Judgment No. 939
1. THE ORGANISATION SHALL PAY THE COMPLAINANT DAMAGES IN THE SUM OF 4,000 SWISS FRANCS.
2. THE ORGANISATION SHALL PAY HIM 2,000 SWISS FRANCS TOWARDS COSTS.
3. HIS OTHER CLAIMS ARE DISMISSED.
The complainant was transferred without prior consultation of the Selection Board as required under Article 4.2(f) of the Staff Regulations. The Tribunal holds that the breach of procedure was minor, though it did cause the complainant injury. The Tribunal will therefore refrain from quashing the impugned decision and will order the organisation to pay the complainant damages and a further sum towards costs.
Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS
injury; costs; organisation's duties; transfer; selection board; consultation; flaw; procedural flaw; material damages
The complainant "is free to submit to [the Tribunal] a new plea in support of [claims which remain constant]. What he may not do is address to the Tribunal claims he has not already put to the ILO."
complaint; receivability of the complaint; internal appeal; new plea; condition
"If the organisation's best interests so require, if the post suits the appointee's qualifications and if his contract so permits, the assignment may be ordered even against his wishes."
transfer; staff member's duties; discretion; organisation's interest
The complainant, who has not held a headquarters post for the past thirteen years, alleges breach of Circular 180. The Tribunal holds that "the Circular does not [...] make an unqualified promise to bring back to Headquarters an official who has spent a substantial period in the field: all it promises is intensive effort to do so".
Organization rules reference: CIRCULAR 180 (SERIES 6) OF 22 MAY 1980
field; headquarters; administrative instruction; interpretation; assignment; transfer; request for transfer; right