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Transfer (255, 256, 257,-666)

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Keywords: Transfer
Total judgments found: 137

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  • Judgment 2471


    99th Session, 2005
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Following a reorganisation the post the complainant held in the Department of General Services (AGS) was transferred to another department. In December 2002 she was reassigned to AGS, though in a different position. She asks to be given back the duties and responsibilites she had in AGS prior to the reorganisation. "The Tribunal considers that this request cannot be granted, for it would imply undoing the reorganisation and reversing the technological changes that have been made, which, as the complainant herself acknowledges in her submissions, were both necessary and predictable. Her position is thus untenable."

    Keywords:

    claim; difference; liability; post; post held by the complainant; reassignment; refusal; reorganisation; transfer;



  • Judgment 2346


    97th Session, 2004
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    Transfer decisions may be non disciplinary, disciplinary, or mixed in nature. But whether or not the transfer arises from disciplinary proceedings, the right of the staff member to be heard must be guaranteed. It matters little in this respect whether or not transfer is envisaged amongst the applicable disciplinary sanctions; what is decisive is “whether the transfer appears to be the consequence of alleged professional shortcomings of the staff member which may, by their nature, give rise to disciplinary sanctions” (see Judgments 2229, under 3, and 2285, as well as the case law referred to). The protection of the staff member’s dignity is at stake.

    Reference(s)

    ILOAT Judgment(s): 2229, 2285

    Keywords:

    transfer; working conditions;



  • Judgment 2314


    96th Session, 2004
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    The post in respect of which the complainant was receiving a special post allowance was transferred but he has continued to perform the duties of the post. The Director-General has taken the view that transfer was equivalent to the abolition of the post and the allowance was terminated. "The principle of equal pay for work of equal value requires that, until a proper evaluation of the work performed by the complainant is carried out, he should be remunerated at a rate equivalent to that which he would have received by way of special post allowance for so long as he continues to perform all of the duties and responsibilities of the abolished post."

    Keywords:

    abolition of post; equal treatment; executive head; general principle; organisation's duties; payment; post; refusal; salary; special post allowance; transfer; work appraisal;

    Consideration 21

    Extract:

    The post in respect of which the complainant was receiving a special post allowance was transferred but he has continued to perform the duties of the post. The Director-General has taken the view that transfer was equivalent to the abolition of the post and the allowance was terminated. The relevant Manual provision "does prohibit payment of a special post allowance when a post has been abolished. However, it does not and cannot relieve an employer of its duty to ensure proper remuneration for extra duties and responsibilities discharged by an employee over and above those of the substantive post which he or she holds."

    Keywords:

    abolition of post; executive head; official; organisation; organisation's duties; payment; post held by the complainant; provision; refusal; salary; special post allowance; staff regulations and rules; transfer;



  • Judgment 2285


    96th Session, 2004
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[T]he Tribunal considers that it need not ascertain whether procedural irregularities were committed by the Ombudsperson, since the latter merely put forward a proposal which did not constitute a decision and which was addressed exclusively to the complainant, inviting her to relinquish her management responsibilities, that is, to resign. The only decision the complainant can challenge is precisely that which she alleges was unlawful, namely the decision [taken on behalf of the Director-General to release her from her position], which was independent of the Ombudsperson's proposal. Even though there is no doubt that it was the outcome of the Ombudsperson's investigations which led the [...] authorities to take the challenged decision, the lawfulness of that decision must be assessed independently of the Ombudsperson's proposal."

    Keywords:

    advisory body; decision; procedural flaw; procedure before the tribunal; recommendation; resignation; submissions; transfer;



  • Judgment 2229


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3(a)

    Extract:

    "A transfer of a non-disciplinary nature is subject to the general principles governing all decisions affecting an official's status. It must show due regard, in both form and substance, for the dignity of the official concerned, particularly by providing him with work of the same level as that which he performed in his previous post and matching his qualifications (see, for example, Judgments 1496, 1556, 1972 [...]). The transfer may be motivated by the need to eliminate tensions compromising the functioning of a department (see, for example, Judgments 132, 1018 and 1972)."

    Reference(s)

    ILOAT Judgment(s): 132, 1018, 1496, 1556, 1972

    Keywords:

    assignment; case law; decision; discontinuance; effect; formal requirements; general principle; grade; grounds; official; organisation's duties; organisation's interest; post; post held by the complainant; respect for dignity; status of complainant; transfer; working relations;

    Consideration 3(a)

    Extract:

    "According to the Tribunal's case law, transfer decisions, which have been initiated by the administration and not at the staff member's request, may be disciplinary, non-disciplinary (in the interests of the organisation, independently of any fault) or even mixed in nature. [...] A transfer dictated by the interests of the organisation but which is also disciplinary in nature must clearly also comply with the specific rules protecting staff members in the case of disciplinary decisions (see Judgment 1929 [...])."

    Reference(s)

    ILOAT Judgment(s): 1929

    Keywords:

    case law; decision; disciplinary measure; formal requirements; official; organisation's duties; organisation's interest; safeguard; transfer;

    Consideration 3(a)

    Extract:

    "A transfer of a disciplinary nature must afford the staff member the safeguards available in the case of disciplinary sanctions, that is the right to be heard before the sanction is ordered, with the opportunity for the staff member concerned to participate in the full processing of the evidence and to make all his pleas. It matters little in this respect whether or not transfer is envisaged amongst the disciplinary sanctions set out in the staff regulations. What is decisive is whether the transfer appears to be the consequence of alleged professional shortcomings [...] which may [...] give rise to disciplinary sanctions (see Judgments 1796, 1929 under 7, 1972 under 3 and 4, and the cases cited therein)."

    Reference(s)

    ILOAT Judgment(s): 1796, 1929, 1972

    Keywords:

    case law; consequence; disciplinary measure; disclosure of evidence; evidence; formal requirements; misconduct; official; organisation's duties; participation; right to reply; safeguard; staff regulations and rules; transfer;



  • Judgment 2226


    95th Session, 2003
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    In one case, the Tribunal conceded that the Organization's own interests are paramount, "but it must still, for the sake of proper management and mutual confidence, treat its staff fairly […]. It must give him a statement of the reasons for the transfer and the opportunity of responding" (see Judgment 1234, under 19).

    Reference(s)

    ILOAT Judgment(s): 1234

    Keywords:

    motivation; transfer;



  • Judgment 2207


    94th Session, 2003
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The affair the complainant had with a national of the country of the duty station led to a series of incidents. "In view of the particular circumstances of the case, it is perfectly legitimate to conclude that it was in the organization's interest to terminate the complainant's assignment in Nairobi in order to maintain an untroubled working atmosphere in the service and to preserve its good relations with the host country. However, in accordance with the Tribunal's case law (see, in particular, Judgments 269 and 1231), the defendant could not terminate the complainant's appointment solely on that basis, without having taken appropriate steps to find him a new assignment."

    Reference(s)

    ILOAT Judgment(s): 269, 1231

    Keywords:

    case law; conduct; duty station; member state; organisation's duties; organisation's interest; organisation's reputation; reassignment; termination of employment; transfer; working relations;



  • Judgment 2191


    94th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Organisations must carefully take into account the interests and dignity of staff members when effecting" a transfer to which the staff member concerned is opposed.

    Keywords:

    discretion; organisation's duties; respect for dignity; staff member's interest; transfer;



  • Judgment 2172


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 20-21

    Extract:

    The organisation extended the complainant's probationary period and transferred her following an unfavourable performance appraisal report. She submits that her supervisors failed to observe the procedure for the completion of performance appraisal reports. The Tribunal considers that "even if her supervisor appeared to follow the proper procedure by sending her the appraisal report [...] before the second-level supervisor had signed it, in order for the procedure to be meaningful, the second-level supervisor should not have written her comments until the complainant's supervisor had answered the memorandum [in which the complainant contested her appraisal]. The process is not a dialogue if one party does not listen to another. in this case, the complainant's supervisor did not consider the complainant's comments when preparing the evaluation. The evidence thus supports the complainant's allegation that the proper procedure was not followed [...] the decision to extend the probationary period was based on a flawed appraisal and the complainant should have been confirmed in her post."

    Keywords:

    breach; consequence; decision; different appraisals; extension of contract; mistake of fact; performance report; period; post; probationary period; procedural flaw; procedure before the tribunal; reply; supervisor; transfer; unsatisfactory service; work appraisal;



  • Judgment 2129


    93rd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The Organization's Regional Office was transferred from Brazzaville (Congo) to Harare (Zimbabwe). The amount of the per diem the complainants were paid was progressively reduced. "Since the travel per diem is merely intended to cover the essential expenses of a staff member on duty travel, including lodging and food, a high rate of travel per diem cannot be justified where duty travel, which by nature implies that the staff member will continue to work primarily at his or her original duty station, lasts for two years or more."

    Keywords:

    allowance; amount; assignment; compensatory allowance; compensatory measure; extension of contract; official; payment; period; place of origin; purpose; rate; reduction of salary; transfer; travel expenses;



  • Judgment 2027


    90th Session, 2001
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Eurocontrol contends that the complaint is irreceivable because the "decision" to transfer him was not a real decision coming from an appointing authority, thus, he fails to show injury and has no cause of action. The objections to receivability fail. Even a simple measure on a matter of internal reorganisation such as transfer may sometimes impair the staff member's rights and legitimate interests (see Judgment 1078 [...] among others)."

    Reference(s)

    ILOAT Judgment(s): 1078

    Keywords:

    burden of proof; cause of action; decision; executive head; grounds; injury; lack of injury; reassignment; receivability of the complaint; reorganisation; right; staff member's interest; transfer;



  • Judgment 2025


    90th Session, 2001
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complaint was transferred to the field against his liking. At the end of the internal procedure, the organisation decided to reassign him to Headquarters. "It thereby admitted [...] that it had failed to assess the complainant's circumstances with the care required by administrative decisions that affect its staff. That in itself warrants the conclusion that, even though his assignment [to Headquarters] met the complainant's wishes in part, it did not fully make up for the injury caused by his transfer [to the field]. Consequently [...] the Director-General was wrong not to award him the compensation he had claimed."

    Keywords:

    compensation; executive head; field; headquarters; injury; internal appeal; organisation's duties; reassignment; refusal; request by a party; transfer;



  • Judgment 1972


    89th Session, 2000
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    The complainant, a director of a department, was made aware of two e-mails which were written in highly indecorous terms and, although private, commented on the running of the department. The Staff Union Committee protested against what it considered to be an invasion of privacy. The complainant did not respect the order to use discretion issued by the Director of Personnel. The Director-General, considering the complainant incapable in his function as Director of a department to maintain a stable and productive working environment, transferred him to a post of special advisor. "As the Tribunal held in Judgment 1018 [...], it is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, and a transfer in the interests of the service may be an appropriate way of settling a conflictual situation. [...] However, since it cannot be regarded as disciplinary, the measure must, as the case law prescribes, heed the staff member's dignity and good name and not cause him undue suffering. Clearly, in this case the complainant was bound to view the measure as downgrading him. However, the fact that the organization was at pains to find him an assignment in keeping with his competence if not his wishes, to maintain his grade and to exercise the utmost discretion in dealing with the matter, shows that everything was done to protect his dignity as a senior official."

    Reference(s)

    ILOAT Judgment(s): 1018

    Keywords:

    conduct; discretion; downgrading; executive head; hidden disciplinary measure; organisation's interest; respect for dignity; transfer; working relations;



  • Judgment 1929


    88th Session, 2000
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Compulsory transfer of a disciplinary nature must afford the staff member the safeguards available in the case of disciplinary sanctions, that is the right of the staff member to be heard before the sanction is ordered, with the option for him to participate in the full processing of the evidence and to make all his pleas. [...] It matters little in this respect whether or not transfer is envisaged among the disciplinary sanctions set out in the Staff Regulations. What is decisive is whether the transfer appears to be the consequence of the alleged professional shortcomings of the staff member which may, by their nature, give rise to disciplinary sanctions."

    Keywords:

    disciplinary measure; hidden disciplinary measure; organisation's duties; right to reply; safeguard; staff member's interest; staff regulations and rules; transfer;

    Consideration 9

    Extract:

    The complainant was transferred without prior notice and without an opportunity to be heard. "Taken together, the material circumstances give grounds for considering that the impugned transfer partly constituted a hidden disciplinary sanction. [...] The impugned decision must, therefore, be set aside and the procedure resumed from the point at which it was flawed [...]."

    Reference(s)

    Organization rules reference: ARTICLE 10 OF THE UPU STAFF REGULATIONS

    Keywords:

    disciplinary measure; hidden disciplinary measure; organisation's duties; remand; right to reply; staff member's interest; staff regulations and rules; transfer;



  • Judgment 1796


    86th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The complainant was reassigned because of his alleged poor attendance and time-keeping. "The [Organization's] treatment of him looks like punishment for conduct it disapproved of and for low output. So there should first have been due disciplinary process affording him full safeguards."

    Keywords:

    conduct; disciplinary measure; disciplinary procedure; due process; misconduct; official; organisation's duties; output; punctuality; right to reply; safeguard; transfer; unsatisfactory service;



  • Judgment 1757


    85th Session, 1998
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    In processing, ordering and notifying transfer an organisation must heed the staff member's dignity and good name and not cause undue injury. And the decision must follow proper inquiry: see Judgment 1496 [...] under 7 and 8.

    Reference(s)

    ILOAT Judgment(s): 1496

    Keywords:

    decision; moral injury; organisation's duties; respect for dignity; transfer;

    Consideration 5

    Extract:

    "Transfer is such an important decision that it must be properly accounted for. For one thing, that helps the staff member to make up his mind about what to do, for example lodge an appeal; for another, it allows review of the lawfulness of the decision. Yet the reasons need not be stated in the actual text notifying transfer: they may have been conveyed beforehand or later, even in the course of internal appeal proceedings."

    Keywords:

    date; decision; duty to substantiate decision; grounds; organisation's duties; right of appeal; transfer;



  • Judgment 1726


    84th Session, 1998
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 26

    Extract:

    The complainant submits that his transfer was unlawful. He criticizes the administration, notably, for not consulting him. "The complainant's seniority, length of service (virtually all of it on difficult posts in developing countries), the fact that he had only recently been moved [...] and the wholly unnecessary and unjustifiable failure to consult him constitute in the Tribunal's view a serious affront to his dignity and a breach of the Organization's obligation of respect towards him as a member of its staff."

    Keywords:

    consultation; decision; injury; organisation's duties; respect for dignity; transfer;

    Consideration 28

    Extract:

    Although the Organisation's policy gave the complainant sound reasons to expect that he would be transferred to its Headquarters, "he did not have a legal right to demand such transfer and cannot recover any compensation for the failure to transfer him."

    Keywords:

    compensation; headquarters; practice; refusal; request by a party; transfer;



  • Judgment 1685


    84th Session, 1998
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant "must have known that a career in the international civil service might require him to change duty stations at any time."

    Keywords:

    duty station; official; organisation's interest; staff member's duties; transfer;



  • Judgment 1590


    82nd Session, 1997
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal will be especially cautious "where the issue is not transfer but the determination or alteration of the duties to be performed on a given post. Here the duties required of the complainant are not different from those provided for at the date of recruitment, the organisation enjoying the widest discretion in matching duties to needs."

    Keywords:

    amendment to the rules; assignment; discretion; judicial review; organisation's interest; post; post description; transfer;

    Consideration 5

    Extract:

    "The complainant contends that what the impugned decision entailed was really transfer and a change of post. He is mistaken. The duties of a post are determined by the description of it in the letter of appointment and by any later changes: see Judgments 1103, under 3 and 4, and 1146, under 4 and 7."

    Reference(s)

    ILOAT Judgment(s): 1103, 1146

    Keywords:

    amendment to the rules; appointment; case law; decision; post; post description; transfer;



  • Judgment 1556


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Like appointment and promotion, transfer is at the discretion of the executive head of the international organisation and subject to only limited review. The Tribunal may interfere only if the decision was taken ultra vires or shows formal or procedural flaw or mistake of fact or law, or if some material fact was overlooked, or if there was misuse of authority or an obviously wrong inference from the evidence. And the Tribunal will be especially wary in reviewing a transfer since it may not replace the employer's rating of the official with its own."

    Keywords:

    appointment; decision; discretion; executive head; judicial review; limits; promotion; transfer;

    Consideration 12

    Extract:

    "In any event [the complainant] may not plead want of due notice [...]. Having been well aware as early as [53 days before] of the sort of post she was to get and of her duty station, she may not properly plead bad faith."

    Keywords:

    assignment; complainant; duty station; duty to inform; good faith; organisation's duties; post; post description; transfer;

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