Judgment No. 325
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
The complainant refused two posts successively. The evidence shows that "he was consulted before any decision was taken. Such consultation was an essential formality, but in this case adequate. In particular, as appears from the [applicable] texts, the complainant did not have to give his prior consent."
Keywords
complainant; organisation's duties; transfer; consultation; refusal
Considerations
Extract:
"The complainant was [...] bound to take up the new assignments, save in exceptional circumstances such as did not exist in this case. He was aware of the conditions of international service and particularly of service with [the organization] when he accepted appointment, and all the more so [...] when he accepted a career service appointment [...]."
Keywords
transfer; staff member's duties
Considerations
Extract:
The complainant refused two successive appointments. His appointment under a contract of indeterminate duration was terminated; "it appears from the documents in the dossier that the Director-General ordered the transfers in the interests of the organization and that the allegation of abuse of authority is not proved."
Keywords
complainant; transfer; contract; permanent appointment; termination of employment; organisation's interest; refusal
Considerations
Extract:
The provisions cited "are in keeping with the general principles of international public service, which affirm the priority of the general interest, represented in each organisation by the Director-General, over individual interests."
Keywords
international civil service principles; staff member's interest; organisation's interest
Considerations
Extract:
"[T]he Director-General was entitled, by virtue of the texts [...] to terminate the appointment of the complainant, whose refusal on strictly personal grounds to take up posts to which he was assigned by the competent authority constituted a grave breach of duty."
Keywords
transfer; termination of employment; serious misconduct; staff member's duties; refusal
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