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Downgrading (263,-666)
You searched for:
Keywords: Downgrading
Total judgments found: 27
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Judgment 4598
135th Session, 2023
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on her the disciplinary measure of loss of three steps in grade for her failure to observe the standards of conduct expected of staff members.
Judgment keywords
Keywords:
complaint allowed; disciplinary measure; downgrading;
Judgment 4565
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on her the disciplinary sanction of downgrading for having engaged in gainful employment while on non-active status without prior authorisation.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; downgrading; outside activity;
Judgment 4115
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to downgrade him for serious misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; downgrading; serious misconduct;
Judgment 4114
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to downgrade him for serious misconduct.
Judgment keywords
Keywords:
complaint dismissed; downgrading; serious misconduct;
Judgment 4042
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to downgrade her for misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; downgrading; misconduct; staff representative;
Judgment 3971
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to ban him from entering the EPO’s premises, to suspend him from duties and to downgrade him.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; disciplinary procedure; downgrading; suspension;
Judgment 3969
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the EPO’s decision to impose upon her the disciplinary measure of downgrading.
Judgment keywords
Keywords:
complaint allowed; decision quashed; disciplinary measure; downgrading; misconduct;
Judgment 3968
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on her the disciplinary measure of downgrading for serious misconduct, and the decision not to initiate an investigation into her allegations of institutional harassment.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; downgrading; misconduct; staff representative;
Judgment 3962
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to downgrade her, reassign her to another position and place her on an additional period of probation.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; disciplinary procedure; downgrading; reassignment;
Considerations 11 and 15
Extract:
Article 52 of the Service Regulations dealt with incompetence. It provided: “(1) Subject to Article 23 of the Convention, a permanent employee who proves incompetent in the performance of his duties may be dismissed.
The appointing authority may, however, offer to classify the employee concerned in a lower grade and to assign him to a post corresponding to this new grade. [...]"
[...]
A third and related issue arising from the language of Article 52(1) is that once this assessment is undertaken by or on behalf of the President, an offer should have been made to the complainant identifying the new lower grade and the post to which she might be assigned. It was not. Reasonably clearly this step of making an offer is intended to ensure that a permanent employee proven to be incompetent in the position she or he then held, has the opportunity of discussing with the EPO what work she or he might do within the EPO into the future. In the ordinary course, one would expect that a decision to offer to classify the permanent employee in a lower grade and assign her or him to a new post would be significantly more attractive to the staff member concerned, found to be incompetent, than a decision to dismiss. Nonetheless important considerations may arise for the affected staff member including alterations to remuneration and likely career paths within the EPO. Indeed it is not possible to entirely discount, once an offer was made, negotiations or at least discussions taking place between the affected staff member and the EPO about what the EPO proposed. In a case such as the present where mental health issues were involved, some form of agreed medical assessment might also be appropriate to gauge competency given that the underlying aim of this process is to place the affected permanent employee in a position where she or he is competent and contributing to the overall work of the EPO.
Reference(s)
Organization rules reference: Article 52 of the Service Regulations
Keywords:
disciplinary measure; downgrading; medical opinion;
Consideration 14
Extract:
The legal question was whether an appropriate lower grade could be identified into which the complainant would be classified and ultimately the assignment of the complainant to a post corresponding to this new grade. That process plainly involved the identification of an appropriate post. Obviously the identification of the grade, the reclassification and the identification of a post and assignment to it would depend on a number of factors. They would include the skills and qualifications of the complainant notwithstanding that they did not then render the complainant competent to perform the work of an examiner at grade A3. Also relevant would be an assessment of the level of competency of the complainant which would inform the decision about the grade in which the complainant should be classified. The level of the competency would influence or even determine the extent to which the complainant was reduced in grade. Similar considerations would bear upon the identification of a post in the new grade to which the complainant could be assigned. The President did not undertake an exercise with this legal framework in focus even if, as a practical matter, some or perhaps even all these considerations were in play. This is a legal flaw in the impugned decision.
Keywords:
disciplinary measure; downgrading;
Judgment 3953
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to impose upon her the disciplinary measure of downgrading and to recover from her undue payments through monthly deductions from her salary.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; downgrading;
Consideration 14
Extract:
Regarding the severity of the imposed sanction, the Tribunal recalls that, according to a long line of precedent the decision-making authority has discretion in determining the severity of a sanction to be applied to a staff member whose misconduct has been established. However, as stated in Judgment 3640, under 29 and 31, that discretion must be exercised in observance of the rule of law, particularly the principle of proportionality. In the present case, the complainant’s downgrading was not disproportionate to her misconduct. The complainant took financial advantage from the contested unlawful conduct with which she was charged and which was established. This is a serious breach of the duty of honesty incumbent on international civil servants and her state of health has no bearing on the merits of the impugned decision. In light of the above considerations, the complaint must be dismissed.
Reference(s)
ILOAT Judgment(s): 3640
Keywords:
disciplinary measure; downgrading; fraud; proportionality;
Judgment 3200
115th Session, 2013
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on her the disciplinary measure of demotion.
Judgment keywords
Keywords:
complaint allowed; decision quashed; disciplinary measure; downgrading; due process in disciplinary procedure;
Judgment 3188
114th Session, 2013
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions not to update her job description, not to select her for a G-6 position and her alleged subsequent demotion.
Judgment keywords
Keywords:
complaint allowed; downgrading; selection procedure; transfer;
Judgment 3123
113th Session, 2012
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; downgrading; reinstatement;
Judgment 1972
89th Session, 2000
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The complainant, a director of a department, was made aware of two e-mails which were written in highly indecorous terms and, although private, commented on the running of the department. The Staff Union Committee protested against what it considered to be an invasion of privacy. The complainant did not respect the order to use discretion issued by the Director of Personnel. The Director-General, considering the complainant incapable in his function as Director of a department to maintain a stable and productive working environment, transferred him to a post of special advisor. "As the Tribunal held in Judgment 1018 [...], it is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, and a transfer in the interests of the service may be an appropriate way of settling a conflictual situation. [...] However, since it cannot be regarded as disciplinary, the measure must, as the case law prescribes, heed the staff member's dignity and good name and not cause him undue suffering. Clearly, in this case the complainant was bound to view the measure as downgrading him. However, the fact that the organization was at pains to find him an assignment in keeping with his competence if not his wishes, to maintain his grade and to exercise the utmost discretion in dealing with the matter, shows that everything was done to protect his dignity as a senior official."
Reference(s)
ILOAT Judgment(s): 1018
Keywords:
conduct; discretion; downgrading; executive head; hidden disciplinary measure; organisation's interest; respect for dignity; transfer; working relations;
Judgment 1234
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the moves. His second transfer was to a post at a lower grade, some distance from headquarters and in a field he had never worked in. "Although the Director-General will ordinarily be treated as the best judge of what the organization's interests are and the Tribunal will not ordinarily interfere in his assessment of them, nevertheless it will do so in this case. It is quite inadequate to plead that the decision to transfer the complainant was 'in the interests of the organization'. The basis for reaching that conclusion must be made clear so that the Tribunal may exercise its power of review and determine whether there exists any of the grounds for setting aside a discretionary decision of that kind."
Keywords:
discretion; downgrading; duty to substantiate decision; grade; judicial review; limits; organisation's duties; organisation's interest; post; transfer;
Consideration 19
Extract:
The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the transfers. His second move was to a post at a lower grade, at some distance from headquarters and in a field he had never worked in. The organization pleads that his transfer was "in the interests of the organization" and that the burden is on him to show that it was not. "But there it betrays a deeply mistaken view of its duty. Of course its own interests are paramount, but it must still, for the sake of proper management and mutual confidence, treat its staff fairly. If it is transferring a staff member it must let him have a degree of responsibility corresponding to his grade and respect his dignity. It must give him a statement of the reasons for the transfer and the opportunity of responding."
Keywords:
burden of proof; downgrading; duty to substantiate decision; grade; organisation's duties; organisation's interest; post; respect for dignity; right to reply; staff member's interest; transfer;
Considerations 12-13
Extract:
The complainant was transferred against his wishes to a post at a lower grade, D.1, but kept grade D.2 on a personal basis. The Tribunal confirms what it said in Judgment 631 about staff Rule 570 on reduction in grade. That provision - which says that reduction in grade may result (1) from the staff member's own request, (2) from unsatisfactory performance or misconduct or (3) as an alternative to termination in a reduction inforce - applies even when the staff member keeps his own grade on a personal basis. "The organization may not require a staff member to move to a post at a lower grade against his wishes, however generous the financial compensation, unless there is compliance with Rule 570."
Reference(s)
Organization rules reference: WHO STAFF RULE 570
ILOAT Judgment(s): 631
Keywords:
acceptance; case law; downgrading; grade; post; staff regulations and rules; transfer;
Judgment 1079
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Interpol's Staff Regulations and Staff Rules provide staff members guarantees against the loss of grade or changes to their conditions of service in connection with the headquarters move. The organization having failed to comply in full with those obligations, as a result of which the complainant turned down the offer of transfer, the Tribunal refers the complainant to Interpol to determine the compensation to which he is entitled.
Keywords:
downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;
Judgment 1024
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Interpol's Staff Regulations and Staff Rules provide staff members guarantees against the loss of grade or changes to their conditions of service in connection with the headquarters move. The organization having failed to comply in full with those obligations, as a result of which the complainants turned down the offer of transfer, the Tribunal refers the complainants to interpol to determine the compensation to which they are entitled.
Keywords:
downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;
Judgment 1023
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 1024.
Keywords:
downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;
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 843
63rd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal holds that the transfer, later reversed, to a post three grades lower was unlawful. Although the complainant's attitude may not have been beyond reproach, he suffered moral injury and loss of reputation. Under the circumstances, the amount of compensation provided by the impugned decision is too small and the Tribunal increases it from the equivalent of two to six months' take-home salary.
Keywords:
conduct; downgrading; material damages; moral injury; professional injury; transfer;
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