Judgment No. 4605

• Organization: World Intellectual Property Organization (WIPO)
• Date: 01.02.2023
• Original: English
• Judges: Moore, Frydman, De Nictolis
• Full judgment text - Full judgment text (french)

Decision

The complaints are dismissed.

Summary

The complainants challenge the lawfulness and the results of the election for members of the new Staff Council.

Judgment keywords

Keywords

staff representative; election; claim moot; complaint dismissed

Consideration 2

Extract:

The complainants seek an oral hearing but the Tribunal is satisfied it can reasonably and fairly determine the issues by reference to the written submissions of the parties. Accordingly, the request for an oral hearing is rejected.

Keywords

oral proceedings

Consideration 6

Extract:

It can be seen that the second order is, in substance, an injunction restraining future conduct of WIPO which is couched in the most general and imprecise terms with a consequential interdependent effect on the future conduct of the Staff Council and Staff Association. The Tribunal’s case law clearly establishes it cannot grant relief of this nature against an organisation (see Judgments 3835, consideration 6, 3506, consideration 18, and 2370, consideration 19). Accordingly, in this respect, the complaints should also be dismissed.

Reference(s)

ILOAT Judgment(s): 2370, 3506, 3835

Keywords

competence of tribunal; injunction