Judgment No. 4244
1. The Director General’s decision of 9 February 2016 and the decision of the Director of the Human Resources Management Department of 19 November 2014 are set aside.
2. WIPO shall proceed as set out in consideration 6 of the judgment.
3. WIPO shall pay the complainant 5,000 Swiss francs in costs.
4. All other claims are dismissed.
The complainant contests the decision to relegate her by two salary steps.
complaint allowed; decision quashed; disciplinary measure
Regarding the severity of the sanction, the Tribunal’s case law has it that “[t]he disciplinary authority within an international organisation has a discretion to choose the disciplinary measure imposed on an official for misconduct. However, its decision must always respect the principle of proportionality which applies in this area” (see, for example, Judgments 3971, consideration 17, 3953, consideration 14, 3944, consideration 12, and 3640, consideration 29).
Jugement(s) TAOIT: 3640, 3944, 3953, 3971
proportionality; disciplinary measure
The complainant asks the Tribunal to make a number of declarations of law. According to the Tribunal’s established case law, such claims are irreceivable (see Judgments 3876, consideration 2, 3764, consideration 3, 3640, consideration 3, and 3618, consideration 9).
Jugement(s) TAOIT: 3618, 3640, 3764, 3876
declaration of law