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Transfer (255, 256, 257,-666)

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Keywords: Transfer
Total judgments found: 137

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  • 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;



  • Judgment 1022


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

    Considerations 9-10, Summary

    Extract:

    The Staff Rules provide for a two-month period of consideration to allow the official to decide whether or not to accept the transfer offer. But the decision notified to the complainant failed to allow the two-month limit and was therefore tainted by a formal flaw. As the flaw does not go to the essence of the decision, the Tribunal held that the organization was liable on technical grounds.

    Keywords:

    flaw; formal flaw; time limit; transfer;



  • Judgment 1020


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

    Consideration 13

    Extract:

    "Interpol would have acted in breach of an official's acquired rights had it required him to choose between compulsory transfer and straightforward resignation, together with the consequences of resignation."

    Keywords:

    acquired right; resignation; transfer; transfer of headquarters;

    Summary

    Extract:

    After initially accepting the organization's offer of transfer made in connection with its headquarters move, the complainants changed their minds. Their appointments were then terminated. The organization calculated the period of notice as if they had turned the transfer offers down from the start. The complainants argue that the period of notice must run from the day they made their position known and that they are therefore entitled to compensation. The Tribunal holds that such an interpretation runs counter to the applicable provisions since the organization's intention was to treat all staff members who refused the offer of transfer in the same way, whatever the date of their refusal.

    Keywords:

    compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination of employment; time limit; transfer; transfer of headquarters;

    Consideration 12

    Extract:

    The complainant initially accepted the transfer but later changed his mind. He must be deemed never to have consented to leaving his posts. "If there was anything retroactive about the period of notice, that was attributable, not to any decision of Interpol's, but to his own shift of position."

    Keywords:

    acceptance; complainant; non-retroactivity; refusal; transfer;



  • Judgment 1019


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

    Consideration 11

    Extract:

    Vide Judgment 1020, consideration 13.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    acquired right; resignation; transfer; transfer of headquarters;

    Summary

    Extract:

    Vide Judgment 1020.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination of employment; time limit; transfer; transfer of headquarters;

    Consideration 10

    Extract:

    The complainants initially accepted the transfer but later changed their minds. They must be deemed never to have consented to leaving their posts. "If there was anything retroactive about the period of notice, that was attributable, not to any decision of Interpol's, but to their own shift of position."

    Keywords:

    acceptance; complainant; non-retroactivity; refusal; transfer;



  • Judgment 1018


    69th Session, 1990
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "It is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, bring about good working relations and improve efficiency. that is one of the factors he may take into account when considering transfers, and the Tribunal will be slow to interfere with such exercise of his discretion especially if, as is the case here, the transfer causes no injury to the employee transferred."

    Keywords:

    discretion; judicial review; lack of injury; organisation's interest; transfer; working relations;

    Consideration 5

    Extract:

    The complainant is challenging a decision to transfer him. "The Tribunal is [...] satisfied on the evidence that there was no abuse of the Secretary-General's authority. So far from being arbitrary the transfer was ordered on objective grounds and in the interests of more efficient management".

    Keywords:

    grounds; judicial review; reorganisation; transfer;

    Consideration 6

    Extract:

    The complainant objects to being transferred and argues that his new work is only temporary and that his position is precarious. "The argument is unfounded. The complainant's transfer did not reduce his salary or change the nature of his employment. His new duties were classified at P.2. He was transferred not to a temporary post but with his own permanent post. When his new duties have been fully accomplished, he will still retain his permanent appointment and all the rights that go with it."

    Keywords:

    assignment; permanent appointment; post; short-term; transfer;



  • Judgment 996


    68th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The requirement in [Article R II 1.24 of] the [ESO] Staff Regulations that the staff member consent to transfer is in marked contrast to other international organisations, in which transfer is common and the executive head has discretion to transfer staff from one duty station to another whether they consent or not. The complainant is correct in his submission that there is no provision in the ESO's rules for dismissal on the grounds of refusal of transfer."

    Reference(s)

    Organization rules reference: ARTICLE R II 1.24 OF THE ESO STAFF REGULATIONS

    Keywords:

    duty station; enforcement; organisation's duties; refusal; reinstatement; staff regulations and rules; termination of employment; transfer;



  • Judgment 942


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is plain from the evidence now before the Tribunal that the transfer was flawed: first, no objective and impartial inquiry, such as the complainant had been asking for all along, had been carried out beforehand; and, secondly, there was breach of the duty any international organisation owes its staff to treat them with respect for their dignity and good name. The impugned decision must therefore be set aside."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    flaw; inquiry; investigation; moral injury; organisation's duties; professional injury; respect for dignity; transfer; working relations;



  • Judgment 939


    65th Session, 1988
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    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.

    Reference(s)

    Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS

    Keywords:

    consultation; costs; flaw; injury; material damages; organisation's duties; procedural flaw; selection board; transfer;

    Consideration 30

    Extract:

    "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."

    Keywords:

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

    Consideration 25

    Extract:

    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".

    Reference(s)

    Organization rules reference: CIRCULAR 180 (SERIES 6) OF 22 MAY 1980

    Keywords:

    administrative instruction; assignment; field; headquarters; interpretation; request for transfer; right; transfer;



  • Judgment 883


    64th Session, 1988
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Provided the correct procedure is followed, the Director has wide discretion in determining transfers of professional category staff."

    Keywords:

    discretion; transfer;

    Consideration 3

    Extract:

    The Director of an organisation has wide discretion in determining transfers. His discretionary powers are not however unlimited. He must take account of both the organisation's interests and the staff member's particular abilities and interests. But in cases where these differ, the organisation's interests shall carry greater weight.

    Keywords:

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



  • Judgment 876


    63rd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    "A ruling on the lawfulness of the impugned decision requires disclosure of the papers the complainant cites and indeed the organization is not against disclosing them. The Tribunal orders further submissions as follows: [...]."

    Keywords:

    further submissions; inquiry; interlocutory order; investigation; transfer; working relations;



  • Judgment 843


    63rd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal holds that the transfer, later reversed, to a post three grades lower was unlawful. Although the complainant's attitude may not have been beyond reproach, he suffered moral injury and loss of reputation. Under the circumstances, the amount of compensation provided by the impugned decision is too small and the Tribunal increases it from the equivalent of two to six months' take-home salary.

    Keywords:

    conduct; downgrading; material damages; moral injury; professional injury; transfer;



  • Judgment 824


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "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."

    Keywords:

    appointment; conduct; discretion; judicial review; promotion; qualifications; transfer; work appraisal;



  • Judgment 810


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "What good faith requires is that when someone is transferred he should be given proper notice, and not just of a vague intention, but of the nature of the post he is to get and of the duty station." The complainant did not accept the transfer and was dismissed. The decision is quashed and the Tribunal orders the restoration of the complainant's status as an official.

    Keywords:

    duty station; duty to inform; good faith; notice; organisation's duties; post description; reconstruction of career; refusal; termination of employment; transfer;

    Consideration 7

    Extract:

    "A transfer decision that is made known five days before it comes into effect leaves the official no time in which to act or even to think".

    Keywords:

    notice; time limit; transfer;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "[The] posts and the grade they carried were such that the decision was tantamount to a sanction. An organisation is bound to show due regard to the dignity and good name of its staff".

    Keywords:

    assignment; downgrading; grade; hidden disciplinary measure; moral injury; organisation's duties; post; professional injury; respect for dignity; transfer;

    Consideration 5

    Extract:

    The letter goes on to speak of a "decision" to have the complainant perform other duties. The word "decision" denotes not mere intent but a positive act which was of legal effect. Though the decision was incomplete because the nature of the new post - an essential element - was not stated, the letter made it known to the complainant that there was no question of keeping him on in the post he then held.

    Keywords:

    decision; transfer;



  • Judgment 808


    61st Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "The Director-General may assign the staff as the organisation's interests require provided he respects their grades and the grading structure."

    Keywords:

    assignment; discretion; limits; organisation's interest; transfer;

    Consideration 18

    Extract:

    The complainant objects to her transfer from a G.7 post she held in the document services branch to the post of assistant cashier at the same grade because the new post did not suit her qualifications. The Tribunal holds that "the transfer did not cause the complainant any drop in grade, so that her basic rights under the Staff Regulations are unimpaired. The only question possibly at issue is whether her new post comprises duties and responsibilities that warrant G.7 and, as the organisation has explained, there is no question but that it does since the duties of assistant cashier have always carried that grade."

    Keywords:

    grade; organisation's duties; transfer;



  • Judgment 723


    58th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Director-General's implied endorsement of the performance report, his postponement of the increment and the transfer are all discretionary decisions and, moreover, ones that fall within an area in which the Tribunal will not ordinarily interfere."

    Keywords:

    discretion; increment withheld; judicial review; performance report; rating; transfer; unsatisfactory service;



  • Judgment 692


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Unlike special leave, leave required in the service of the organisation must be granted, as provided by the regulations, according to circumstances and is not otherwise subject to a time limit. The 12-day leave requested by the complainant is justified for transfer from one duty-post to another, i.e. for professional purposes. The Tribunal allows the complaint.

    Keywords:

    amendment to the rules; duty station; grounds; leave; request by a party; transfer;



  • Judgment 685


    57th Session, 1985
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant objects to the detriment to himself and his family caused by his assignment to Nepal. So the decision he impugns is the one informing him of his transfer, of which he got notice in March 1981. Since he waited until March 1983 to put his case to the Appeal Board the complaint is irreceivable.

    Keywords:

    consequence; internal appeal; receivability of the complaint; start of time limit; time bar; time limit; transfer;



  • Judgment 631


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    "The Director-General took the impugned decision in the exercise of his discretion. This means that the Tribunal will not interfere with it merely because they think it to be wrong. They must be satisfied, to put it briefly, that it was not only wrong but wrongly motivated or based on an error of law or a complete misapprehension of the facts. Moreover, where [...] the interests of the organization form the sole criterion for the decision, the Tribunal will be reluctant to interfere since the Director-General must normally be regarded as the best judge of what those interests are."

    Keywords:

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

    Consideration 27

    Extract:

    The Staff Rule on reduction in grade is applicable: it is not concerned with the personal grade of the staff member but with the grade of the post. "The Tribunal agrees that the decision was in substance a demotion. This follows almost automatically from the fact that it was a transfer from a P.6 to a P.5 post with lower responsibility. [...] To be diminished in responsibility and effectiveness can be just as hurtful as to be lowered in grade."

    Keywords:

    assignment; downgrading; grade; post; transfer;

    Consideration 28

    Extract:

    The complainant retains his P.6 grade on a personal basis, but is transferred, without reasons having been given, to a P.5 post. The Tribunal regards this as downgrading of function. "There is [...] much to be said for the argument that, whether or not there is a specific provision in the Staff Rules, as a matter of contractual obligation the administration ought not to take a decision injuriously affecting a staff member's career without first, as a matter of natural justice, giving him the reasons for the decision and getting his response."

    Keywords:

    downgrading; duty to substantiate decision; grade; organisation's duties; post; professional injury; transfer;

    Consideration 25

    Extract:

    "It was not a proposal to reassign but an immediate and unconditional decision to reassign made irrespective of whether or not the Director-General would permit the retention of the P.6 grade on a personal basis. Such a decision could lawfully be made only on the ground of the complainant's unsatisfactory performance or misconduct." In breach of the applicable rules, the decision was given without reasons and taken without having given the complainant an opportunity to reply. The decision must be regarded as a demotion.

    Keywords:

    downgrading; grounds; transfer;

    Consideration 34

    Extract:

    The Tribunal finds downgrading of function and prejudice. The complainant asks that he be reassigned to a post "fully commensurate with his grade, experience and abilities: or [...] that he should be placed on [...] leave with pay until such time as a suitable post became available. The Tribunal considers this solution to be appropriate. The Tribunal would find it difficult to believe that such a post either at WHO headquarters or elsewhere could not be found for a man in the early fifties with an unbroken record of achievement in the service of the organization for nearly twenty years."

    Keywords:

    bias; downgrading; transfer;

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