Judgment No. 2466

• Organization: World Intellectual Property Organization (WIPO)
• Date: 06.07.2005
• Original: English
• Judges: Gentot, Hugessen, Gaudron
• Full judgment text - Full judgment text (french)

Decision

The complaint and the Organization's counterclaim are dismissed.

Consideration 16

Extract:

The main thrust of the complainant’s case is that after June 2001, when provision was made for separation packages for persons graded D.2 and above, other officials received more advantageous packages than he did. To this end, the complainant requests the Tribunal to conduct its own investigation and to call for certified copies of the agreements concerned. Given the confidential nature of those agreements, it follows that the complainant is unable to establish that those packages were more beneficial than his. Furthermore, he offers no evidence that any of the officials who received those packages were in the same or, even, in a comparable position to him in terms of employment history or status. As was said in Judgment 2142, without some evidence to this effect, “the Tribunal will not [...] itself undertake [...] a wholesale ‘fishing expedition’ based on nothing more than the possibility that something may turn up”. Accordingly, the complainant’s contentions with respect to unequal treatment must be rejected.

Keywords

fishing expedition