Judgment No. 1362
Decision
1. THE ORGANIZATION SHALL, WITHIN THIRTY DAYS OF THE DATE OF DELIVERY OF THIS JUDGMENT, TAKE THE DECISION ORDERED UNDER POINT 2 OF THE RULING IN JUDGMENT 1328.
2. IF IT FAILS TO DO SO WITHIN THE THIRTY DAYS IT SHALL PAY THE COMPLAINANT THE SUM OF 10,000 SWISS FRANCS BY WAY OF PENALTY FOR EACH FURTHER MONTH OF DELAY.
3. IT SHALL PAY HIM COMPOUND INTEREST RECKONED AS FROM 31 JANUARY 1994 AT THE RATE OF 10 PER CENT A YEAR ON THE AWARD OF COSTS IN JUDGMENT 1328.
4. IT SHALL PAY HIM A FURTHER SUM OF 10,000 FRENCH FRANCS IN COSTS FOR THIS COMPLAINT.
5. HIS OTHER CLAIMS ARE DISMISSED.
Consideration 6
Extract:
"[S]ince the dispute arose out of the decision not to renew [the complainant's] two-year appointment, the organization is right as a matter of principle to refuse his claim to damages for loss of a full career. The two consecutive awards of one year's salary afford sufficient redress to someone who had a rightful expectation of renewal for no more than two years. His claims under this head fail."
Keywords
application for execution; injury; amount; career; legitimate expectation; contract; fixed-term; non-renewal of contract; compensation
Consideration 9
Extract:
"The constant thrust of the three earlier judgments was to secure from the organization [...] discharge of its obligation to communicate to [the complainant] a proper decision. He might then impugn that decision if it was not to his liking, and the Tribunal might if need be review the reasons for it, which is something it has not yet been able to do. The complainant is entitled to such decision as a matter of course, without having to ask for it and without delay. That obligation WIPO has stubbornly ignored, it is in breach of the rule of law in the international civil service, and that is not to be brooked."
Keywords
application for execution; express decision; right of appeal; judgment of the tribunal; execution of judgment; international civil service principles; organisation's duties; continuing breach; judicial review
Consideration 10
Extract:
"[T]he Tribunal must rule yet again on WIPO's refusal to discharge the obligation to decide on reinstatement. As it has stated more than once, its judgments are to be given immediate effect. In the regrettable event that the Organization continues to disregard that rule and fails to act within 30 days of the date of delivery of this judgment, it must pay the complainant 10,000 swiss francs by way of penalty for each further month of delay."
Keywords
application for execution; decision; res judicata; time limit; delay; judgment of the tribunal; amount; execution of judgment; general principle; organisation's duties; continuing breach; reinstatement; refusal; penalty for delay
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