Request for transfer (257,-666)

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Keywords: Request for transfer
Total judgments found: 10

• Judgment 2833

  
  107th Session, 2009
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  In March 2006 the complainant, who had been assigned to Zimbabwe since 1996, applied for a transfer, in the same grade, to ILO headquarters in Geneva to occupy the advertised post of Senior Procurement Officer. His candidature was rejected because he failed to meet three of the core requirements listed in the vacancy notice. Circular No. 658, series 6, states that the Office should ensure, in particular, that 'priority for mobility is given to staff members who have completed their tours of duty', i.e. their assignment in a particular duty station.
  "It is not disputed that the complainant can avail himself of the mobility rules to return, as and when appropriate, to the Organization's headquarters. But that does not, of course, mean that he has a right to return to headquarters to take up a particular post without it being determined beforehand that the post to which he aspires corresponds to his skills."

  Reference(s)

  Organization rules reference: Circular No. 658, series 6
  
  

  Keywords:

  administrative instruction; competition; condition; criteria; duty station; field; grade; grounds; headquarters; organisation's duties; period; post; priority; qualifications; reassignment; refusal; request for transfer; right; vacancy notice; written rule;
  

  
  
  

• Judgment 1221

  
  74th Session, 1993
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The complainant seeks the redefinition of her duties and, subsidiarily, transfer or secondment. "The administration never forced the complainant to perform duties other than those in the description of her post. It is bound neither to amend the duties of staff to suit their own wishes nor [...] to grant their applications for transfer, provided that its decisions are not prompted by considerations irrelevant to its own interests."

  Keywords:

  amendment to the rules; assignment; discretion; organisation's duties; organisation's interest; post; post description; request by a party; request for transfer; secondment;
  

  
  
  

• Judgment 1179

  
  73rd Session, 1992
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "Transfer is at the discretion of the Director General [...]. The complainant wants the Tribunal to order the organization to consider his application for transfer to a suitable post. That is not the sort of claim the Tribunal is competent to grant, and it is therefore irreceivable."

  Keywords:

  competence of tribunal; discretion; request for 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 1076

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

  Considerations 3 and 7

  Extract:

  The complainant's application for transfer was refused. "Being discretionary, the decision may be set aside only if it was taken without authority [...]. The Tribunal will not quash a decision simply because the parties' respective interests might have been differently assessed."

  Keywords:

  discretion; judicial review; organisation; organisation's interest; refusal; request for transfer; staff member's interest;
  

  
  
  

• Judgment 939

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

  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 451

  
  46th Session, 1981
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "It is impossible to argue that the Director's failure to respond instantly and affirmatively to the complainant's demands [for transfer] amounted to an abuse of power."

  Keywords:

  abuse of power; misuse of authority; request for transfer;
  

  
  
  

• Judgment 196

  
  29th Session, 1972
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The complainant seeks transfer to any D.1 post compatible with his qualifications and experience. As stated, the claim must be dismissed. "While [...] the complainant is entitled to resist the refusal to appoint him to a specific post which has been put up for competition, he cannot claim to be appointed to any D.1 post without the appointing authority having had the opportunity to appraise the various candidates who might have applied."

  Keywords:

  assignment; cause of action; no cause of action; receivability of the complaint; request for transfer;
  

  
  
  

• Judgment 126

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

  Consideration 9

  Extract:

  "[H]aving recognised by decision of 22 March [...] which has become final as a result of this judgment of today's date, the need to transfer complainant to a different post, and having found it impossible to find another post acceptable to her, the Director-General was lawfully entitled to consider, after consulting the persons referred to [in the applicable provision], that the complainant's retention in the service of [the organization] was contrary to the interests of the organization."

  Keywords:

  health reasons; organisation; organisation's interest; refusal; request for transfer; termination of employment; termination of employment for health reasons;