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Judgment No. 1556


The complaint is dismissed.

Consideration 5


"Like appointment and promotion, transfer is at the discretion of the executive head of the international organisation and subject to only limited review. The Tribunal may interfere only if the decision was taken ultra vires or shows formal or procedural flaw or mistake of fact or law, or if some material fact was overlooked, or if there was misuse of authority or an obviously wrong inference from the evidence. And the Tribunal will be especially wary in reviewing a transfer since it may not replace the employer's rating of the official with its own."


decision; transfer; promotion; appointment; judicial review; discretion; executive head; limits

Consideration 12


"In any event [the complainant] may not plead want of due notice [...]. Having been well aware as early as [53 days before] of the sort of post she was to get and of her duty station, she may not properly plead bad faith."


complainant; good faith; organisation's duties; duty to inform; assignment; duty station; transfer; post description; post

Dernière mise à jour: 06.10.2014 ^ haut