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Judgment No. 3502

Decision

The complaints are dismissed.

Summary

The complainant impugns the Director General's decision to partially adopt the Appeal Board's recommendations on his appeal against his temporary suspension.

Judgment keywords

Keywords

joinder; misconduct; suspension; organisation's interest

Consideration 12

Extract:

"With regard to the claim in relation to the lifting of [the complainant's] diplomatic immunity, the Tribunal notes that while it is not competent to quash the decision itself, case law holds that it does have the power to review the circumstances in which the decision was taken (see Judgment 2302, under 7, and the case law cited therein)."

Reference(s)

ILOAT Judgment(s): 2302

Keywords

diplomatic immunity

Consideration 12

Extract:

"The complainantís claim for costs related to his defence in the criminal proceedings is irreceivable as those proceedings are not within the Tribunalís jurisdiction."

Keywords

no award of costs

Consideration 16

Extract:

"The Tribunal holds that, as the decision to temporarily suspend the complainant with full pay in accordance with Staff Rule 10.1.2 was part of a preliminary, fact-finding investigation into allegations of serious misconduct, in order not to prejudice the investigation, it was not unlawful for WIPO to only give the complainant information regarding the specific Rules that he was alleged to have infringed, without specifying at that time the exact details of the allegations (names, dates, etc.)."

Keywords

inquiry

Consideration 17

Extract:

"The quality of the evidence must necessarily be more stringent in a disciplinary proceeding than in a preliminary investigation."

Keywords

inquiry

Consideration 17

Extract:

"The Tribunal notes that the suspension was not a sanction; it was an urgent cautionary interim measure (see, for example, Judgment 3037, under 9)."

Reference(s)

ILOAT Judgment(s): 3037

Keywords

suspension

Consideration 20

Extract:

"As the Tribunal finds the suspension decision was lawful, any humiliation stemming from the suspension is not, in this case, compensable by way of an award of moral damages, given that the humiliation he suffered was a necessary and direct consequence of the suspension itself."

Keywords

moral injury; moral damages

Consideration 22

Extract:

"[T]he Tribunal observes that the complainantís submissions in his internal appeals and in his first complaint were unnecessarily offensive towards WIPO and were unnecessarily lengthy, with large portions devoted to irrelevant attacks on WIPO and its staff members. It should be noted that the complainant owes a duty of respect to WIPO and to its staff which, by the intemperate language of his submissions, has not been fulfilled (see Judgment 1531, under 15)."

Reference(s)

ILOAT Judgment(s): 1531

Keywords

respect for dignity



 
Last updated: 27.03.2017 ^ top