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Judgment No. 1115

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 2

Extract:

As the complaint was filed on the ninetieth day after the date of notification of the impugned decision, it is receivable in keeping with Article 6, paragraph 3, of the Rules of court and Article VII, paragraph 2, of the Statute.

Reference(s)

ILOAT reference: ARTICLE VII(2) OF THE STATUTE;
ARTICLE 6(3) OF THE RULES


Keywords

decision; receivability of the complaint; time limit; date of notification; start of time limit; iloat statute

Consideration 3

Extract:

The Appeal Board, which had new evidence before it, agreed to reopen the internal proceedings. It then reported that it was unable to make a further recommendation. The Director General took no further express decision. But that "does not preclude the complainant from impugning the implied decision that followed the resumption of hearings by the Board on the strength of new evidence. The outcome of the resumed hearings must be subject to review by the Tribunal even though the implied decision is the same in purport as the original decision."

Keywords

case reopened; implied decision; failure to answer claim; receivability of the complaint; internal appeals body; new time limit

Consideration 4

Extract:

"The Organization objects to [the] production [of certain items of evidence] on the grounds of privilege but not to the Tribunal's seeing the documents and ruling on the plea of privilege. The complainant being in agreement with that course of action, the Tribunal has ordered the Organization to disclose to it the notes and correspondence. Having read the documents disclosed, the Tribunal upholds the plea of privilege."

Keywords

complainant; tribunal; appraisal of evidence; confidential evidence; disclosure of evidence; request by a party

Considerations 6 and 7

Extract:

The complainant wants the Tribunal to set aside two reports which describe his work as unsatisfactory as well as decisions to suspend his salary step increase and not to extend his appointment. He alleges bad faith and abuse of authority on the part of the administration. There is conflicting evidence. "A complainant must discharge the burden of proof and satisfy an internal appeal body or the Tribunal that the balance of probability is that his allegations of fact are true. [...] The Tribunal has [...] considered all the evidence, including a transcript of a recording the complainant secretly made of a conversation with his supervisor. It finds that he has not discharged the burden of proving his allegations".

Keywords

complainant; evidence; recording; appraisal of evidence; burden of proof; lack of evidence; good faith; increment withheld; performance report; contract; fixed-term; non-renewal of contract; unsatisfactory service; conduct; misuse of authority

Consideration 8

Extract:

"The reason why the complainant was given an unsatisfactory rating for conduct was that, as he does not deny, he had disclosed his superior's 'day'. That was a clear breach of Regulation 1.7", which bars officials from communicating information known to them by reason of their official position which has not been made public.

Reference(s)

Organization rules reference: WIPO STAFF REGULATION 1.7

Keywords

confidential evidence; communication to third party; staff member's duties; conduct; duty of discretion

Consideration 8

Extract:

"The Tribunal has only a limited power of review in the matter of performance reports. It will not interfere unless the decision impugned has been based on a mistake of fact or of law [etc]".

Keywords

performance report; judicial review; discretion

Consideration 10

Extract:

"The decision [...] to suspend his advancement in step was based on the unsatisfactory performance reports. It was a sanction which the Director General was entitled to impose, after consulting the Joint Advisory Committee, in the light of those reports and in accordance with Rule 10.1.1(a)(3)."

Reference(s)

Organization rules reference: WIPO STAFF RULE 10.1.1(A)(3)

Keywords

increment withheld; performance report; unsatisfactory service

Consideration 11

Extract:

"The Director General decided [...] not to allow his request for a permanent appointment on the grounds that he failed to meet the condition of seven years' satisfactory service. The complainant therefore has no right to any further extension".

Keywords

contract; fixed-term; permanent; non-renewal of contract; unsatisfactory service; condition; refusal



 
Last updated: 07.11.2018 ^ top