Judgment No. 3419
Decision
1. The impugned decision is set aside to the extent that it relates to the quantum of compensation awarded for moral injury and costs in the internal proceedings.
2. WIPO shall pay the complainant 1,500 Swiss francs in compensation for moral injury.
3. It shall pay him costs in the internal appeal proceedings charged at eight hours.
4. It shall also pay him 3,000 Swiss francs in costs for the present proceedings.
5. All other claims are dismissed.
Summary
The Tribunal found that the complainant was entitled to moral damages for identified errors of the Administration.
Judgment keywords
Keywords
complaint allowed; decision quashed; vacancy
Consideration 5
Extract:
In his request for oral proceedings, the complainant wishes his representative to make oral arguments to support his complaint and to question witnesses. However, he named no witnesses, but states that he reserves the right to name specified witnesses later depending on the Administration’s reply. By the close of the pleadings he had named no witnesses. Neither did WIPO name any witnesses. The Tribunal will not therefore order oral proceedings.
Keywords
oral proceedings
Consideration 6
Extract:
The Tribunal finds that it is unnecessary to order the disclosure of documents that the complainant requested. In the first place, the request has been overtaken insofar as it relates to documents that concern the challenge to the selection of Mr G. for the post and for the matters related to the complainant’s direct appointment. This follows from the finding that those aspects of the complaint are moot. Both parties have supported their submissions on moral damages, costs and interest by extensive and complete submissions and such documents that are necessary to elucidate these issues, which turn primarily on legal principles. In any event, the request for disclosure is quite wide and is of a general nature. It is based on the speculation that something might be found in the documents to further the complainant’s case. The Tribunal has consistently held that it will not order the production of documents on that basis (see, for example, Judgment 2497, under 14 and 15). Accordingly, the Tribunal also rejects the requests for the production of documents.
Reference(s)
Jugement(s) TAOIT: 2497
Keywords
disclosure of evidence
Consideration 7
Extract:
To the extent that the complainant seeks compensation in excess of the 50,000 Swiss francs requested in the internal appeal, it will not be considered in the absence of any justification for the increase.
Keywords
moral injury; formal demand for payment
Consideration 8
Extract:
The complainant also claims exemplary damages, in addition to compensation for moral damages, on the ground that he suffered malice, bias and harassment by the Administration. The Tribunal considers this claim to be unsustainable as the complainant has provided no evidence or analysis to demonstrate that there was bias, ill will, malice, bad faith or other improper purpose on which to base an award of exemplary damages (see, for example, Judgments 3092, under 16, and 3286, under 27).
Reference(s)
Jugement(s) TAOIT: 3092, 3286
Keywords
exemplary damages
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