Judgment No. 3488
1. The impugned decision dated 18 September 2012 is set aside to the extent that the Director dismissed the complainant’s harassment claim.
2. PAHO shall pay the complainant 25,000 United States dollars moral damages.
3. All other claims are dismissed.
The complainant challenges the Administration’s decision to transfer him, asserting that his transfer was the result of harassment and retaliation.
complaint allowed; decision quashed; transfer; organisation's interest; harassment
"These provisions confirm the Tribunal’s well established principle that, in the interest of an international organisation, an executive head of the organisation has a wide discretion regarding restructuring, staff appointments and assignments. The Tribunal may interfere only on the limited grounds that the decision was taken ultra vires or shows a formal or procedural flaw or mistake of fact or law, if some material fact was overlooked, if there was misuse of authority or an obviously wrong inference from the evidence. The Tribunal will be circumspect in reviewing a reassignment or transfer (see Judgments 883, under 5, 1556, under 5, and 2635, under 5). A reassignment may be influenced by the need to eliminate tensions that compromise the functioning of a unit (see Judgments 2229, under 3(a), and 2635, under 7). However, the organisation must show due regard, in both form and substance, for the dignity of the official concerned, particularly by providing her or him with work of the same level as that which she or he performed in his previous post and matching her or his qualifications (see Judgments 2191, under 3, 2594, under 14, 2819, under 8, and 2839, under 11)."
Jugement(s) TAOIT: 883, 1556, 2191, 2229, 2594, 2635, 2819, 2939