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Judgment No. 1365

Decision

1. THE ORGANIZATION SHALL PAY EACH OF THE COMPLAINANTS 10,000 FRENCH FRANCS IN FINAL DAMAGES.
2. IT SHALL PAY EACH OF THEM 5,000 FRANCS IN COSTS.
3. THEIR OTHER CLAIMS ARE DISMISSED.

Consideration 8

Extract:

The organization submits that there was no point in resuming the process of appointment as ordered in Judgment 1272. "But there the organization shows misunderstanding about the effect of a judgment. The quashing of [Mr. X's] appointment [...] being res judicata, it had a duty under the judgment to resume the process from the date of the unlawful appointment, regardless of the new situation arising from the expiry of [Mr. X's] appointment and his assignment to [another] post [...]. The complainants are therefore right in contending that the organization was at fault in refusing to carry out the process properly."

Reference(s)

Jugement(s) TAOIT: 1272

Keywords

procedure before the tribunal; application for execution; complaint allowed; complaint allowed in part; res judicata; judgment of the tribunal; execution of judgment; organisation's duties; breach; flaw; consequence; material damages

Consideration 9

Extract:

The complainants seek the quashing of a decision in which the WTO refused to resume the appointment process as ordered in Judgment 1272. "Yet any satisfaction that the complainants might derive from resumption of the procedure would be merely formal [so] the Tribunal exercises the option that Article VIII of its Statute allows of not setting aside the [impugned] decisions."

Reference(s)

ILOAT reference: ARTICLE VIII OF THE STATUTE
Jugement(s) TAOIT: 1272

Keywords

procedure before the tribunal; application for execution; complaint allowed; complaint allowed in part; res judicata; judgment of the tribunal; damages; execution of judgment; organisation's duties; breach; flaw; consequence



 
Dernière mise à jour: 07.11.2017 ^ haut