Judgment No. 534
Decision
THE COMPLAINT IS DISMISSED.
Consideration 3
Extract:
The complainant alleges that there were several vacancies at the time of his transfer, but his contention is not borne out by the evidence. "Even supposing the Director-General could have found him some other assignment - though that is not established - the decision would have been made in the exercise of discretionary authority."
Keywords
assignment; transfer; discretion
Consideration 2
Extract:
Transfer, without change in his terms of employment to a new linguistic unit. "He will indeed never be a professional translator. Yet it was reasonable for the Director-General to expect him to be able to do worthwhile work in his new assignment. It was in the Director-General's discretion to make the transfer, and the decision was neither detrimental to the complainant's dignity nor in breach of his rights under the terms of his appointment."
Keywords
organisation's duties; assignment; transfer; discretion
Consideration 4
Extract:
"The complainant retorts that he was discriminated against on the grounds of his nationality and religion. There is no evidence in what the ILO did of any such abuse of authority. Besides, pending the hearing of this case by the Tribunal the ILO has offered the complainant alternative employment which he seems willing to accept."
Keywords
nationality; lack of evidence; transfer; bias
Consideration 1
Extract:
"The head of an international organisation is responsible for the sound administration of its secretariat. For the purpose he is vested with executive authority to assign staff to different posts, with due regard to their particular qualifications, so as to maintain the highest possible standards of efficiency."
Keywords
assignment; discretion; organisation's interest
Consideration 1
Extract:
In case of financial difficulties, transfers must be considered to keep down the number of dismissals. Staff Regulations and the terms of individual staff members' contracts limit the discretion of the Director-General. "The executive head may not of his own accord alter the staff member's grade, reduce his salary or injure his dignity."
Keywords
transfer; budgetary reasons; discretion
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