Judgment No. 1055

• Organization: World Health Organization (WHO)
• Date: 29.01.1991
• Original: English
• Judges: Ducoux, Suffian, Douglas
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Summary

Extract:

WHO Staff Rule 565.2 reads: "A staff member may be reassigned whenever it is in the interest of the organization to do so". The Rule reflects a general principle stated in Judgment 810. Yet the Director-General's authority in the matter is not absolute. The Tribunal will determine whether there is a formal or procedural flaw, etc. It will also consider whether there has been breach of good faith.

Reference(s)

Organization rules reference: WHO STAFF RULE 565.2
ILOAT Judgment(s): 810

Keywords

good faith; transfer; judicial review; discretion; organisation's interest

Summary

Extract:

WHO Staff Rule 510.1 requires that "in determining the initial and any subsequent assignment, consideration shall be given, to the extent possible, to the staff member's particular abilities and interests". The complainant was transferred in accordance with a policy for rotating staff in the general service category which has the effect of upgrading their skills. The Tribunal is satisfied that the transfer was not contrary to his own interests.

Reference(s)

Organization rules reference: WHO STAFF RULE 510.1

Keywords

staff member's interest; transfer; judicial review