2020-惇蹋厙AT-1047

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an appeal of judgment No. 惇蹋厙RWA/DT/2019/070 by the Commissioner-General of 惇蹋厙RWA. 惇蹋厙AT held that 惇蹋厙RWA DT did not commit any error when it concluded that 惇蹋厙RWA had failed to consider the Applicant＊s personal and humanitarian reasons in the impugned decision. 惇蹋厙AT held that 惇蹋厙RWA DT correctly concluded that relevant matters (personal and humanitarian reasons) had been ignored in the exercise of the Commissioner-General＊s discretion. 惇蹋厙AT dismissed the appeal and affirmed the 惇蹋厙RWA 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. 惇蹋厙RWA/DT/2018/026, 惇蹋厙RWA DT dismissed the application, considering that 惇蹋厙RWA had correctly applied the relevant rules in granting the request for transfer to another colleague based on her seniority. In judgment No. 2018-惇蹋厙AT-884, 惇蹋厙AT vacated judgment No. 惇蹋厙RWA/DT/2018/026 and remanded the matter back to 惇蹋厙RWA DT. In judgment No. 惇蹋厙RWA/DT/2020/070, 惇蹋厙RWA DT held that 惇蹋厙RWA 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 惇蹋厙RWA. 惇蹋厙RWA DT concluded that the impugned decision was unlawful, ordered it to be rescinded, and for a new decision to be taken on the Applicant＊s request for transfer.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, 惇蹋厙DT determines if the decision is legal, rational, procedurally correct, and proportionate, and in doing so, 惇蹋厙DT 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.

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Orabi

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