Judgment No. 3499

• Organization: World Intellectual Property Organization (WIPO)
• Date: 30.06.2015
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaints are dismissed.

Summary

The complainants challenge the rejection of their appeal against the creation of the Ethics Office and the decision to transfer another staff member to the position of Chief Ethics Officer.

Judgment keywords

Keywords

joinder; transfer; failure to exhaust internal remedies; complaint dismissed

Consideration 4

Extract:

"WIPO [...] challenges the receivability of the entire complaints on the basis that while the complaint forms were filed within the 90-day time limit prescribed by Article VII of the Tribunal’s Statute, the brief setting out the grounds, relief and argument was not filed within the specified time and it was not permissible to allow the complainants the opportunity to “correct” the complaints by filing documentation (effectively the brief) well after the 90-day time limit had expired. This argument has been repeatedly rejected by the Tribunal and is rejected in this matter (see, for example, Judgments 3419, under 1, 3421, under 2, and 3425, under 2)."

Reference(s)

ILOAT Judgment(s): 3419, 3421, 3425

Keywords

correction of complaint

Consideration 6

Extract:

"[T]he complainants seek the production of documents. However they do so in the most general terms which are tantamount to a fishing expedition (see, for example, Judgments 2510, under 7, 2142, under 17)."

Reference(s)

ILOAT Judgment(s): 2142, 2510

Keywords

disclosure of evidence; fishing expedition