Judgment No. 3345

• Organization: World Intellectual Property Organization (WIPO)
• Date: 09.07.2014
• Original: Anglais
• Judges: Barbagallo, Hansen, Moore
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. The complaints are dismissed.
2. The applications to intervene are also dismissed.

Summary

The complainants, acting as elected staff representatives, in their individual capacities as staff members and on behalf of thirty-six staff members employed under “long-term short-term contracts”, challenge the appropriateness of employment under such contracts and claim certain rights for such employees.

Judgment keywords

Keywords

locus standi; staff representative; complaint dismissed

Consideration 9

Extract:

"The first procedural issue is a request by the complainants for the production of documents. The request is cast in the most general terms and constitutes an impermissible “fishing expedition” (see, for example, Judgment 2497, consideration 15)."

Reference(s)

Jugement(s) TAOIT: 2497

Keywords

disclosure of evidence; fishing expedition

Consideration 11

Extract:

"[T]he claims of the Staff Council were a request for a change of policy and policy issues of this type are not justiciable (see Judgment 3225, consideration 6). This conclusion is reinforced by the fact that the request was made at a high level of abstraction."

Reference(s)

Jugement(s) TAOIT: 3225

Keywords

receivability of the complaint; staff representative; ratione materiae