Judgment No. 3946
1. WIPO shall pay the complainant moral damages in the amount of 5,000 Swiss francs.
2. All other claims are dismissed.
The complainant contests the amounts she was awarded for the delay in processing her request for compensation for service-incurred illness.
complaint allowed; failure to answer claim; delay
In Judgment 3089, at consideration 7, the Tribunal explained when a staff member may engage the internal appeal process on the basis of an implied decision. [...] " [...] An implied decision occurs only when a person who has submitted a claim is entitled to treat delay, inactivity or some other failure as constituting a decision to reject his or her claim and elects to do so. As there was no election by the complainant during the period in question, there was no implied decision at that time."
ILOAT Judgment(s): 3089
implied rejection of internal appeal
Regarding the claim for additional moral damages for delay, it is observed that the confusion and misunderstanding surrounding the processing of the complainant’s claim and the delay this occasioned is attributable in large measure to WIPO’s failure to follow the required procedure in Article 12.2 of the insurer’s policy for which the complainant is entitled to additional moral damages in the amount of 5,000 Swiss francs.
moral injury; delay
A claim for compensation for “actual and consequential” injuries is an entirely different claim that extends an organisation’s liability beyond its liability under a no-fault regime. As the Tribunal has consistently held, establishing such a claim requires proof of negligence on the part of the organization or the intentional breach of a duty (see Judgment 2843, consideration 3).
ILOAT Judgment(s): 2843
injury; liability; negligence