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Downgrading (263,-666)

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Keywords: Downgrading
Total judgments found: 25

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  • Judgment 4115


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to downgrade him for serious misconduct.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; downgrading; serious misconduct;



  • Judgment 4114


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to downgrade him for serious misconduct.

    Judgment keywords

    Keywords:

    complaint dismissed; downgrading; serious misconduct;



  • Judgment 4042


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to downgrade her for misconduct.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; downgrading; misconduct; staff representative;



  • Judgment 3971


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to ban him from entering the EPO’s premises, to suspend him from duties and to downgrade him.

    Judgment keywords

    Keywords:

    complaint dismissed; disciplinary measure; disciplinary procedure; downgrading; suspension;



  • Judgment 3969


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the EPO’s decision to impose upon her the disciplinary measure of downgrading.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; disciplinary measure; downgrading; misconduct;



  • Judgment 3968


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to impose on her the disciplinary measure of downgrading for serious misconduct, and the decision not to initiate an investigation into her allegations of institutional harassment.

    Judgment keywords

    Keywords:

    complaint dismissed; disciplinary measure; downgrading; misconduct; staff representative;



  • Judgment 3962


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to downgrade her, reassign her to another position and place her on an additional period of probation.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; disciplinary procedure; downgrading; reassignment;

    Considerations 11 and 15

    Extract:

    Article 52 of the Service Regulations dealt with incompetence. It provided: “(1) Subject to Article 23 of the Convention, a permanent employee who proves incompetent in the performance of his duties may be dismissed.
    The appointing authority may, however, offer to classify the employee concerned in a lower grade and to assign him to a post corresponding to this new grade. [...]"
    [...]
    A third and related issue arising from the language of Article 52(1) is that once this assessment is undertaken by or on behalf of the President, an offer should have been made to the complainant identifying the new lower grade and the post to which she might be assigned. It was not. Reasonably clearly this step of making an offer is intended to ensure that a permanent employee proven to be incompetent in the position she or he then held, has the opportunity of discussing with the EPO what work she or he might do within the EPO into the future. In the ordinary course, one would expect that a decision to offer to classify the permanent employee in a lower grade and assign her or him to a new post would be significantly more attractive to the staff member concerned, found to be incompetent, than a decision to dismiss. Nonetheless important considerations may arise for the affected staff member including alterations to remuneration and likely career paths within the EPO. Indeed it is not possible to entirely discount, once an offer was made, negotiations or at least discussions taking place between the affected staff member and the EPO about what the EPO proposed. In a case such as the present where mental health issues were involved, some form of agreed medical assessment might also be appropriate to gauge competency given that the underlying aim of this process is to place the affected permanent employee in a position where she or he is competent and contributing to the overall work of the EPO.

    Reference(s)

    Organization rules reference: Article 52 of the Service Regulations

    Keywords:

    disciplinary measure; downgrading; medical opinion;

    Consideration 14

    Extract:

    The legal question was whether an appropriate lower grade could be identified into which the complainant would be classified and ultimately the assignment of the complainant to a post corresponding to this new grade. That process plainly involved the identification of an appropriate post. Obviously the identification of the grade, the reclassification and the identification of a post and assignment to it would depend on a number of factors. They would include the skills and qualifications of the complainant notwithstanding that they did not then render the complainant competent to perform the work of an examiner at grade A3. Also relevant would be an assessment of the level of competency of the complainant which would inform the decision about the grade in which the complainant should be classified. The level of the competency would influence or even determine the extent to which the complainant was reduced in grade. Similar considerations would bear upon the identification of a post in the new grade to which the complainant could be assigned. The President did not undertake an exercise with this legal framework in focus even if, as a practical matter, some or perhaps even all these considerations were in play. This is a legal flaw in the impugned decision.

    Keywords:

    disciplinary measure; downgrading;



  • Judgment 3953


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to impose upon her the disciplinary measure of downgrading and to recover from her undue payments through monthly deductions from her salary.

    Judgment keywords

    Keywords:

    complaint dismissed; disciplinary measure; downgrading;

    Consideration 14

    Extract:

    Regarding the severity of the imposed sanction, the Tribunal recalls that, according to a long line of precedent the decision-making authority has discretion in determining the severity of a sanction to be applied to a staff member whose misconduct has been established. However, as stated in Judgment 3640, under 29 and 31, that discretion must be exercised in observance of the rule of law, particularly the principle of proportionality. In the present case, the complainant’s downgrading was not disproportionate to her misconduct. The complainant took financial advantage from the contested unlawful conduct with which she was charged and which was established. This is a serious breach of the duty of honesty incumbent on international civil servants and her state of health has no bearing on the merits of the impugned decision. In light of the above considerations, the complaint must be dismissed.

    Reference(s)

    ILOAT Judgment(s): 3640

    Keywords:

    disciplinary measure; downgrading; fraud; proportionality;



  • Judgment 3200


    115th Session, 2013
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to impose on her the disciplinary measure of demotion.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; disciplinary measure; downgrading; due process in disciplinary procedure;



  • Judgment 3188


    114th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions not to update her job description, not to select her for a G-6 position and her alleged subsequent demotion.

    Judgment keywords

    Keywords:

    complaint allowed; downgrading; selection procedure; transfer;



  • Judgment 3123


    113th Session, 2012
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; downgrading; reinstatement;



  • 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 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 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 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 893


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

    Consideration 2

    Extract:

    The complainant's post was abolished. After remaining unemployed for nine months, he accepted the organization's offer of reinstatement on condition that it be at a lower grade level. The Tribunal holds that "the complainant has indeed waived his right of appeal by accepting the director's offer."

    Keywords:

    abolition of post; acceptance; contract; downgrading; offer; reassignment; waiver of right of appeal;



  • 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 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;



  • Judgment 631


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

    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 35

    Extract:

    The Tribunal finds downgrading of function and prejudice. "The complainant has sustained moral damage in that he has been denied the satisfaction of continuing to work in a job of high interest and responsibility which he had himself helped to create and been relegated to a position of lower responsibility and declining importance. This should be marked by a moderate award of money."

    Keywords:

    downgrading; moral injury;

    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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Last updated: 23.09.2021 ^ top