Judgment No. 546

• Organization: World Intellectual Property Organization (WIPO)
• Date: 30.03.1983
• Original: Français
• Judges: Ducoux, Devlin, Grisel
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. THE PENSION FUND OF WIPO SHALL PAY THE COMPLAINANT SEPARATION BENEFIT AT THE RATE PREVAILING WHEN WIPO TERMINATED HIS APPOINTMENT (ARTICLE 12(3) OF THE RULES OF THE PENSION FUND WHICH CAME INTO FORCE ON 1 JANUARY 1975). THE AMOUNT SHALL BEAR INTEREST AT THE RATE OF 5 PER CENT A YEAR FROM 19 MAY 1982, THE DATE ON WHICH THE COMPLAINT WAS FILED.
2. WIPO SHALL PAY THE COMPLAINANT 1,000 SWISS FRANCS AS COSTS.
3. HIS OTHER CLAIMS ARE DISMISSED.

Considerations 5-6

Extract:

It was agreed that the complainant's contractual relations would cease. The agreement was closer to dismissal than to resignation, the only two possibilities under the material rules. The organisation has no discretion in the matter and could not decide what it thought was equitable. The complainant is entitled to payment of separation benefit at the prescribed dismissal rate and to interest at 5 per cent from the date on which the complaint was filed and costs.

Keywords

applicable law; no provision; termination of employment; agreed termination; pension; withdrawal settlement