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Judgment No. 115

Decision

THE COMPLAINT IS DISMISSED.

Consideration 1

Extract:

"At the request of [the] complainant [...], the Tribunal ordered [the witness to] be heard [...] and [the complainant's] personal file [to be disclosed]. The Tribunal considered, however, that the delivery of [the] complainant's medical file and of a document concerning events subsequent to the filing of the complaint was unnecessary for the disposition of the case."

Keywords

subsequent fact; tribunal; appraisal of evidence; disclosure of evidence; personal file; testimony; oral proceedings; request by a party

Consideration 2

Extract:

Under the applicable provision, the end of the period covered by the report "will normally coincide" with the date of the increment. "It is clear from the use of the word 'normally' that this provision is not mandatory and allows of exceptions to the rule in specific cases", in particular when as in the present case the complainant's service has been interrupted on account of illness and her supervisor understandably wished to discuss matters with her before making an evaluation of her performance.

Keywords

exception; organisation's duties; increment; performance report; sick leave; date

Consideration 7

Extract:

"[The] complainant's transfer, which involved no reduction in her salary, did not affect the nature of her appointment. In spite of her assignment to a temporary post, she continued to enjoy all the rights resulting from her appointment as a permanent staff member of the Organization. It follows that the [transfer] decision is not tainted by illegality."

Keywords

amendment to the rules; terms of appointment; assignment; transfer; duration of appointment; permanent; short-term; salary; effect; same

Consideration 3

Extract:

"[I]t does not follow that failure to establish an annual report when it is due automatically confers the right to the award of a salary increment". (The applicable provision provides that the end of the period covered by the report should coincide with the date of the increment; this provision is not mandatory).

Keywords

organisation's duties; increment; performance report; period; date; effect; omission

Consideration 7

Extract:

The applicable texts give "the Secretary-General discretionary power to assign staff members in the best interests of the organization, taking account in particular of the qualifications of the person concerned."

Keywords

assignment; transfer; qualifications; discretion; organisation's interest



 
Dernière mise à jour: 27.09.2017 ^ haut