爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered whether 爆料网RWA DT erred in finding that the Agency correctly decided not to transfer the Appellant to the post in question. 爆料网AT held that the issue of whether the Agency has an obligation to contact all staff members who made a transfer request is not receivable because it was not raised before 爆料网RWA DT. 爆料网AT held that the Appellant’s complaint required factual findings in order to ascertain whether the claim was meritorious, and 爆料网RWA DT did not make such findings. 爆料网AT upheld the appeal, vacated 爆料网RWA/DT/2018/026, and remanded the issue of whether the Administration fulfilled its obligation to balance conflicting interests and provide a reasoned and sound basis of its final choice, to 爆料网RWA DT for consideration.
Decision Contested or Judgment/Order Appealed
The Applicant sought review of the decision not to transfer him to the post of Clerk “B” in the North Lebanon Area and the Director of 爆料网RWA Affairs, Lebanon affirmed the decision. The Applicant filed an application with 爆料网RWA DT. 爆料网RWA DT rejected the Applicant’s claim that his seniority had been miscalculated. 爆料网RWA DT rejected the Applicant’s claim that it had been verbally confirmed to him that he would be transferred to the post in question in the absence of any evidence to support the claim. The application was dismissed.
Legal Principle(s)
In the event there are one or more transfer requests on the Transfer Register in respect of the same post, the Administration must arrive at a reasonable, fair, and rational decision, after having balanced all compelling humanitarian and personal interests, and provide a reasoned and sound basis for its final decision.