Judgment No. 2931

• Organization: World Intellectual Property Organization (WIPO)
• Date: 08.07.2010
• Original: English
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

1. To the extent that the decision of 17 June 2008 did not take account of the delay in the classification exercise, that decision is set aside.
2. WIPO shall pay the complainant an amount equivalent to the difference between the salary and benefits to which she would have been entitled had her promotion become effective on 1 March 2006 and the salary and benefits which she received up to 1 October 2007, together with interest thereon at 8 per cent per annum.
3. WIPO shall pay the complainant compensation in the amount of 15,000 Swiss francs and moral damages in the amount of 5,000 francs.
4. It shall also pay her costs in the amount of 3,000 francs.
5. All other claims are dismissed.

Consideration 11

Extract:

"[I]t was an affront to her dignity and a breach of the principle of equal pay for work of equal value to expect the complainant to work at a post that was graded below the level of the duties actually being performed. For this, she is entitled to moral damages [...]."

Keywords

moral injury; equal treatment; respect for dignity; post classification; grade; post description; post; compensation