Jordanian Administrative Court's Censorship of General Staff Transfers as Disciplinary Measures

Abstract

This research deals with general staff transferences as justified disciplinary measures as practiced by the Jordanian Administrative Court and the provisions of the Civil Service System of Jordan No. (82) issued in 2013 with all its amendments. This research is divided into two parts. The first part explores the conditions, regulations, provisions, and types of general staff transfers as a disciplinary measure. This part also explains the difference between the justified judgements and disciplinary measures in terms of written approval and refusal. The second part demonstrates the difference of staff transfer as a disciplinary measure and staff transfer as an organizational policy of managerial and staff rotation. This part explores the significance of staff rotation for organization development from a legal perspective. This research concludes that the Jordanian Decree No. 90/B issued in 2013 is not justifiable. It states that the transferred employee is not subject to any decrease or degradation in terms of the years of services, salary, and career order/rank. The research also argues that such measure do not guarantee the rights of the employee due the unequal relationship between the management and the employee. This means that this decree does not protect the employee from arbitrary termination decisions. Based on this, the research presents some recommendations to amend the respective decrees that would serve the public welfare as a proposal to the Jordanian government.