Judgment No. 2882
Decision
1. The impugned decision is quashed and the case is referred back to WIPO.
2. The Organization shall pay the complainant costs in the amount of 5,000 Swiss francs.
Consideration 6
Extract:
"Although rules of procedure must be strictly complied with, they must not be construed too pedantically or set traps for staff members who are defending their rights. If these staff members break such a rule, the penalty must fit the purpose of the rule. Consequently, a staff member who appeals to the wrong body does not on that account forfeit the right of appeal (see Judgments 1734, under 3, and 1832, under 6). [...] The fact that an appeal is mistakenly submitted directly to the Appeal Board, as occurred in this case, cannot entail the irreceivability of the appeal. The Appeal Board has a duty to forward to the Director General any document which is intended for his attention and which has been sent to it in error, in order that it may be treated as a request for review."
Reference(s)
Jugement(s) TAOIT: 1734, 1832
Keywords
receivability of the complaint; formal requirements; internal appeals body; internal appeal; right of appeal; due process; good faith; organisation's duties; proportionality; written rule; breach; interpretation; staff member's duties; executive head; purpose
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