¹ú²úAV

The Tribunal found that there was no evidence that the transfer decision was arbitrary or based on improper motives. Administrative review/management evaluation: Requests for administrative review or management evaluation are mandatory first steps in the appeal process. In the case at hand, the only decision that was the subject of a request for management evaluation, and that is therefore properly before the Tribunal, is the decision to transfer the Applicant laterally from Cairo to Abu Dhabi. The Applicant’s arguments regarding the unlawfulness of the decision to abolish his post and of previous reassignment decisions must fail since he did not formally contest these decisions through the appropriate procedure. Reassignments & Discretion of the Secretary-General: Staff regulation 1.2(c) gives the Secretary-General broad discretion in making reassignment decisions. Section 2.4 of ST/AI/2006/3 does not impose restrictions on such discretion in case of a lateral transfer. Notwithstanding, it has been consistently held that the Secretary-General’s discretionary authority is not unfettered and must not be arbitrary and/or tainted by improper motives. Lateral transfers & staff selection procedures: ST/AI/2006/3 makes a clear distinction between a selection under the provisions of this instruction and an executive decision of lateral transfer (see for example section 4.2(c); paragraph 1 of annex I; and paragraph 1 of annex II). It results from such distinction that a head of department/office has the authority to transfer staff laterally within his or her department/office notwithstanding the procedures applicable under the new staff selection system. Put differently, in order to laterally transfer a staff member within a department/office, the head of that department or office does not have to apply the staff selection system.