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Judgment No. 2915

Decision

1. The decision of 5 September 2008 in relation to the complainant's second internal appeal is set aside to the extent that it made no provision for moral damages.
2. In relation to the second complaint, WIPO shall pay the complainant moral damages in the amount of 500 Swiss francs.
3. The second complaint is otherwise dismissed.
4. The first complaint is dismissed in its entirety.
5. The third complaint is dismissed as irreceivable.

Consideration 6

Extract:

"It is correct that a vested right cannot be divested without the consent of the person to whom it belongs. However, it does not follow that a corresponding condition or obligation - in this case, the condition or obligation to retire at 60 - depends on continuing consent. A condition once accepted or an obligation once entered [...] endures unless and until it is performed or the person is released from it either absolutely or by substitution of a different and mutually agreed condition or obligation."

Keywords

complaint allowed; complaint allowed in part; complainant; terms of appointment; successive contracts; lack of consent; condition; effect

Consideration 14

Extract:

"The fact that the Director General did not sign the letter [informing the complainant that her request was denied] does not mean that he did not take the relevant decision. The signing of the letter by the Director of [the Human Resources Management Department] is consistent with normal personnel practice. Moreover, the presumption of regularity applies in the absence of cogent evidence to the contrary."

Keywords

complaint allowed; complaint allowed in part; formal requirements; competence; vested competence; evidence; practice; staff regulations and rules; executive head



 
Last updated: 30.08.2010 ^ top