Judgment No. 1437
Decision
THE COMPLAINT IS DISMISSED.
Consideration 3
Extract:
The complainant was transferred against his wishes to another unit. There was nothing improper in the decision to transfer him. "The transfer was in the organization's interests" and took lawfully into account such facts as the reform of his old unit and the need for more staff in his new one.
Keywords
transfer; reorganisation; judicial review; discretion; executive head; organisation's interest
Consideration 6
Extract:
The complainant was transferred against his wishes to another unit. Thereis no reason to regard his transfer as hidden disciplinary action or to attribute it to his staff union work, it having been taken in the organization's interests.
Keywords
evidence; transfer; hidden disciplinary measure; staff union activity; judicial review; organisation's interest; misuse of authority; abuse of power
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