Judgment No. 373
1. THE DECISION OF THE DIRECTOR-GENERAL OF 1 DECEMBER 1977, IN SO FAR AS IT REFUSES TO PAY COMPENSATION, IS QUASHED;
2. THE ORGANIZATION SHALL PAY TO THE COMPLAINANT $8,000 IN COMPENSATION AND REIMBURSE HER COSTS TO THE EXTENT OF $2,000;
3. HER OTHER CLAIMS ARE DISMISSED.
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."
presumption; abolition of post; reassignment; flaw; bias
The complainant was transferred improperly. "Positions which are graded at the same level may nevertheless differ considerably in status and prestige. The Tribunal agrees [...] that the complainant has lost the professional standing that the post of regional adviser gives. Moreover, the transfer was handled in such a way as to give the impression that she was being edged out of her position for reasons unstated; this must have caused her personal distress."
complaint allowed; moral injury; professional injury; decision quashed; transfer; flaw