Judgment No. 2803
1. The impugned decision is set aside.
2. The case is remitted to the Organization in order that it may proceed as indicated under 9.
3. The Organization shall pay the complainant the amount of 40,000 Swiss francs as compensation for the moral injury suffered.
4. All other claims are dismissed.
"Although the Director-General will ordinarily be treated as the best judge of what the Organization's interests are and the Tribunal will not ordinarily interfere in his assessment of them, nevertheless it will do so in this case. It is quite inadequate to plead that the decision to transfer the complainant was "in the interests of the Organization". The basis for reaching that conclusion must be made clear so that the Tribunal may exercise its power of review and determine whether there exists any of the grounds for setting aside a discretionary decision of that kind."
"In the present case, [...] the Tribunal considers that the Organization's clear explanation of the reasons for the complainant's transfer enabled it to conduct a review [...]."
Jugement(s) TAOIT: 1234
complaint allowed; complaint allowed in part; duty to substantiate decision; organisation's duties; post; judicial review; discretion; limits; organisation's interest
"The Tribunal draws attention to the fact that, according to a long line of precedent going back to Judgment 476, in order for there to be misuse of authority it must be established that the decision rested on considerations extraneous to the Organization's interests."
Jugement(s) TAOIT: 476
complaint allowed; complaint allowed in part; lack of evidence; transfer; misuse of authority