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Transfer (255, 256, 257,-666)

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Keywords: Transfer
Total judgments found: 135

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  • Judgment 1437


    79th Session, 1995
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant was transferred against his wishes to another unit. There was nothing improper in the decision to transfer him. "The transfer was in the organization's interests" and took lawfully into account such facts as the reform of his old unit and the need for more staff in his new one.

    Keywords:

    discretion; executive head; judicial review; organisation's interest; reorganisation; transfer;

    Consideration 6

    Extract:

    The complainant was transferred against his wishes to another unit. Thereis no reason to regard his transfer as hidden disciplinary action or to attribute it to his staff union work, it having been taken in the organization's interests.

    Keywords:

    abuse of power; evidence; hidden disciplinary measure; judicial review; misuse of authority; organisation's interest; staff union activity; transfer;



  • Judgment 1407


    78th Session, 1995
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The complainant says that her transfer amounted to a hidden disciplinary measure to get back at her because she asserted her right of appeal. "The Tribunal is satisfied that there was no question of disciplinary action": she herself applied for the transfer and it cost her no loss of pay or grade or responsibility. "Nor does she allege any loss of dignity in the duties she had to perform."

    Keywords:

    amendment to the rules; disciplinary measure; grade; hidden disciplinary measure; moral injury; right of appeal; salary; transfer;



  • Judgment 1390


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "Even supposing that the complainant applied only for transfer, the Tribunal's ruling in Judgment 1359 means - see under 5, 6 and 7 - that if an official applies for a transfer to a post to be filled by some other procedure he still has a legitimate interest, and any breach of that interest is liable to review and sanction."

    Reference(s)

    ILOAT Judgment(s): 1359

    Keywords:

    case law; cause of action; competition cancelled; internal candidate; judicial review; official; transfer;



  • Judgment 1359


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    One consistent requirement the regulations lay down for filling posts "is the appointment of a selection board that may consider all applicants [...] who qualify under one and the same notice of vacancy. As was said in Judgment 1223, that formal requirement affords every applicant a basic safeguard of open and objective decision-making, and it holds good whether the applicant wants promotion, transfer or a change of category."

    Reference(s)

    ILOAT Judgment(s): 1223

    Keywords:

    appointment; candidate; case law; competition; organisation's duties; procedure before the tribunal; promotion; safeguard; selection board; staff regulations and rules; transfer; vacancy notice;



  • Judgment 1358


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The organisation brought in reforms which involved "reassignment of staff together with their posts in the context of a new structure but without the creation of any new posts. The reforms may have altered the position of some in the hierarchy and their duties but, being brought about by transfer of their posts, did not affect their status under the Staff Regulations."

    Keywords:

    amendment to the rules; assignment; lack of injury; organisation's interest; post description; staff regulations and rules; transfer;



  • Judgment 1343


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant was transferred to a new post. He alleges that the transfer was unlawful, his new duties being at a lower level than those he had formally discharged. "Whether the post is 'commensurate' with his former post and grade depends on an objective test, namely the level of his duties. He has failed to satisfy the Tribunal that their level is not in keeping with his grade, which was the same after as before transfer."

    Keywords:

    amendment to the rules; criteria; grade; lack of injury; post; post description; transfer;



  • Judgment 1250


    74th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The complainant was dismissed for misconduct after refusing a transfer outside headquarters. He pleads that the FAO overlooked an essential fact by deciding to transfer him without taking account of his family situation. But he was allowed twelve months "to sort out the matter of his wife's career or obtain a suitable post at headquarters. He argues that he had more than 'ordinary family needs'. But there is nothing out of the ordinary about a situation where spouses each have a job at one and the same duty station, and neither wishes to give it up. [...] Such circumstances do not confer immunity against transfer on an international official. [...] The postponement of transfer by fourteen months is evidence of adequate consideration of his 'family situation and intersts'."

    Keywords:

    decision; disregard of essential fact; duty station; headquarters; judicial review; official; refusal; serious misconduct; staff member's interest; termination of employment; transfer;

    Consideration 20

    Extract:

    The complainant's refusal of assignment to a post outside headquarters "was in breach of his obligation to the organization to comply with a transfer under Regulation 301.012. In view of the responsibilities of the post [to which he was assigned], that refusal impeded the effective operation of the organization [...] and amounted to misconduct."

    Reference(s)

    Organization rules reference: STAFF REGULATION 301.012

    Keywords:

    breach; complainant; definition; duty station; headquarters; organisation's interest; post; post description; refusal; serious misconduct; staff member's duties; staff regulations and rules; transfer;

    Consideration 20

    Extract:

    Had the complainant "made a bona fide challenge to the validity of transfer, that would have been a satisfactory explanation for non-compliance: for a precedent, see Judgment 392 [...], under 6. For family reasons the organization refrained for five months [...] from taking action on the decision to transfer the complainant. Thereafter he did not challenge the transfer but sought to circumvent or delay it by raising a series of questions and by evading a direct response."

    Reference(s)

    ILOAT Judgment(s): 392

    Keywords:

    case law; complainant; decision; flaw; good faith; refusal; staff member's interest; transfer;

    Considerations 22-23

    Extract:

    The complainant was dismissed for misconduct after refusing transfer to a post outside headquarters. He alleges that summary dismissal was at odds with the principle of proportionality. The Tribunal holds that "dismissal was not a sudden decision. Furthermore, even after the proposal for dismissal he was given two opportunities to change his mind. [...] The decision to dismiss was a proper exercise of the discretion of the organization and did not infringe the principle of proportionality."

    Keywords:

    decision; disciplinary measure; discretion; duty station; general principle; headquarters; organisation; proportionality; refusal; serious misconduct; termination of employment; transfer;



  • Judgment 1234


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the moves. His second transfer was to a post at a lower grade, some distance from headquarters and in a field he had never worked in. "Although the Director-General will ordinarily be treated as the best judge of what the organization's interests are and the Tribunal will not ordinarily interfere in his assessment of them, nevertheless it will do so in this case. It is quite inadequate to plead that the decision to transfer the complainant was 'in the interests of the organization'. The basis for reaching that conclusion must be made clear so that the Tribunal may exercise its power of review and determine whether there exists any of the grounds for setting aside a discretionary decision of that kind."

    Keywords:

    discretion; downgrading; duty to substantiate decision; grade; judicial review; limits; organisation's duties; organisation's interest; post; transfer;

    Consideration 19

    Extract:

    The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the transfers. His second move was to a post at a lower grade, at some distance from headquarters and in a field he had never worked in. The organization pleads that his transfer was "in the interests of the organization" and that the burden is on him to show that it was not. "But there it betrays a deeply mistaken view of its duty. Of course its own interests are paramount, but it must still, for the sake of proper management and mutual confidence, treat its staff fairly. If it is transferring a staff member it must let him have a degree of responsibility corresponding to his grade and respect his dignity. It must give him a statement of the reasons for the transfer and the opportunity of responding."

    Keywords:

    burden of proof; downgrading; duty to substantiate decision; grade; organisation's duties; organisation's interest; post; respect for dignity; right to reply; staff member's interest; transfer;

    Considerations 12-13

    Extract:

    The complainant was transferred against his wishes to a post at a lower grade, D.1, but kept grade D.2 on a personal basis. The Tribunal confirms what it said in Judgment 631 about staff Rule 570 on reduction in grade. That provision - which says that reduction in grade may result (1) from the staff member's own request, (2) from unsatisfactory performance or misconduct or (3) as an alternative to termination in a reduction inforce - applies even when the staff member keeps his own grade on a personal basis. "The organization may not require a staff member to move to a post at a lower grade against his wishes, however generous the financial compensation, unless there is compliance with Rule 570."

    Reference(s)

    Organization rules reference: WHO STAFF RULE 570
    ILOAT Judgment(s): 631

    Keywords:

    acceptance; case law; downgrading; grade; post; staff regulations and rules; transfer;



  • Judgment 1162


    72nd Session, 1992
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant wants the Tribunal to order her assignment to a stable post in line with her qualifications. "The Tribunal is satisfied [...] that the organization has made a serious effort to give the complainant a more stable position - indeed it has created the post especially for her - and has taken due account of her qualifications, experience and grade. Since she has therefore obtained satisfaction, she shows no cause of action".

    Keywords:

    assignment; organisation's duties; post; qualifications; request for transfer; transfer;



  • Judgment 1161


    72nd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Organisation tried to find him a suitable post in another department. That it failed to do so is immaterial, however, since he had no right whatever to transfer under the Service Regulations."

    Keywords:

    organisation's duties; post; request for transfer; right; staff regulations and rules; transfer;



  • Judgment 1146


    72nd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant believes that transfer of her de facto duties as head of the French Section to another reviser through rotation amounted to a disguised transfer. The Tribunal's answer is that "there was no transfer because there is no post as Head of Section as such. There was merely redivision of duties between the revisers".

    Keywords:

    post description; title of post; transfer;



  • Judgment 1107


    71st Session, 1991
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant, who joined CERN as a fireman, was transferred from a night-shift post to one confined to day work. The offer of the new post said that staff who gave up shift work could be compensated for loss of the shift allowance at digressive rates over three years. The Director- General decided to grant him compensation over a period of only one year. The Tribunal sets the decision aside on the grounds that "an offer of appointment holds good until it is withdrawn or accepted in good faith and without qualification, when it amounts to a contract."

    Keywords:

    acceptance; appointment; binding character; compensatory allowance; compensatory measure; contract; elements; good faith; offer; reduction of salary; salary; transfer;



  • Judgment 1090


    70th Session, 1991
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant says that the Executive Director of the World Food Programme assured him in an interview that he could be sent to Tunisia for one term. The evidence shows that the organization took ten months before making its position clear without however denying outright that the Executive Director had made such a promise. The complainant therefore had good reason to expect up to then that he would get what he wanted. The FAO's behaviour could but cause the complainant at least moral injury for which he is entitled to redress.

    Keywords:

    injury; legitimate expectation; moral injury; promise; transfer;



  • Judgment 1079


    70th Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Interpol's Staff Regulations and Staff Rules provide staff members guarantees against the loss of grade or changes to their conditions of service in connection with the headquarters move. The organization having failed to comply in full with those obligations, as a result of which the complainant turned down the offer of transfer, the Tribunal refers the complainant to Interpol to determine the compensation to which he is entitled.

    Keywords:

    downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;



  • Judgment 1078


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was transferred on account of his poor relations with other staff members. "The Tribunal is satisfied on the evidence before it that [the organisation] did not go beyond the bounds of the discretion it must be allowed in matters of internal administration and management."

    Keywords:

    discretion; judicial review; transfer; working relations;



  • Judgment 1055


    70th Session, 1991
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    WHO Staff Rule 565.2 reads: "A staff member may be reassigned whenever it is in the interest of the organization to do so". The Rule reflects a general principle stated in Judgment 810. Yet the Director-General's authority in the matter is not absolute. The Tribunal will determine whether there is a formal or procedural flaw, etc. It will also consider whether there has been breach of good faith.

    Reference(s)

    Organization rules reference: WHO STAFF RULE 565.2
    ILOAT Judgment(s): 810

    Keywords:

    discretion; good faith; judicial review; organisation's interest; transfer;

    Summary

    Extract:

    WHO Staff Rule 510.1 requires that "in determining the initial and any subsequent assignment, consideration shall be given, to the extent possible, to the staff member's particular abilities and interests". The complainant was transferred in accordance with a policy for rotating staff in the general service category which has the effect of upgrading their skills. The Tribunal is satisfied that the transfer was not contrary to his own interests.

    Reference(s)

    Organization rules reference: WHO STAFF RULE 510.1

    Keywords:

    judicial review; staff member's interest; transfer;



  • Judgment 1050


    69th Session, 1990
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, Summary

    Extract:

    The complainant objects to the decision to transfer him. He takes the organization to task for failing to provide him with a description of his new post. As his new duties were similar to ones he held earlier, he must already have known what they were in the main.

    Keywords:

    organisation's duties; post description; transfer;

    Consideration 4

    Extract:

    "The greater caution must be shown in interfering with a [transfer] decision which is founded solely on the organization's interests because the Director-General must ordinarily be deemed to be the best judge of what they are."

    Keywords:

    discretion; judicial review; organisation's interest; transfer;

    Consideration 5

    Extract:

    "But Regulation 4.2 provides that the purpose of transfer is to secure 'the highest standards of efficiency, competence and integrity'. In acting in pursuance of that purpose the Director-General is not precluded from transferring a staff member provided that his intention is, as Regulation 1.1 requires, to serve the organization's interests and that the staff member's own abilities and interests are not overlooked. Where the Director-General believes that the organization's interests must prevail he will act accordingly and the staff member will ordinarily have to fall in line unless he prefers resignation."

    Reference(s)

    Organization rules reference: UNESCO STAFF REGULATIONS 1.1 AND 4.2

    Keywords:

    discretion; organisation's duties; organisation's interest; purpose; staff member's duties; staff member's interest; transfer;



  • Judgment 1035


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's permanent post was abolished and he was appointed to a temporary one for a period of two years. Any post, whatever its duration or source of funding, may be abolished because of a change of programme. Besides, the organisation had assured him that his post description, status and conditions of service would be the same as before. Under the circumstances the Tribunal finds that the decision has neither infringed his contractual rights nor otherwise affected him adversely.

    Keywords:

    abolition of post; budgetary reasons; contract; fixed-term; lack of injury; permanent appointment; post; terms of appointment; transfer;



  • Judgment 1024


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Interpol's Staff Regulations and Staff Rules provide staff members guarantees against the loss of grade or changes to their conditions of service in connection with the headquarters move. The organization having failed to comply in full with those obligations, as a result of which the complainants turned down the offer of transfer, the Tribunal refers the complainants to interpol to determine the compensation to which they are entitled.

    Keywords:

    downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;



  • Judgment 1023


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    See Judgment 1024.

    Keywords:

    downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;

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Last updated: 23.01.2023 ^ top