Judgment No. 3502
Decision
The complaints are dismissed.
Summary
The complainant impugns the Director General's decision to partially adopt the Appeal Board's recommendations on his appeal against his temporary suspension.
Judgment keywords
Keywords
joinder; misconduct; suspension; organisation's interest; complaint dismissed
Consideration 12
Extract:
"With regard to the claim in relation to the lifting of [the complainant's] diplomatic immunity, the Tribunal notes that while it is not competent to quash the decision itself, case law holds that it does have the power to review the circumstances in which the decision was taken (see Judgment 2302, under 7, and the case law cited therein)."
Reference(s)
ILOAT Judgment(s): 2302
Keywords
diplomatic immunity
Consideration 12
Extract:
"The complainant’s claim for costs related to his defence in the criminal proceedings is irreceivable as those proceedings are not within the Tribunal’s jurisdiction."
Keywords
no award of costs
Consideration 16
Extract:
"The Tribunal holds that, as the decision to temporarily suspend the complainant with full pay in accordance with Staff Rule 10.1.2 was part of a preliminary, fact-finding investigation into allegations of serious misconduct, in order not to prejudice the investigation, it was not unlawful for WIPO to only give the complainant information regarding the specific Rules that he was alleged to have infringed, without specifying at that time the exact details of the allegations (names, dates, etc.)."
Keywords
inquiry; investigation
Consideration 17
Extract:
"The quality of the evidence must necessarily be more stringent in a disciplinary proceeding than in a preliminary investigation."
Keywords
inquiry; investigation
Consideration 17
Extract:
"The Tribunal notes that the suspension was not a sanction; it was an urgent cautionary interim measure (see, for example, Judgment 3037, under 9)."
Reference(s)
ILOAT Judgment(s): 3037
Keywords
suspension
Consideration 20
Extract:
"As the Tribunal finds the suspension decision was lawful, any humiliation stemming from the suspension is not, in this case, compensable by way of an award of moral damages, given that the humiliation he suffered was a necessary and direct consequence of the suspension itself."
Keywords
moral injury
Consideration 22
Extract:
"[T]he Tribunal observes that the complainant’s submissions in his internal appeals and in his first complaint were unnecessarily offensive towards WIPO and were unnecessarily lengthy, with large portions devoted to irrelevant attacks on WIPO and its staff members. It should be noted that the complainant owes a duty of respect to WIPO and to its staff which, by the intemperate language of his submissions, has not been fulfilled (see Judgment 1531, under 15)."
Reference(s)
ILOAT Judgment(s): 1531
Keywords
respect for dignity
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