Judgment No. 3824
1. WIPO shall pay the complainant 3,000 euros in moral damages.
2. It shall also pay him 500 euros in costs.
3. All other claims are dismissed.
The complainant has filed an application for execution of Judgment 3421.
ILOAT Judgment(s): 3421
application for execution; complaint allowed
At the stage of execution of a judgment by the parties, pursuant to Article VI of the Statute of the Tribunal and according to its case law, the judgment has res judicata authority and must be executed as ruled (see Judgment 1887, under 8). However, an exception must be made to this principle when execution proves to be impossible owing to facts of which the Tribunal was unaware when it adopted its judgment (see Judgments 2889, under 6 and 7, 3261, under 16, and 3332, under 4).
ILOAT reference: Article VI of the Statute
ILOAT Judgment(s): 1887, 2889, 3261, 3332
execution of judgment
[The Organisation] executed Judgment 3421 as far as possible having regard to the change in circumstances since the end of the disputed competition. It did not act unlawfully by stating that it was impossible for it to re-open the competition, because this was prevented by a restructuring, the need for which cannot be contested. Nor did it act unlawfully by failing to provide additional information to the complainant, beyond that which it had provided at his request in the letter dated 1 November 2013.
Nevertheless, the defendant’s failure to inform the Tribunal of a change in circumstances that would have rendered moot the complaint leading to Judgment 3421 led to the adoption of that same judgment, the execution of which is partly impossible. The complainant is thus entitled to moral damages, though it must also be taken into account that he too could have informed the Tribunal of the change in circumstances.
ILOAT Judgment(s): 3421
moral injury; execution of judgment; duty to inform
[T]he Tribunal has a limited power of review over the structural arrangements adopted by an international organisation with a view to ensuring the smooth operation of its departments, which may involve creating or abolishing posts and, more generally, redeploying staff (see, inter alia, Judgments 269, under 2, 1131, under 5, 1614, under 3, 2090, under 6, and 2510, under 10)[.]
ILOAT Judgment(s): 269, 1131, 1614, 2090, 2510
reorganisation; judicial review