Judgment No. 4287

• Organization: World Intellectual Property Organization (WIPO)
• Date: 24.07.2020
• Original: English
• Judges: Frydman, Barbagallo, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed, as is the counterclaim for costs.

Summary

The complainant contests the decision lifting his non-disciplinary suspension from duties.

Judgment keywords

Keywords

cause of action; suspension; complaint dismissed

Consideration 5

Extract:

The decision to lift the complainant’s suspension (as opposed to the decision to suspend him) did not involve non-observance of any Staff Regulation or the terms of his appointment. Indeed it was a decision which was beneficial to him and, in that respect, he has no cause of action to contest it.

Keywords

cause of action; impugned decision

Consideration 6

Extract:

WIPO seeks a costs order against the complainant on the footing that his complaint is vexatious, an abuse of process and, in addition, the complainant has used entirely inappropriate and offensive language in his pleas. The Tribunal is not satisfied such an order should be made.

Keywords

counterclaim