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Judgment No. 3225

Decision

1. The impugned decision is set aside.
2. WIPO shall examine the complainant's rights as indicated in the judgment, under 9.
3. It shall pay the complainant compensation in the amount of 3,000 euros for moral injury.
4. It shall also pay her 3,000 euros in costs.
5. All other claims are dismissed.

Summary

The complainant successfully asks for her short-term contracts to be converted into fixed-term contracts.

Consideration 5

Extract:

"The complaint form was filed within the time limit specified in Article VII, paragraph 2, of the Statute of the Tribunal, albeit without the brief and supporting evidence which, according to Article 6, paragraph 1(b) and (c), of the Rules of the Tribunal, had to be appended to it. Contrary to [the defendant]s submissions, this does not signify that the complaint was submitted out of time, since paragraph 2 of the above-mentioned article affords the complainant the possibility of correcting a complaint that does not meet the requirements of the Rules. In the instant case, the complaint was corrected on 30 March 2011, within the time limit set by the Registrar of the Tribunal."

Reference(s)

ILOAT reference: Article VII, paragraph 2, of the Statute of the Tribunal; Article 6, paragraph 1(b) and (c), of the Rules of the Tribunal

Keywords

complaint; complaint allowed in part; formal requirements; time limit; correction of complaint; time bar; iloat statute; date



 
Last updated: 26.08.2015 ^ top