Judgment No. 3037
Decision
1. The decision of the Director General of 6 July 2009 is set aside.
2. WIPO shall pay the complainant compensation in the amount of 15,000 United States dollars to redress the injury suffered.
3. It shall also pay him 5,000 dollars in costs.
4. All other claims are dismissed.
Consideration 11
Extract:
"The Tribunal recalls the principle that the lawfulness of a measure must be appraised as at the date of its adoption. In consequence thereof all subsequent facts are irrelevant (see Judgment 2365, under 4(c))."
Reference(s)
Jugement(s) TAOIT: 2365
Keywords
decision; subsequent fact; general principle; judicial review; date
Consideration 9
Extract:
"According to the Tribunal’s case law, suspension is an interim measure which need not necessarily be followed by a substantive decision to impose a disciplinary sanction (see Judgments 1927, under 5, and 2365, under 4(a)). Nevertheless, since it imposes a constraint on the staff member, suspension must be legally founded, justified by the requirements of the organisation and in accordance with the principle of proportionality. A measure of suspension will not be ordered except in cases of serious misconduct. Such a decision lies at the discretion of the Director General. It can therefore be reviewed by the Tribunal only on limited grounds and will be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was based on an error of fact or of law, or overlooked some essential fact, or was tainted with abuse of authority, or if a clearly mistaken conclusion was drawn from the evidence (see Judgment 2698, under 9, and the case law cited therein)."
Reference(s)
Jugement(s) TAOIT: 1927, 2365, 2698
Keywords
suspension
|
