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Judgment No. 3107

Decision

1. It is declared that the ban imposed on the complainant's presence at ITU premises in consequence of the decision of 16 March 2007 and maintained on 1 April 2009 and 19 May 2010 is of no force or effect.
2. THE ITU shall inform its Security and Safety Service of the terms of the declaration made in Order 1 within seven days of the delivery of this judgment.
3. The ITU shall provide a copy of this judgment to the heads of all its departments and divisions within seven days of its delivery.
4. The ITU shall pay the complainant material and moral damages in the sum of 15,000 Swiss francs.
5. It shall also pay him costs in the amount of 5,000 francs.
6. All other claims are dismissed.

Consideration 3

Extract:

"As stated in Judgment 1306, consideration 6, "[w]hen a decision is quashed, it is deemed never to have been taken". Accordingly, any subsequent or consequential decision based entirely on a decision that has been set aside necessarily lacks legal foundation and is a nullity."

Reference(s)

Jugement(s) TAOIT: 1306

Keywords

cumulative decisions; decision quashed; consequence

Judgment keywords

Keywords

complaint allowed; decision quashed; house ban

Consideration 6

Extract:

The application for an oral hearing is refused. The facts are not in dispute and the legal issues are comprehensively exposed in the pleadings.

Keywords

oral proceedings

Consideration 8

Extract:

It was pointed out in Judgment 2720, consideration 12, that an international organisation has a duty, flowing from the general principles governing the international civil service, to refrain from conduct that may harm the dignity or reputation of staff members, including former staff members. And where it has engaged in such action, it has a continuing obligation to take steps to remedy, as far as possible, any injury caused by its actions.

Reference(s)

Jugement(s) TAOIT: 2720

Keywords

respect for dignity

Consideration 10

Extract:

The ITU must immediately lift the ban on the complainant’s presence at its installations. To this end, the Tribunal will make a formal declaration that the ban imposed in consequence of the decision of 16 March 2007 and maintained on 1 April 2009 and, again, on 19 May 2010, is of no force or effect and order the ITU to inform its Security and Safety Service of the terms of that declaration within seven days of the delivery of this judgment. Additionally and to ensure that there is no doubt concerning the maintenance of a ban on the complainant as a consequence of the events of 15 March 2007, the ITU will be ordered to provide a copy of this judgment to the heads of all its departments and divisions within seven days of its delivery. The Tribunal sees no need to order more extensive circulation of the judgment or to make further orders as sought by the complainant.

Keywords

competence of tribunal; injunction



 
Dernière mise à jour: 14.10.2021 ^ haut