Judgment No. 129
Decision
The claim for unlawful and unjust withdrawal from Central America is dismissed.
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; transfer; working relations; organisation's interest
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
transfer; judicial review; discretion; organisation's interest
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