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Judgment No. 1018

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

"It is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, bring about good working relations and improve efficiency. that is one of the factors he may take into account when considering transfers, and the Tribunal will be slow to interfere with such exercise of his discretion especially if, as is the case here, the transfer causes no injury to the employee transferred."

Keywords

lack of injury; transfer; working relations; judicial review; discretion; organisation's interest

Consideration 5

Extract:

The complainant is challenging a decision to transfer him. "The Tribunal is [...] satisfied on the evidence that there was no abuse of the Secretary-General's authority. So far from being arbitrary the transfer was ordered on objective grounds and in the interests of more efficient management".

Keywords

grounds; transfer; reorganisation; judicial review

Consideration 6

Extract:

The complainant objects to being transferred and argues that his new work is only temporary and that his position is precarious. "The argument is unfounded. The complainant's transfer did not reduce his salary or change the nature of his employment. His new duties were classified at P.2. He was transferred not to a temporary post but with his own permanent post. When his new duties have been fully accomplished, he will still retain his permanent appointment and all the rights that go with it."

Keywords

assignment; transfer; post; permanent appointment; short-term



 
Last updated: 06.03.2020 ^ top