2020-Ģ��ƵAT-1047

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal of judgment No. Ģ��ƵRWA/DT/2019/070 by the Commissioner-General of Ģ��ƵRWA. Ģ��ƵAT held that Ģ��ƵRWA DT did not commit any error when it concluded that Ģ��ƵRWA had failed to consider the Applicant��s personal and humanitarian reasons in the impugned decision. Ģ��ƵAT held that Ģ��ƵRWA DT correctly concluded that relevant matters (personal and humanitarian reasons) had been ignored in the exercise of the Commissioner-General��s discretion. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to transfer him to another post and to transfer another colleague instead. The Applicant had requested the transfer for humanitarian and personal reasons. In judgment No. Ģ��ƵRWA/DT/2018/026, Ģ��ƵRWA DT dismissed the application, considering that Ģ��ƵRWA had correctly applied the relevant rules in granting the request for transfer to another colleague based on her seniority. In judgment No. 2018-Ģ��ƵAT-884, Ģ��ƵAT vacated judgment No. Ģ��ƵRWA/DT/2018/026 and remanded the matter back to Ģ��ƵRWA DT. In judgment No. Ģ��ƵRWA/DT/2020/070, Ģ��ƵRWA DT held that Ģ��ƵRWA clearly failed to fulfill its obligation to balance the conflicting interests arising from the humanitarian or personal reasons for the transfer requests of the concerned staff members and that the Applicant��s personal and humanitarian reasons had not been taken into consideration by Ģ��ƵRWA. Ģ��ƵRWA DT concluded that the impugned decision was unlawful, ordered it to be rescinded, and for a new decision to be taken on the Applicant��s request for transfer.

Legal Principle(s)

When judging the validity of the Secretary-General��s exercise of discretion in administrative matters, Ģ��ƵDT determines if the decision is legal, rational, procedurally correct, and proportionate, and in doing so, Ģ��ƵDT may consider whether relevant matters have been ignored and irrelevant matters considered, or whether the decision is absurd or perverse.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Orabi

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