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Judgment No. 4157

Decision

1. The WIPO Director Generalís decision of 29 January 2016 is set aside to the extent that it changed the direct supervisorís assessment relating to objective 5 and limited the amount of compensation awarded to the complainant to 2,000 Swiss francs.
2. The Organization shall pay the complainant moral damages as set out in consideration 9 of the judgment.
3. It shall also pay her 5,000 euros in costs.
4. All other claims are dismissed.

Summary

The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2013 was irregular and contests the partial modification thereof.

Judgment keywords

Keywords

moral injury; performance evaluation

Consideration 5

Extract:

In the context of an appeal against the reviewing officerís unfavourable evaluation, the Director General was not entitled to change the direct supervisorís assessment relating to a point which was favourable to the complainant and which was not challenged by her, nor a fortiori to amend the evaluation report itself by replacing the supervisorís assessment with his own, without indicating that the new assessment was not the one initially made.

Keywords

performance evaluation

Consideration 7

Extract:

With regard to damages, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6).
The mere fact that a decision was initially flawed does not suffice to warrant awarding damages for moral injury. In the present case, the flaw was corrected on the recommendation of the Appeal Board. To be entitled to moral damages, an official must show that she or he has suffered more severe injury than that which an improper decision ordinarily causes (see Judgment 1380, consideration 11).

Reference(s)

ILOAT Judgment(s): 1380, 1942, 2471, 3778

Keywords

moral injury; burden of proof

Consideration 11

Extract:

Even though the compensation awarded by the Director General was insufficient, the latterís decision is not such as to cause additional moral injury in the complainantís case.

Keywords

moral injury; final decision

Consideration 13

Extract:

Reference must be made to the Tribunalís consistent precedent that ďthe principle of equal treatment requires, on the one hand, that officials in identical or similar situations be subject to the same rules and, on the other, that officials in dissimilar situations be governed by different rules defined so as to take account of this dissimilarity (see, for example, Judgments 1990, under 7, 2194, under 6(a), 2313, under 5, or 3029, under 14)Ē (see Judgments 3787, under 3, and 3902, under 5).

Reference(s)

ILOAT Judgment(s): 1990, 2194, 2313, 3029, 3787, 3902

Keywords

unequal treatment

Consideration 13

Extract:

As regards costs relating to the internal appeal, [...] the Tribunal notes that there is no rule which obliges the Organization to defray legal costs incurred in the context of internal appeal proceedings. In these circumstances, it was open to the Director General to refuse to reimburse them (see Judgments 2996, consideration 23, and 221, consideration 7).

Reference(s)

ILOAT Judgment(s): 221, 2996

Keywords

internal appeal; costs

Consideration 14

Extract:

[T]he Tribunal considers that there are no grounds for awarding costs in respect of the internal appeal proceedings, since such costs may only be awarded under exceptional circumstances, which do not exist in the present case.

Keywords

internal appeal; costs



 
Last updated: 05.08.2019 ^ top