Judgment No. 3747
Decision
1. WIPO shall pay the complainant moral damages in the amount of 20,000 Swiss francs.
2. WIPO shall also pay him costs in the amount of 5,000 Swiss francs.
3. All other claims are dismissed.
Summary
The complainant challenges the decision not to select him for a post.
Judgment keywords
Keywords
complaint allowed; selection procedure
Consideration 3
Extract:
The Tribunal concludes that the complainant’s claims are not moot insofar as the Director General, who did not follow the Appeal Board’s recommendations, decided not to annul the competition, and to award the complainant […] moral damages. This is because these aspects of the Director General’s decision […] would not have been affected by the outcome of the revised report […] and the Director General’s decision following his receipt of that report.
Keywords
claim moot
Consideration 4
Extract:
The Director General stated that he disagreed with the Appeal Board’s finding that the second vacancy announcement [… should be considered invalid since the Administration had failed to withdraw vacancy announcement […] beforehand. The Director General did not provide adequate reasons for his disagreement with the Appeal Board in this respect, as he limited himself to explaining that “[he] consider[ed] [the Appeal Board’s view] to be particularly formalistic given that no injury was caused [to the complainant] as a result”. First, his reference to the formalistic nature of the Appeal Board’s view is unconvincing, as the law is, by its very nature, formalistic. Second, his statement that the failure to cancel vacancy announcement […] did not cause any injury to the complainant is questionable as the Director General did not expressly consider the complainant’s allegations that his chances to succeed had been reduced.
Keywords
selection procedure; motivation
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