爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT held that the staff member had had ample opportunity to comment on her lateral transfer. The 爆料网AT noted that she had been aware of the recommendation to separate her from her First Reporting Officer, against whom she had made a complaint of prohibited conduct, and had had the opportunity to voice her concerns and also had been informed of the reassignment decision nearly a month before she took up the new post.
The 爆料网AT accepted that the responsibilities and job functions of the new post had been commensurate with the staff member’s competence, skills, and experience. The 爆料网AT found that there had been no increased risk to her future job security and that she had suffered no economic prejudice.
The 爆料网AT concluded that the procedural requirements of the reassignment had been met.
The 爆料网AT noted that the Administration had dedicated extensive time and human resources managing the conflict between the staff member and her First Reporting Officer over four years, including mediation efforts. The 爆料网AT agreed with the 爆料网DT that maintaining a harmonious work environment and the prevention of prohibited conduct was a valid operational reason for the reassignment. The 爆料网AT held that the reassignment decision was fair and operationally in the best interest of her former unit.
The 爆料网AT found no error in the 爆料网DT’s determination that there had been no evidence of an improper motive in the reassignment decision.
The 爆料网AT dismissed the appeal and affirmed the 爆料网DT Judgment.
Decision Contested or Judgment/Order Appealed
A staff member contested the decision to laterally transfer her from the position of Contracts Management Officer to the position of Procurement Officer.
In Judgment No. 爆料网DT/2023/041, the 爆料网DT dismissed the application.
The staff member appealed.
Legal Principle(s)
There is no procedural requirement that the staff member consent to the reassignment.