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Non-family duty station (968,-666)
You searched for:
Keywords: Non-family duty station
Total judgments found: 1
Judgment 4609
135th Session, 2023
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the new decision taken by UNESCO pursuant to Judgment 3936 in the context of her appeal against the decision to transfer her to Paris.
Consideration 5
Extract:
The Tribunal notes [...] that, in this particular case, UNESCO was obliged to end the complainant’s assignment as Head of the Kinshasa Office following the birth of her child. Non-family duty stations, which are determined for all organisations in the United Nations system by the International Civil Service Commission on the basis of recommendations from the United Nations’ Department of Safety and Security, and a list of which appears, in the case of UNESCO, in Annex 4 C to the Human Resources Manual, are places considered unsuitable for the assignment of staff members who are accompanied by their family due to the security situation in the States where they are located. Since Kinshasa was, at the material time, classed as a duty station in this category, the Tribunal considers that the Organization was therefore obliged to transfer the complainant to a post compatible with her new family status. Had it not done so, UNESCO would not only have failed to follow its own rules but also and above all would have put the complainant and her child in danger, which would have been a serious breach of the duty that all international organisations have pursuant to the Tribunal’s case law to adopt appropriate measures to ensure the safety of their staff members and, more generally, a breach of the duty of care towards them (see, inter alia, Judgments 4239, consideration 21, 3689, consideration 5, and 3025, consideration 2).
Reference(s)
ILOAT Judgment(s): 3025, 3689, 4239
Keywords:
duty of care; duty station; non-family duty station; organisation's duties;
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