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Judgment No. 2304

Decision

The application is dismissed.

Consideration 8

Extract:

In its Judgment 2246, the Tribunal ordered the Organization to provide the complainant within 30 days of notification of the judgment with part of the documents supplied to the Tribunal pursuant to Judgment 2192. The complainant points out that the Organization failed to do so within the time limit. "The Tribunal finds that the delay in supplying the documents cannot be attributed solely to the Organization. Prior to the expiry of the prescribed time limit, the latter [...] had written to the complainant asking him to undertake not to divulge the requested documents to third parties. Rather than reply to that letter, the complainant filed an application for execution with the Tribunal, whereas he ought to have shown good faith by replying to the defendant's request."

Reference(s)

ILOAT Judgment(s): 2192, 2246

Keywords

application for execution; liability; organisation; direct appeal to tribunal; time limit; date of notification; delay; judgment of the tribunal; iloat; execution of judgment; confidential evidence; communication to third party; good faith; staff member's duties; request by a party



 
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