Judgment No. 1179

• Organization: World Intellectual Property Organization (WIPO)
• Date: 15.07.1992
• Original: English
• Judges: Ducoux, Ruda, Douglas
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 4

Extract:

The complainant wishes to have three allegedly damaging memoranda removed from his personal file. "There is no reason to have them struck from his [...] file. First, they merely bear witness to his attitude at a particular time, and he had an opportunity of discussing them with the authors and to question what they said: there was therefore no breach of his right to a hearing. Secondly, and above all, they afforded the basis for the reservation about his conduct in his periodical report and were essential to an understanding of the context in which the report was written."

Keywords

personal file; right to reply; performance report; conduct

Consideration 5

Extract:

"Transfer is at the discretion of the Director General [...]. The complainant wants the Tribunal to order the organization to consider his application for transfer to a suitable post. That is not the sort of claim the Tribunal is competent to grant, and it is therefore irreceivable."

Keywords

competence of tribunal; request for transfer; discretion