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Judgment No. 442

Decision

THE COMPLAINT IS DISMISSED.

Consideration 10

Extract:

in dismissing all the complainant's claims for relief, the tribunal rejected by implication her claims for compensation for moral prejudice. it did not pass express comment on those claims nor state its reasons for dismissing them. this failure affords a valid ground for review.

Reference(s)

ILOAT Judgment(s): 404

Keywords

application for review; admissible grounds for review; omission to rule on a claim; claim; grounds; moral injury; allowance; refusal

Consideration 2

Extract:

"The Tribunal's judgments carry the authority of res judicata from the date on which it delivers them. Though subject to review thereafter, they will be reviewed only in exceptional cases. that is the rule under all judicial systems which allow review."

Reference(s)

ILOAT Judgment(s): 404

Keywords

application for review; res judicata; exception; judgment of the tribunal; general principle; mistake of law; date

Consideration 2

Extract:

"To allow an application for review on the grounds of the Tribunal's legal reasoning would be to permit anyone who was dissatisfied with a decision to question it indefinitely in disregard of the principle of res judicata."

Reference(s)

ILOAT Judgment(s): 404

Keywords

application for review; inadmissible grounds for review; res judicata; judgment of the tribunal; mistake of law; request by a party

Consideration 8 (G)

Extract:

an application for review "will fail unless it relies on flaws which may have an effect on the tribunal's decision."

Reference(s)

ILOAT Judgment(s): 404

Keywords

application for review; receivability of the complaint; flaw; condition; consequence

Consideration 3

Extract:

Receivable grounds for review include the following: a fact overlooked, material error, omission to rule on a claim and the discovery of a new fact. The Tribunal has not had to declare in what cases such pleas will in general be allowed.

Reference(s)

ILOAT Judgment(s): 404

Keywords

application for review; admissible grounds for review; new fact on which the party was unable to rely in the original proceedings; omission to rule on a claim; receivability of the complaint; disregard of essential fact

Consideration 2 and 8 (B)

Extract:

Among inadmissible grounds for review is alleged mistaken appraisal of the facts, i.e. the interpretation which the Tribunal has put on the facts. Parties who are dissatisfied with a decision may not question it indefinitely in disregard of the principle of res judicata.

Reference(s)

ILOAT Judgment(s): 404

Keywords

application for review; appraisal of facts; inadmissible grounds for review; res judicata; judgment of the tribunal; definition; misinterpretation of the facts

Considerations 3 and 13

Extract:

the discovery of a new fact, "i.e. a fact which the complainant discovered too late to cite in the original proceedings" is admissible. such a fact must not be one which, had the complainant taken due care, might have been cited in the original complaint.

Reference(s)

ILOAT Judgment(s): 404

Keywords

application for review; admissible grounds for review; new fact on which the party was unable to rely in the original proceedings; definition

Consideration 1

Extract:

neither the statute nor the rules of court provide for review of the tribunal's judgments. is it to be inferred that review is thereby precluded or simply left for the tribunal itself to determine ? the tribunal "has heard several applications for review, but has dismissed them simply by finding that there were no grounds for review. it has not yet discussed in full the scope for review of its judgments." in the present case the problem will be dealt with in part by citing the pleas which are not receivable and reserving judgment on the others.

Reference(s)

ILOAT Judgment(s): 404

Keywords

application for review; admissible grounds for review; inadmissible grounds for review; judgment of the tribunal; iloat statute; no provision

Consideration 12

Extract:

by contending that the tribunal did not order an expert medical inquiry, the complainant objects that a particular means of obtaining evidence was not used. but the failure to admit evidence is not a valid reason for review.

Reference(s)

ILOAT Judgment(s): 404

Keywords

application for review; failure to admit evidence; inadmissible grounds for review; expert inquiry

Consideration 13 (A)

Extract:

"a staff member may properly allege unfair treatment where general rules are not applied in the same way to all the staff members to which they are applicable, but he may not do so by comparing circumstances created by particular measures, such as agreements for the reappointment of particular officials. such agreements will differ because the circumstances of each case differ, and there is no inequality of treatment."

Reference(s)

ILOAT Judgment(s): 404

Keywords

application for review; individual decision; international civil servant; equal treatment; staff regulations and rules; enforcement; provision; reinstatement; difference; same

Consideration 2

Extract:

Inadmissible grounds for review include an alleged mistake of law, an alleged mistake in appraisal of the facts, a failure to admit evidence and the omission to comment on pleas submitted by the parties.

Reference(s)

ILOAT Judgment(s): 404

Keywords

application for review; appraisal of facts; failure to admit evidence; inadmissible grounds for review; appraisal of evidence; mistake of law

Consideration 10

Extract:

"as a rule an official's comments on his subordinates do not give them any right to compensation; otherwise supervisors would express only guarded opinions about their subordinates, and that would be harmful to the organisation's efficiency. the most that can be said is that when a supervisor expresses an opinion which he knows to be untrue for a purely malicious purpose he, or the organisation, will be liable."

Reference(s)

ILOAT Judgment(s): 404

Keywords

application for review; injury; liability; organisation; general principle; work appraisal; allowance; supervisor; mistake of fact; consequence; difference; purpose; right

Consideration 4

Extract:

"there may be either one or two stages in review proceedings. the tribunal will first determine whether the plea is admissible. if it is not, the tribunal will dismiss the application without looking further. if it holds any of the pleas to be admissible, it will then reconsider its judgment on the basis of the evidence adduced in the review proceedings. those are the only circumstances in which the tribunal will hear the complainant's submissions on the merits."

Reference(s)

ILOAT Judgment(s): 404

Keywords

procedure; application for review; claim; receivability of the complaint; judgment of the tribunal; elements



 
Last updated: 29.08.2017 ^ top