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Transfer (255, 256, 257,-666)

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Keywords: Transfer
Total judgments found: 135

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  • Judgment 248


    34th Session, 1975
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant was warned by her supervisors that the quality of her services was not satisfactory; she was transferred to allow her to get adapted; different chiefs found her to be incompetent; she "received several warnings that if her services did not improve the organization would feel bound to dismiss her under Staff Regulation [...] The Tribunal holds that not only was the correct procedure followed for dismissing her but the organization actually showed great forbearance and consideration towards her."

    Keywords:

    judicial review; termination of employment; transfer; unsatisfactory service; warning;



  • Judgment 236


    32nd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The publication of a list of officials does not confirm the decision to transfer the complainant [against which appeal is time-barred] and does not constitute a new decision. The complaint is irreceivable.

    Keywords:

    complaint; confirmatory decision; receivability of the complaint; time bar; transfer;



  • Judgment 193


    29th Session, 1972
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    None of the claims for compensation are sustainable "except as an element of damage flowing from some unlawful decision by the Director-General." In the present case, certain irregularities were committed and remedied; they were not of a character to invalidate the decision to transfer which the complainant did not contest at the time it was made. He also accepted a subsequent transfer. The complaint is dismissed.

    Keywords:

    acceptance; cause of action; flaw; lack of injury; no cause of action; purpose; transfer;



  • Judgment 190


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    In transferring the complainant in the course of his appointment, as thus properly extended, to a different service, "the Director-General was simply applying the provisions of [the] Staff Regulation[s] under which he has authority to assign an official in the best interests of the organization".

    Keywords:

    discretion; organisation's interest; transfer;



  • Judgment 154


    23rd Session, 1970
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    Decisions to transfer an official lie within the discretion of the authority making them and are subject to review by the Tribunal only within certain limits; "in so far as the Tribunal judges itself competent to hear the complaints filed by the complainant against the decision to transfer him, they do not justify the quashing of the decision or the award of damages."

    Keywords:

    discretion; judicial review; transfer;

    Consideration 2(B)

    Extract:

    It is stated in their contracts that officials are initially appointed to a given post, subject to possible transfer subsequently. "The wording [initially, subsequently] of this provision does not mean that in every case an official must perform the duties of the original post for a certain period of time before being required to accept re-assignment. If the first assignment appears straight away to be unsuitable, there is nothing to prevent his immediate re-assignment. Any other solution might be as damaging to the official as to the organisation."

    Keywords:

    appointment; assignment; interpretation; organisation's interest; time limit; transfer;

    Consideration 2

    Extract:

    "Whether based on the Staff Regulations or on the terms of appointment, decisions to transfer an official lie within the discretion of the authority making them, and are therefore subject to review by the Tribunal only within certain limits."

    Keywords:

    discretion; judicial review; transfer;

    Consideration 2(C)

    Extract:

    The Director-General was not obliged to postpone the complainant's re-assignment because of alleged ill health. The disorders cited did not afford sufficient proof that he was unable to comply with the transfer order. The medical certificate bears a date later than the date of the complainant's scheduled departure. "In any event, it was not incumbent on the organisation to carry out automatically any inquiry into the complainant's state of health."

    Keywords:

    health reasons; medical examination; organisation's duties; time limit; transfer;

    Consideration 3(B)

    Extract:

    "[T]he sanction of discharge cannot be regarded as being out of proportion to the complainant's dereliction of duty. As the complainant had clearly shown that he did not intend to comply with the instructions concerning his transfer which it was his duty to obey, the organisation was not obliged to make use of his services [in the country in question], where his presence might be prejudicial to the organisation's work, nor in any other place since he refused to move from [the country]."

    Keywords:

    contract; fixed-term; refusal; termination of employment; transfer;

    Consideration 2(D)

    Extract:

    The demonstrations to which the complainant's arrival had given rise led the organisation to order the complainant's transfer. It is regrettable that before assigning the complainant to his post the organisation should not have satisfied itself that his assignment would raise no difficulties. "However, the complainant could not fail to be aware of the difficulties to which his assignment [...] might give rise, and he cannot therefore properly complain that the organisation lacked information which according to the normal standards of good faith he himself should have supplied."

    Keywords:

    conduct; duty to inform; good faith; grounds; organisation's duties; organisation's interest; transfer;

    Consideration 2(D)

    Extract:

    The complainant's transfer was motivated by the fact that his political views, as interpreted by the national authorities, could have compromised the success of his mission. "The organisation has rightly adopted a consistent policy whereby it avoids keeping on any staff member in any area where he has become a controversial figure, whatever the merits of the controversy may be, since the activities of international organisations can be effective only if their officials are above all suspicion."

    Keywords:

    grounds; organisation's interest; persona non grata; political activity; transfer;



  • Judgment 151


    23rd Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Director-General has the authority "to assign the staff members responsible to him in the best interest of the organization. The authority enjoyed by the chief of the organization in this respect affords him a wide field of discretion which the Tribunal can review only in specified cases."

    Keywords:

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



  • Judgment 146


    23rd Session, 1970
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    After the complaint was lodged with the Tribunal, the Director-General reversed his decision to terminate the complainant's appointment and transferred him to headquarters until the date of expiry of his contract. "By this decision the Director-General over-ruled the impugned decision to terminate [his] appointment." The complainant has therefore lost his cause of action and the Tribunal need not entertain it.

    Keywords:

    case pending; cause of action; contract; fixed-term; no cause of action; settlement out of court; termination of employment; transfer;



  • Judgment 142


    22nd Session, 1969
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant was relieved of his duties as deputy director of a division and was transferred. "The evidence shows that this decision was motivated by differences of opinion between the complainant and his superiors and by his circulation within the two organisations of his criticisms of their activities. This motive, whose falsity is not proved, was such as to furnish legal grounds for the decision made under" the applicable provision.

    Keywords:

    assignment; supervisor; transfer; working relations;



  • Judgment 132


    21st Session, 1969
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Whereas the complainant had to be informed beforehand that his transfer was contemplated, since this was a measure affecting him personally and entailing a major change of residence [...] all the circumstances on which the competent authority based its decision were [...] known to the complainant [...] he had commented on them at length [...] his chief had [...] warned him [...] that [...] the existing situation could not but seriously impair the satisfactory operation of the [service]."

    Keywords:

    duty to inform; grounds; notice; organisation's interest; right to reply; transfer;

    Considerations

    Extract:

    "Examination of the evidence shows that incidents involving [the complainant] had created a situation in the [regional office] prejudicial to its satisfactory operation. Consequently, regardless of where the responsibility for the incidents in question might lie, the Director-General on becoming aware of this situation was entitled to act under the authority derived from [the provision respecting transfer of staff in the interests of the service]."

    Keywords:

    conduct; discretion; organisation's interest; transfer;

    Considerations

    Extract:

    The transfer decision was not based on any specific complaint but "on the need to ensure harmony among the officials [...]. This reason, which because of its very vagueness excludes any suggestion of a disciplinary measure, is in fact one of the reasons justifying transfer in the interests of the organisation in accordance with [the applicable provision]."

    Keywords:

    grounds; organisation's interest; transfer; working relations;



  • Judgment 129


    21st Session, 1969
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[T]he Tribunal is satisfied that the [...] decision to transfer was taken purely in the interest of the organization. Where this is the case, the Tribunal will not substitute its own judgment for that of the Director-General unless he has based his decision on incorrect facts or has failed to take essential facts into consideration or has drawn false conclusions from the documents in the dossier."

    Keywords:

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

    Considerations

    Extract:

    The fact that "inharmonious working relations between the officers concerned in the project were endangering its success, was of itself sufficient, without inquiring into where the fault lay, to support the decision of the Director-General to move the complainant to another assignment."

    Keywords:

    grounds; organisation's interest; transfer; working relations;



  • Judgment 126


    20th Session, 1968
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "[W]hile as a general rule employees in a given grade must be assigned to work normally done by members of that grade, it is within the discretion of the Director-General, provided that there is no change in the grade or reduction in salary, nor any lowering of the dignity of the persons concerned, to assign them to work done by lower-grade employees if the needs of the service so require".

    Keywords:

    assignment; discretion; downgrading; grade; limits; organisation's duties; organisation's interest; respect for dignity; salary; transfer;



  • Judgment 115


    18th Session, 1967
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "[The] complainant's transfer, which involved no reduction in her salary, did not affect the nature of her appointment. In spite of her assignment to a temporary post, she continued to enjoy all the rights resulting from her appointment as a permanent staff member of the Organization. It follows that the [transfer] decision is not tainted by illegality."

    Keywords:

    amendment to the rules; assignment; duration of appointment; effect; permanent appointment; salary; short-term; terms of appointment; transfer;

    Consideration 7

    Extract:

    The applicable texts give "the Secretary-General discretionary power to assign staff members in the best interests of the organization, taking account in particular of the qualifications of the person concerned."

    Keywords:

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



  • Judgment 106


    17th Session, 1967
    United International Bureaux for the Protection of Intellectual Property
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is established by the [evidence] that the change in [the complainant's] duties was the result of the reorganisation in some of the organisation's services [...] and that [he] freely accepted the post of chief of this new service, the real importance of which does not depend on whether it was of a permanent or temporary character. Hence [the] complainant's argument that the change in his situation [...] was not justified by the interests of the service and constituted downgrading is not well founded."

    Keywords:

    acceptance; assignment; organisation's interest; reorganisation; transfer;



  • Judgment 100


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    In transferring the complainant within the same service, "the Director-General was simply exercising his right under [the applicable provision] while at the same time conforming to the terms of the complainant's appointment. It appears from the evidence in the dossier that this decision was taken in the interests of the service, and that it was not accompanied by any reduction in salary, and that it in no way affected the statutory rights of the complainant." The decision is lawful and does not constitute a sanction.

    Keywords:

    judicial review; lack of injury; organisation's interest; transfer;



  • Judgment 25


    6th Session, 1957
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (A)

    Extract:

    "The Director-General [...] enjoys discretionary powers in respect of the transfer of staff members to posts other than those to which they are initially assigned [...]. A refusal to accept a transfer may raise obstacles to the extension of an engagement beyond its original date of termination."

    Keywords:

    contract; discretion; fixed-term; non-renewal of contract; refusal; transfer;

    Consideration (A)

    Extract:

    "The offer of a new appointment, coupled with a transfer, exempts the organization from having to give advance notice of the expiration of the current appointment."

    Keywords:

    contract; fixed-term; non-renewal of contract; notice; organisation's duties; transfer;

    Consideration (A)

    Extract:

    "An offer was made to the complainant to extend his appointment and to transfer him [to the field]. The complainant made his acceptance of this offer subject to conditions the Director-General felt unable to accept. [The] non-renewal of the complainant's appointment did not violate [...] any of the relevant provisions of the Staff Regulations and Staff Rules."

    Keywords:

    contract; field; fixed-term; non-renewal of contract; refusal; transfer;

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Last updated: 23.01.2023 ^ top