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Judgment No. 3119

Decision

1. The impugned decision is set aside.
2. The complainant shall be reinstated in his post with all the legal consequences that this entails, as indicated under 8.
3. WIPO shall pay him an indemnity of 10,000 Swiss francs in compensation for the injury suffered under all heads.
4. It shall also pay him 8,000 francs for costs.
5. All other claims are dismissed.

Consideration 5

Extract:

"Where the staff regulations of an international organisation do not enable former staff members to avail themselves of the internal means of redress, the organisation cannot legally decide to terminate an appointment without giving the person concerned sufficient time to lodge an internal appeal, otherwise he would be deprived of his right to such an appeal."

Keywords

complaint allowed; complaint allowed in part; status of complainant; internal appeal; internal remedies exhausted; right of appeal; reasonable time; organisation's duties; staff regulations and rules; termination of employment; condition



 
Dernière mise à jour: 03.09.2014 ^ haut