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Judgment No. 2635


1. The decision of 15 May 2006 is set aside.
2. The ITU shall pay the complainant 10,000 Swiss francs in moral damages.
3. It shall also pay her 5,000 francs in costs.
4. All other claims are dismissed.

Consideration 6


"While the head of an organisation must take into account the organisation's interests and the staff member's abilities and interests in the exercise of the discretion to transfer a staff member, in cases where the two are at odds, greater weight may be accorded by the decision-maker to the interests of the organisation (see Judgment 883)."


ILOAT Judgment(s): 883


organisation; staff member's interest; transfer; qualifications; discretion; executive head; organisation's interest; difference

Consideration 7


"It is [...] well established in the case law that the preservation of harmony and good relations in a working environment are legitimate interests. A decision to transfer a staff member will not be invalid if taken for that purpose. Accordingly, in the present case, even if the decision to transfer the complainant was motivated by a desire to resolve relational difficulties, provided the new position accorded reasonably with her qualifications and respected her dignity, there would be no basis on which to interfere with the decision."


decision; grounds; organisation's duties; respect for dignity; staff member's interest; transfer; qualifications; working conditions; working relations; discretion; organisation's interest; purpose

Last updated: 18.08.2020 ^ top