Judgment No. 476
Decision
THE COMPLAINT IS DISMISSED.
Consideration 1
Extract:
"Even where it has no reason to set a decision aside, the Tribunal may award moral damages to a complainant who, on account of injury to his dignity and reputation, has suffered serious prejudice such as to hamper his career."
Keywords
moral injury; professional injury; respect for dignity; condition
Consideration 10
Extract:
"In view of [the complainant's] supervisors' categorical and unanimous opinion [...] the Director-General did not exceed the limits of his discretion in concluding that the transfer was in the [organisation's] interests and therefore in accordance with [the applicable] provision. [...] The conclusions he drew from the evidence may have been arguable, but they were not clearly mistaken".
Keywords
transfer; supervisor; discretion; organisation's interest; advisory opinion
Consideration 6
Extract:
The right to a hearing includes the opportunity to take part in the deposition of evidence. "The Appeals Committee ought to have summoned the complainant and a representative of the organization to attend when the expert witness gave evidence. [...] This flaw in the internal appeal proceeding had no effect, however." The expert witness expressed views solely on the nature of the complainant's former and new posts. This is a point which has been fully elucidated in the proceedings before the Tribunal. Neither the statements of the expert witness nor the conclusions of the Committee can therefore have any effect on the Tribunal's decision.
Keywords
lack of injury; internal appeals body; internal appeal; tribunal; disclosure of evidence; adversarial proceedings; right to reply; flaw; procedural flaw
Consideration 12
Extract:
"It is true that the transfer must have aroused doubts about [the complainant's] abilities in the minds of those who had dealings with him. But that was because of the nature of the decision, not because of the behaviour of [the organization's] officials. His supervisors could not have avoided making his transfer public. But the words they used do not seem to be open to serious criticism. In particular one official, while expressing the hope that the change would serve the [organization's] interests, described the work done by the complainant as excellent." No compensation.
Keywords
lack of injury; professional injury; transfer
Consideration 4
Extract:
The right to a hearing means that "any official in dispute with the organization should [...] be allowed access to evidence which may serve in defending their interests and are not confidential." In this case "the complainant has not established or even suggested it likely that the files he wished to have disclosed would have supported his claims."
Keywords
complainant; confidential evidence; disclosure of evidence; right to reply; request by a party
Consideration 3
Extract:
The complainant's "grievance, though justified, is without effect. The Tribunal cannot but deplore any undue protraction of the appeal proceedings, which is to the prejudice of the organization as well as of the complainant. But it cannot criticise the actual transfer without due regard to the lawfulness of the decision. Besides, the complainant's plea carries the less weight in that he himself was partly to blame for the delay."
Keywords
complainant; administrative delay; delay; transfer; cause
Consideration 11
Extract:
"It is not established that the complainant's supervisors [in deciding in favour of the transfer] committed any abuse of authority, i.e. that they acted on considerations extraneous to the organization's interests."
Keywords
lack of evidence; transfer; misuse of authority; abuse of power
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