Judgment No. 2880
Decision
1. The application for the execution of Judgment 2706 is granted.
2. Within sixty days of the delivery of this judgment, the Promotion Advisory Board shall consider the complainant's application for promotion and the Director General shall take a decision on the matter, in accordance with considerations 8 to 11.
3. WIPO shall pay the complainant moral damages in the amount of 15,000 Swiss francs.
4. It shall also pay her 5,000 francs in costs.
5. All other claims are dismissed.
Consideration 9
Extract:
Application for execution of Judgment 2706 - In Judgment 2706 the Tribunal ordered the Organization inter alia to review the classification of the complainant's post and, if appropriate, to promote her. As a result of the imposition of disciplinary sanctions, including relegation and a ban on promotion for a consecutive period of three years, the complainant was not promoted. The Tribunal granted the application for execution and ordered that the application for promotion be properly considered.
"The Tribunal [...] wishes to clarify [...] the meaning of the phrase "le cas échéant" in the authoritative French text of its orders in Judgment 2706. Having regard to the context in which it is used and the instructions given by the Tribunal in Judgment 2706, under 15, it is clear that the order means that "if the required conditions are met" or "in such a case" the complainant is to be promoted. That is, the Director General is to base his decision on relevant materials, namely the proposals of the Classification Committee and the Promotion Advisory Board."
Reference(s)
ILOAT Judgment(s): 2706
Keywords
application for execution; order; organisation's duties
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