Reassignment (381, 382, 649,-666)
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Keywords: Reassignment
Total judgments found: 86
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Judgment 1787
86th Session, 1999
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Although the abolition of his post did demand of the Organization efforts to place him suitably and at the right grade elsewhere, he had no right to preference for any particular post, the less so since others were in the same plight. He may object to the Organization's failure to let him have the transfer he wanted, but such failure does not make it unlawful for the organization to have appointed another official to the post he had applied for, provided at least that that official was qualified."
Keywords:
abolition of post; appointment; competition; condition; equal treatment; grade; organisation's duties; post; priority; qualifications; reassignment; right;
Judgment 1659
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainants "plead breach of Regulation 12.2(b) which confers priority for re-employment on permanent employees whose posts had to be abolished. But since all the posts were abolished the Association had no choice in the matter and nothing to offer the redundant staff but the opportunity of applying for jobs in the new Secretariat."
Reference(s)
Organization rules reference: EFTA STAFF REGULATION 12.2(B)
Keywords:
abolition of post; competition; contract; exception; organisation's duties; permanent appointment; priority; reassignment; reorganisation; separation from service; staff regulations and rules; termination of employment;
Judgment 1614
82nd Session, 1997
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant's appointment was terminated after the Organisation abolished her post. Although the organisation knew it had a duty to look into possibilities of reassignment "it had not 'seriously' done so during the period of notice, as the rules required [as stated under Personnel Policies Manual Article 5.7.11(b)], or even afterwards. Indeed it has acknowledged by implication its failure to comply with that duty: why else offer her 'additional compensation' in relief? The plea succeeds and for that reason alone the impugned decision must be set aside."
Reference(s)
Organization rules reference: ARTICLE 5.7.11(B) OF IFAD PERSONNEL POLICIES MANUAL
Keywords:
abolition of post; compensatory allowance; organisation's duties; reassignment; staff regulations and rules; termination of employment;
Judgment 1602
82nd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
According to precedent "the right to priority of consideration that belongs to someone whose post has been abolished requires that any authority concerned with making the appointment must be aware of the right and carefully compare the professional profile of the staff member with that of any outside candidate."
Keywords:
abolition of post; organisation's duties; priority; qualifications; reassignment;
Judgment 1553
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
UNESCO Staff Regulation 4.4 grants priority to serving staff for appointment to vacant posts. "Despite the unanimous recommendations by the senior personnel advisory boards and by the Appeals Board the Organization failed to give the complainant priority for vacant posts. It put the wrong question to its units and to its bureau of personnel. The right question was not whether there was a post that fitted her qualifications and experience but whether there was a post of which she was capable of fulfilling the duties competently. [...] No instructions went out that she should be given priority for any vacant posts. So the decision to terminate her services rested on a misinterpretation of Regulation 4.4 and so on a mistake of law. That decision must therefore be set aside".
Reference(s)
Organization rules reference: UNESCO STAFF REGULATION 4.4
Keywords:
abolition of post; candidate; decision; internal candidate; interpretation; material damages; moral injury; organisation's duties; priority; qualifications; reassignment; reinstatement; staff regulations and rules; termination of employment; vacancy;
Judgment 1487
80th Session, 1996
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The abolition of a post need not mean that the employee on it must go. [...] But here it is plain from the evidence [...] that the Secretary-General did look thoroughly into the possibilities of reassignment, but he found no suitable post because of the complainant's grade and because there were but few permanent posts, and even fewer that were vacant or likely to become so."
Keywords:
abolition of post; organisation's duties; reassignment; separation from service; termination of employment;
Judgment 1475
80th Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The Organization lawfully dismissed the complainant under [Staff] Rule 1070.1: it gave her due written warning; it let her have reasonable time in which to improve; it paid her three months' salary in lieu of notice; and it was unable to reassign her locally."
Reference(s)
Organization rules reference: WHO STAFF RULE 1070.1
Keywords:
due process; notice; organisation's duties; reassignment; staff regulations and rules; termination of employment;
Judgment 1382
78th Session, 1995
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-6
Extract:
The complainant was a locally recruited official in the general service category whose appointment was terminated after the paho abolished his post. He submits that the Organization ruled out the possibility of reassignment by limiting the geographical scope of a competition. The plea fails. WHO Manual paragraph II.9.290 confers no right on general service staff to reassignment on a post outside their duty station. Staff Rule 510.1 precludes reassignment of such staff outside their duty station unless there is mutual agreement and under Rule 1310.2 all posts in the general service category are subject to local recruitment.
Reference(s)
Organization rules reference: WHO MANUAL PARAGRAPH II.9.290; PAHO STAFF RULE 510.1; PAHO STAFF RULE 1310.2
Keywords:
appointment; duty station; general service category; interpretation; local status; reassignment; right; staff regulations and rules; written rule;
Judgment 1131
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal observes that UNESCO's decision to separate the complainant from service after it abolished his post was flawed by the Organization's failure to abide by the rules in Circular No. 1583. The report of the Joint Co-Operation Committee, which was to make a recommendation on the case, gives no evidence of any discussion of the administration's proposals concerning the complainant. What is more, the proposal to freeze his post did not come from the competent authority. A redeployment proposal was rejected without having been discussed or put to the Director-General as required by the circular. As the complainant is not seeking reinstatement, the Tribunal grants him redress for material injury in the amount of one year's full pay.
Keywords:
abolition of post; administrative instruction; advisory body; advisory opinion; competence; consultation; decision-maker; fixed-term; non-renewal of contract; organisation's duties; procedural flaw; reassignment; separation from service;
Judgment 1129
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"There will indeed be misuse of authority where an administration acts for reasons that are extraneous to the organisation's best interests and seeks some objective other than those which the authority vested in it is intended to serve." There is no evidence that the organization, which followed the prescribed procedure and did its utmost to find another post for the complainant, dismissed him for reasons other than those linked to the financial crisis it was facing.
Keywords:
abolition of post; abuse of power; budgetary reasons; definition; grounds; misuse of authority; organisation's interest; procedure before the tribunal; reassignment; termination of employment;
Judgment 1116
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7, Summary
Extract:
The complainant argues that his post was not abolished for reasons of financial stringency. What he alleges prompted his dismissal was a desire to get rid of him, and that led to abuse of authority. He cites as evidence of this UNESCO's extension of his appointments over a five-year span for only very short periods. The Tribunal finds no evidence of liability on UNESCO's part: the organization did its utmost to seek other employment for him.
Keywords:
abolition of post; abuse of power; budgetary reasons; lack of evidence; misuse of authority; reassignment; successive contracts; termination of employment;
Judgment 1114
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, whose appointment had not been extended, "accuses the organization of acting arbitrarily because it made no effort to find a position for him, though it did seek to place other members of [his division]. But the explanation is that he had the possibility of reinstatement in the World Bank - and indeed he himself arranged [...] to go back to the Bank - whereas the other members [of the division] presumably had no such alternative to fall back on. In the circumstances there was no abuse of authority or arbitrariness in the organization's stand."
Keywords:
abuse of power; contract; fixed-term; misuse of authority; non-renewal of contract; reassignment;
Judgment 893
64th Session, 1988
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant's post was abolished. After remaining unemployed for nine months, he accepted the organization's offer of reinstatement on condition that it be at a lower grade level. The Tribunal holds that "the complainant has indeed waived his right of appeal by accepting the director's offer."
Keywords:
abolition of post; acceptance; contract; downgrading; offer; reassignment; waiver of right of appeal;
Judgment 844
63rd Session, 1987
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
"The failure of the complainant to find another position within the Agency cannot form the basis of a claim since Staff Rule 3.03.2[d] provides that a fixed-term appointment does not carry any expectation of renewal or of conversion to any other type of appointment. There is nothing to substantiate his allegation that his attempts to find other employment within the Agency were thwarted by the head of his section."
Reference(s)
Organization rules reference: ARTICLE 3.03.2 OF THE IAEA STAFF RULES
Keywords:
contract; fixed-term; non-renewal of contract; organisation's duties; reassignment;
Judgment 651
55th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant maintains that the organization denied him the priority he was entitled to under the reduction-in-force procedure in the Staff Rules. He refers to the existence of five posts, "but he fails to establish that he was qualified for any of them or better qualified than the incumbents. In other words, he has not shown that the conditions for granting him the priority he claims were fulfilled."
Keywords:
abolition of post; condition; priority; qualifications; reassignment; termination of employment; vacancy;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The evidence does not reveal whether reassignment possibilities were explored by the organization as required by the Staff Rules. "Only the employer may provide such evidence. [...] But the reason why the point remains obscure is that the complainant will not allow the Tribunal access to the whole file." The original decision to terminate the appointment made mention of no special reasons for it, nor were any required. There is no formal defect.
Keywords:
burden of proof; organisation; reassignment; termination of employment;
Judgment 577
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision not to renew the complainant's contract was taken in the framework of economy measures requiring the abolition of certain posts. The complainant was not qualified to hold any of the vacant posts available [...] and his linguistic skills were insufficient to [permit] alternative employment [to be obtained] for him. His allegation of discrimination is, in the circumstances, unfounded."
Keywords:
abolition of post; budgetary reasons; condition; contract; fixed-term; non-renewal of contract; qualifications; reassignment;
Judgment 470
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant seeks reinstatement for two years. PAHO Staff Rule 1050.2 requires the Director "to take steps to try to keep on the staff someone whose post has been abolished. Such steps are not called for in this case. By his own account the complainant would have received a retirement pension a year and a half after leaving the organization. [...] There are therefore no grounds for now ordering his reinstatement."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
Keywords:
abolition of post; organisation's duties; reassignment; retirement;
Consideration 6
Extract:
The organization offered the complainant a post at a lower grade and salary in a different office; it offered to circulate his curriculum vitae to the field offices; it took his candidacy into account when filling vacancies. These measures failed to meet the requirements of the applicable staff rules, which require the organization "not just to offer the complainant any available employment [...] but to give him priority on certain conditions."
Reference(s)
Organization rules reference: ARTICLE 1050 OF THE PAHO STAFF RULES
Keywords:
abolition of post; organisation's duties; priority; reassignment;
Judgment 415
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"If [...] the post is being abolished, it does not necessarily mean that the contract can be terminated without any further consideration. The Director-General must still consider whether there is any other work which the official can usefully do and which it is in the interests of the organisation that he should do."
Keywords:
abolition of post; organisation's duties; organisation's interest; reassignment;
Consideration 6
Extract:
It is not open to the Director-General to substitute another preference for that expressed in the Staff Regulations for "persons already in the service [...] to do so is beyond his lawful powers. [...] The Regional Director in deciding not to extend the complainant's contract on the ground that her post was abolished, failed to take into consideration the other posts that were or should have been open to her and for which she should have been given preference."
Keywords:
abolition of post; contract; fixed-term; non-renewal of contract; organisation's duties; priority; reassignment;
Consideration 7
Extract:
The complainant's post was abolished and her contract was not renewed. The Staff Regulations stipulate that preference should be given to "persons already in the service" but the complainant was denied the benefit of such preference. "She has not been deprived of any contractual rights to salary or pension, but only of expectation of further employment. The Tribunal considers that the appropriate award of compensation is 8,000 Swiss francs."
Keywords:
abolition of post; amount; contract; damages; fixed-term; legitimate expectation; non-renewal of contract; organisation's duties; priority; reassignment;
Judgment 414
44th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The organisation experienced financial difficulties and reduced the number of posts. Efforts were made to reassign the complainant, whose contract without limit of time had been replaced by a fixed-term appointment. The "lack of success [of these efforts] does not mean that the [organisation] failed in its obligations. indeed it was only to be expected in the circumstances. [...] There is no evidence to suggest that it appointed staff members less well qualified than he to duties which might have suited him."
Keywords:
abolition of post; amendment to the rules; budgetary reasons; contract; duration of appointment; fixed-term; organisation's duties; permanent appointment; reassignment; staff reduction;
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