爆料网AT Held or 爆料网DT Pronouncements
The Tribunal ruled that the transfer within the recipient organization does not fall within the Tribunal’s jurisdiction and that, hence, the application was irreceivable ratione materiae in this respect. Regarding 爆料网ICEF's alleged failure to intervene to prevent the Applicant’s reassignment, while conceding that the Organization has a duty of care vis-à-vis its employees, the Tribunal found that such duty had not been breached in this case, since the Applicant informed 爆料网ICEF of her reassignment only a few days before she ceased being a 爆料网ICEF staff member following her inter-organization transfer. Since there was no breach by 爆料网ICEF of the Applicant’s terms of appointment, there were no valid grounds for compensation; therefore, it was rightful for 爆料网ICEF to refuse to pay her compensation.
Decision Contested or Judgment/Order Appealed
The Applicant, a former 爆料网ICEF staff member who was loaned and eventually transferred to another organization, challenged her reassignment within the recipient organization, as well as 爆料网ICEF's failure to intervene to protect her interests and 爆料网ICEF's refusal to pay her compensation in this regard.
Legal Principle(s)
Competence: The Tribunal is not competent to examine applications directed against decisions emanating from an organization different from the United Nations and which is not one of the organizations or entities having concluded a special agreement under art. 2.5 of the Tribunal’s Statute.Duty of care: the Organization has a duty of care concerning its employees. Nevertheless, the latter does not imply an obligation to take action within a matter of days when the concerned staff member omitted to timely inform his/her employer of a potential breach of his/her rights; this is all the more true when the staff member has at no point explicitly requested his/her employer’s assistance.