Judgment No. 824
THE COMPLAINT IS DISMISSED.
"The Tribunal may not replace with its own the Director-General's assessment of a staff member's conduct, work and qualifications. All it may do in the matter of an appointment, promotion or transfer is review the decision to see whether it was taken without authority, or whether there was a procedural or formal flaw, or a mistake of law or of fact, or abuse of authority, or a mistaken conclusion from the evidence, or whether some essential fact was overlooked."
transfer; promotion; work appraisal; appointment; qualifications; conduct; judicial review; discretion
"The quashing of the transfer was a new claim and [the complainant's] appeal was about quite other matters. On these grounds alone his challenge to the transfer is irreceivable".
new claim; receivability of the complaint