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Judgment No. 2829

Decision

1. The impugned decision is set aside.
2. WIPO shall pay the complainant 3,000 Swiss francs in compensation for the moral injury which he suffered owing to the fact that the merits of his internal appeal were not examined.
3. It shall likewise pay him 10,000 francs in compensation for the moral injury which he suffered owing to the excessive duration of his suspension.
4. It shall also pay the complainant costs in the amount of 3,000 francs.

Considerations 3 and 5

Extract:

The complainant filed an appeal with the WIPO Appeal Board challenging the decision to suspend him from duty. The Board held that the appeal was irreceivable pursuant to the res judicata rule, inasmuch as it had already issued an opinion on the measure of suspension and no new administrative decision had been taken on this matter. The Director General also deemed the appeal irreceivable pursuant to the res judicata rule.
The Tribunal considers that "[t]he res judicata rule applies to decisions of judicial bodies, but not to opinions or recommendations issued by administrative bodies. The Director General was therefore obviously wrong to cite this rule as the basis for declaring the internal appeal irreceivable on the grounds that the Appeal Board had already given an opinion on the suspension and that no new administrative decision had been taken on this matter."
[...]
"The Organization shall pay the complainant 3,000 Swiss francs in compensation for the moral injury which he suffered owing to the fact that the merits of his internal appeal were not examined."

Keywords

complaint allowed; grounds; moral injury; receivability of the complaint; internal appeals body; internal appeal; recommendation; res judicata; judgment of the tribunal; general principle; allowance; suspension; executive head; advisory opinion; compensation



 
Last updated: 15.09.2017 ^ top