Judgment No. 1050

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 26.06.1990
• Original: French
• Judges: Ducoux, Carroll, Razafindralambo
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

"But Regulation 4.2 provides that the purpose of transfer is to secure 'the highest standards of efficiency, competence and integrity'. In acting in pursuance of that purpose the Director-General is not precluded from transferring a staff member provided that his intention is, as Regulation 1.1 requires, to serve the organization's interests and that the staff member's own abilities and interests are not overlooked. Where the Director-General believes that the organization's interests must prevail he will act accordingly and the staff member will ordinarily have to fall in line unless he prefers resignation."

Reference(s)

Organization rules reference: UNESCO STAFF REGULATIONS 1.1 AND 4.2

Keywords

organisation's duties; staff member's interest; transfer; staff member's duties; discretion; organisation's interest; purpose

Consideration 4

Extract:

"The greater caution must be shown in interfering with a [transfer] decision which is founded solely on the organization's interests because the Director-General must ordinarily be deemed to be the best judge of what they are."

Keywords

transfer; judicial review; discretion; organisation's interest

Consideration 7, Summary

Extract:

The complainant objects to the decision to transfer him. He takes the organization to task for failing to provide him with a description of his new post. As his new duties were similar to ones he held earlier, he must already have known what they were in the main.

Keywords

organisation's duties; transfer; post description