Judgment No. 1143
Decision
1. THE DECISION OF 9 OCTOBER 1990 IS QUASHED.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT THE EQUIVALENT OF HER SALARY AND ALLOWANCES AS FROM 1 NOVEMBER 1990 UP TO THE DATE AT WHICH THE DIRECTOR GENERAL TAKES A NEW DECISION WHETHER OR NOT TO EXTEND HER APPOINTMENT.
3. THE ORGANIZATION SHALL PAY THE COMPLAINANT 3,000 SWISS FRANCS IN COSTS.
Consideration 3
Extract:
"Regulation 9.8 confers on the Director General discretion to extend the age limit in individual cases if he considers that to be in the organization's interests. The determination of what the organization's interests are being peculiarly within the Director General's discretion, the Tribunal has a limited power of review and will interfere with his decision only if it was taken without authority or [...]."
Reference(s)
Organization rules reference: WIPO STAFF REGULATION 9.8
Keywords
exception; retirement; age limit; judicial review; discretion; organisation's interest; extension beyond retirement age
Considerations 5-6
Extract:
The complainant applied for extension of the age limit on the grounds that without it her pension would be paltry and that her continued service would be in the organization's interest. The Director General rejected her request, relying on Judgment 358 [...], which he said precluded his acting in the exclusive interests of the staff member, and on the fact that Staff Regulation 9.8 prevented him from making an exception to the age-limit rule to take account of an official's financial situation. The Tribunal holds that "in stating his decision in those terms the Director General mistook the scope of his discretion and the ratio of Judgment 358: he may not refuse to exercise his discretion just because he is being asked to take a staff member's financial situation into account." Moreover, her performance reports were good. "The Director General erred in law because his decision was not in accordance with Regulation 9.8(a). He could have taken into account the complainant's financial situation provided that that was not the exclusive factor and that the interests of the Organization were also taken into account."
Reference(s)
Organization rules reference: WIPO STAFF REGULATION 9.8
Jugement(s) TAOIT: 358
Keywords
exception; retirement; age limit; pension; organisation's interest
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