Judgment No. 2830
1. The decision of 22 October 2007 confirming the termination of the complainant's appointment is set aside.
2. WIPO shall proceed as indicated under 10.
3. It shall pay the complainant 12,000 Swiss francs in compensation under all heads.
4. It shall also pay him costs in the amount of 5,000 francs.
The complainant's appointment was terminated following a reorganisation.
"The Tribunal finds that the Organization has not shown that it actually did its utmost to find a post matching the complainant's qualifications. Furthermore, before simply terminating his appointment, the Organization ought to have ascertained whether he was prepared to accept a post at a lower grade to that which he had previously held (see Judgment 1782, under 11). It was not up to the complainant to prove that he was able to remain in the Organization's service in some capacity; it was up to the Organization to prove the contrary."
ILOAT Judgment(s): 1782
burden of proof; lack of evidence; organisation's duties; grade; post; qualifications; reassignment; reorganisation; termination of employment; condition