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Judgment No. 450

Decision

THE COMPLAINT IS DISMISSED.

Summary

Extract:

The decision to transfer the complainant falls within the scope of the Director's discretionary authority and, in view of her shortcomings and strained relations with her supervisors, that decision does not appear to be flawed. Nor has any causal link been established between her trade union activities and the decision to transfer her. The circumstances which gave rise to the moral injury for which she claims compensation were ones that the complainant was at least in part responsible for. The organization may not therefore be held liable. The complaint is dismissed.

Keywords

moral injury; complainant; transfer; staff union activity; cause

Consideration 13

Extract:

"Even if the challenged decision suffers from no flaw which warrants quashing it, a staff member will be awarded compensation for any especially grave moral prejudice caused by the organisation's action".

Keywords

moral injury; condition

Consideration 5

Extract:

The complainant's "pleas in support of her contention [that the organization manifested prejudice against her] therefore do not appear to carry any greater weight than those put forward against it. Accordingly, in implying that her performance and her relations with her supervisors were unsatisfactory the [decision to transfer her] is not tainted with any error of fact and did not leave essential facts out of account. Indeed it came within the scope of the Director's discretion."

Keywords

transfer; work appraisal; unsatisfactory service; working relations; judicial review

Consideration 9

Extract:

Even if there were a breach of the Staff Rules the [transfer decision the complainant impugns] would be set aside only if the breach was such as to cause the complainant prejudice, for example by preventing the regular appraisal of her performance.

Keywords

lack of injury; organisation's duties; transfer; post description



 
Dernière mise à jour: 25.06.2020 ^ haut