Judgment No. 4376

• Organization: World Intellectual Property Organization (WIPO)
• Date: 18.02.2021
• Original: English
• Judges: Frydman, Barbagallo, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges WIPO’s alleged failure to take appropriate measures to protect him under its Whistleblower Protection Policy after he had made a report of misconduct.

Judgment keywords

Keywords

whistle-blower; complaint dismissed

Consideration 6

Extract:

The complainant’s claim to be granted a fixed-term contract is rejected, first, because the Tribunal has no competence to make such an order. The appointment of the staff members of an international organization is within the exclusive power of the appointing authority of the organization concerned. Secondly, in an international organization where, as a rule, appointments are to be made following a competitive recruitment process, the granting of an appointment cannot be an appropriate form of compensation, because it infringes the rights of other persons who would otherwise have been entitled to compete for the subject position.

Keywords

competence of tribunal; fixed-term