the Tribunal's power of review in this respect is limited."

Reference(s)

ILOAT Judgment(s): 1131

Keywords

creation of post; abolition of post; reassignment; reorganisation; judicial review; discretion; limits

Consideration 10

Extract:

"It is [...] clear that a transfer of a non-disciplinary nature «is subject to the general principles governing all decisions affecting an official's status. It must show due regard, in both form and substance, for the dignity of the official concerned, particularly by providing him with work of the same level as that which he performed in his previous post and matching his qualifications» (see Judgment 2229, under 3(a))."

Reference(s)

ILOAT Judgment(s): 2229

Keywords

decision; status of complainant; organisation's duties; respect for dignity; transfer; reassignment; working conditions; same

Considerations 11 and 13

Extract:

"At the outset, the complainant's grievance was in relation to his appointment, as a result of restructuring, to [a] position [...] at grade P.3. Although the complainant has advanced a number of arguments in support of his complaint, at this juncture, he holds a post at grade P.4 and throughout the material time he has retained his personal P.4 grade. [T]he central issue is whether there is merit to the complainant's contention that he should have been placed in a «genuine P.4 position»."
"The fundamental flaw in the complainant's position is that he has not adduced any evidence that he had the specific knowledge and skills required to function in a «genuine P.4 position» within the Organization¿s new Oracle-based system. [...] As well, not only has he not adduced any evidence to show that he has the requisite knowledge and skills to work in an Oracle-based system, the evidence shows that he had difficulty performing a number of tasks attributed to his new position."

Keywords

status of complainant; evidence; lack of evidence; qualifications; abolition of post; reassignment; reorganisation

Considerations 15 and 16

Extract:

"In its submissions the Organization details the comprehensive training strategy that was established to enable the complainant to strengthen his skills. [T]hat strategy included participation in a number of courses and a half-time secondment to the IRIS project to allow the complainant exposure to the new system."
"The Tribunal concludes that, in the circumstances, the Organization did its utmost to respect the complainant's dignity and good name and not to cause him any harm. Despite the fact that the complainant did not possess the requisite skills, the grade P.3 position was designated at grade P.4 and his personal grade was not altered."

Keywords

decision; status of complainant; organisation's duties; respect for dignity; transfer; grade; post held by complainant; qualifications; training; reassignment



 
Last updated: 02.10.2009 ^ top