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Judgment No. 94

Decision

The application of the Food and Agriculture Organisation of the United Nations is dismissed.

Consideration 5

Extract:

The Tribunal did not hold in its Judgment 90 that the reinstatement of the complainant was inadvisable. Such reinstatement was possible. "Consequently, the Organization must comply with the judgment given and pronounce [his] reinstatement [...] as from the date at which his employment was illegally terminated, and this implies that, in addition to the payment of arrears of salary, the Organization must offer him either the same post or one substantially equivalent."

Reference(s)

ILOAT Judgment(s): 90

Keywords

application for execution; judgment of the tribunal; execution of judgment; reinstatement

Consideration 3

Extract:

"By Judgment No. 90 [...] the Tribunal quashed the decision [...] dismissing [the complainant], thereby finding that his reinstatement was possible and not inadvisable; this judgment, which disposes of the issues raised is final, and the organization cannot reopen these issues." [The organization submitted that it had been unable to make its objections to reinstatement in time and that such reinstatement was moreover impossible; it asked the Tribunal to award compensation in lieu of reinstatement.]

Reference(s)

ILOAT Judgment(s): 90

Keywords

finality of judgment; res judicata; judgment of the tribunal; decision quashed; execution of judgment; reinstatement; termination; material damages

Consideration 4

Extract:

At the time of the judgment the Tribunal found that reinstatement was not inadvisable. Reinstatement will again be possible upon the expiry of the appointment of the complainant's successor, "execution of the judgment being a valid reason for non-renewal of his appointment."

Keywords

judgment of the tribunal; execution of judgment; reinstatement; non-renewal of contract

Consideration 4

Extract:

"Having regard to the nature of the employment in question, the Organization was not obliged, in any event, to reinstate the complainant in the identical post he had occupied, but might have offered him any other substantially equivalent post."

Keywords

judgment of the tribunal; organisation's duties; assignment; reinstatement; same



 
Last updated: 16.08.2017 ^ top