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Judgment No. 3662

Decision

The complaint is dismissed.

Summary

The complainant challenges his transfer to another post.

Judgment keywords

Keywords

transfer; complaint dismissed

Consideration 3

Extract:

As the Tribunal has consistently held, the reasons for any decision having an adverse effect, such as a transfer decision, must be stated. The reasons may be contained in the notice given to the official of the decision or in some other document. The Tribunal also accepts that the reasons may be provided in prior proceedings, or orally, or may be conveyed in response to a subsequent challenge (see Judgments 1590, under 7, 1757, under 5, and 3316, under 7).

Reference(s)

ILOAT Judgment(s): 1590, 1757, 3316

Keywords

transfer; motivation

Consideration 4

Extract:

The Tribunal finds that the reasons given to the complainant for the decision to transfer him are confined to very general references to the applicable provisions. Such references are, however, meaningless if they are not accompanied by more precise information enabling the official and, possibly, the judge to comprehend the real grounds underpinning the decision taken, especially in the case of a measure, such as that of transferring an official, which should be hedged with safeguards.

Keywords

transfer; motivation

Consideration 5

Extract:

It follows [...] that the complainant had been given explanations enabling him to comment on his new duties in detail and in full knowledge of the facts before the decision of 11 June 2013. That decision therefore satisfied the requirements of the Tribunal’s case law regarding the need to provide reasons (see Judgments 1817, under 6, 2391, under 7, or 2850, under 8).

Reference(s)

ILOAT Judgment(s): 1817, 2391, 2850

Keywords

transfer; motivation

Consideration 9

Extract:

As the Tribunal has consistently held, every transfer must respect the general principles governing decisions affecting an official’s status. In order to respect the official’s dignity, it is not enough for the person concerned to retain her or his grade and remuneration; care must also be taken to ensure that the new post provides her or him with work of the same level as that which she or he performed in her or his previous post and matching her or his qualifications (see, in particular, Judgment 2856, under 10).

Reference(s)

ILOAT Judgment(s): 2856

Keywords

transfer

Consideration 10

Extract:

As the complainant has suffered no injury, his plea that the rule against retroactivity was breached because the decision of 11 June 2013 took effect on 1 June is of no avail (see, for example, Judgments 1130, under 2, 1979, under 5(h), and 2963, under 9).

Reference(s)

ILOAT Judgment(s): 1130, 1979, 2963

Keywords

non-retroactivity

Consideration 2

Extract:

The complainant first submits that insufficient reasons were given for the transfer decision to which he objects, in that it merely referred to Article 7 of the General Conditions of Employment. He adds that his transfer was decided unilaterally by Eurocontrol in breach of his right to be heard. He contends that the fact that this decision provided no information about the nature of his new job was a breach of the principle of good faith and that it also breached the rule against retroactivity, since he was notified of it on 11 June 2013, whereas it had taken effect on 1 June 2013.

Keywords

motivation



 
Last updated: 02.06.2020 ^ top