Judgment No. 2288
Decision
1. The implicit decision by the Director General confirming the decision of 21 August 2002 is set aside.
2. The case is sent back to the Organization for the Director General to take a new decision in accordance with consideration 8.
3. WIPO shall pay the complainant compensation as set out under 8.
4. It shall pay him 2,000 Swiss francs in costs.
5. All other claims are dismissed.
6. The Organization's counterclaim is dismissed.
Consideration 5
Extract:
"[T]he fact that the complainant had only a few hours [...] to defend his case [...] constitutes [in itself] a breach of due process".
Keywords
time limit; general principle; adversarial proceedings; organisation's duties; misconduct; disciplinary procedure; right
Consideration 6
Extract:
"The Tribunal considers that the safeguard available to international civil servants in the form of the mandatory consultation of an advisory body prior to any disciplinary measure cannot legally speaking be said to be complied with unless that body has held an official meeting, the matter has been discussed among the members and minutes of the meeting have been concomitantly drawn up. In the present case, the complainant was denied an essential safeguard owing to the individual consultation of the Joint Advisory Committee members by the Director of [the Human Resources Management Department] and the disregard for the procedure established in the Staff Rules."
Keywords
formal requirements; advisory body; report; general principle; organisation's duties; staff regulations and rules; misconduct; disciplinary measure; disciplinary procedure; consultation; condition; safeguard; official
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