Judgment No. 3503
Decision
1. The decision of 3 December 2012 is set aside.
2. The case is remitted to WIPO for action as indicated under 9.
3. WIPO shall pay the complainant moral damages in the amount of 3,000 euros.
4. It shall also pay her costs in the amount of 2,000 euros.
5. All other claims are dismissed.
Summary
The complainant contests the lawfulness of the appointment of two staff members to grade G-6 posts.
Judgment keywords
Keywords
complaint allowed; right of appeal; decision quashed; case sent back to organisation; vacancy; appointment
Considerations 7-9
Extract:
[I]t should be recalled that, for a letter addressed to an organization to constitute an appeal, it is sufficient that the person concerned clearly expresses therein his or her intention to contest the decision adversely affecting her or him and that the request thus formulated can be granted in some meaningful way (see Judgments 3068, under 16, and 3127, under 8, and the case law cited therein).
Whileit is true that the applicable provisions in this case required that the request for review be substantited, the complainant, who clearly indicated the grounds for her challenge, did in fact meet that obligation.
The foregoing considerations lead the Tribunal to find that the impugned decision was unlawful and to note that the complainant has, in this case, been unlawfully denied the benefit of her right to an internal appeal, a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority (on this point, see for example Judgments 2781, under 15, and 3068, under 20).
The Tribunal will therefore remit the case to WIPO in order that the Director General take a decision on the merits of the complainant's request for review pursuant to Staff Rule 11.1.1.
Reference(s)
ILOAT Judgment(s): 2781, 3068, 3068, 3127
Keywords
internal appeal; case sent back to organisation
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