Judgment No. 1100
THE COMPLAINT AND THE ORGANISATION'S CLAIM FOR COSTS ARE DISMISSED.
The complainant challenged the reckoning of her pension in the internal appeal. Having obtained satisfaction after she filed her complaint she withdrew her main claims but presses her claim to moral damages and costs. The Tribunal considers her complaint premature because it challenges a decision which was stated to be provisional, and the withdrawal of her main claim makes her claim to damages void. Nor is she entitled to costs.
absence of final decision; provisional decision; receivability of the complaint; cause of action; no cause of action; settlement out of court; case pending
The complaint is premature. The organisation claims an award of costs against the complainant. "In Judgment 885 the Tribunal addressed the issue of abuse of the right of appeal. It said that it was for the Tribunal itself to determine whether a complainant had abused that right and, if so, what ruling was fitting in the circumstances. In Judgment 1056, however, it held that such a ruling may not include an award of costs against the complainant."
ILOAT Judgment(s): 885
tribunal; vexatious complaint; costs; iloat; counterclaim; case law; refusal