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Judgment No. 132

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

"Whereas the complainant had to be informed beforehand that his transfer was contemplated, since this was a measure affecting him personally and entailing a major change of residence [...] all the circumstances on which the competent authority based its decision were [...] known to the complainant [...] he had commented on them at length [...] his chief had [...] warned him [...] that [...] the existing situation could not but seriously impair the satisfactory operation of the [service]."

Keywords

grounds; right to reply; duty to inform; transfer; notice; organisation's interest

Considerations

Extract:

The complainant seeks to have the report of the legal adviser on the tense situation in a regional office, as a result of which he was transferred, disclosed in full. The report was communicated to the Tribunal with the exception of certain passages regarded as confidential. "In the circumstances of the case the Tribunal considers it unnecessary for the establishment of the fact to order that the omitted passages should be produced."

Keywords

complainant; tribunal; appraisal of evidence; confidential evidence; disclosure of evidence; request by a party

Considerations

Extract:

"Examination of the evidence shows that incidents involving [the complainant] had created a situation in the [regional office] prejudicial to its satisfactory operation. Consequently, regardless of where the responsibility for the incidents in question might lie, the Director-General on becoming aware of this situation was entitled to act under the authority derived from [the provision respecting transfer of staff in the interests of the service]."

Keywords

transfer; conduct; discretion; organisation's interest

Considerations

Extract:

The transfer decision was not based on any specific complaint but "on the need to ensure harmony among the officials [...]. This reason, which because of its very vagueness excludes any suggestion of a disciplinary measure, is in fact one of the reasons justifying transfer in the interests of the organisation in accordance with [the applicable provision]."

Keywords

grounds; transfer; working relations; organisation's interest



 
Last updated: 28.09.2017 ^ top