Judgment No. 4284
Decision
1. UNESCO shall pay the complainant 7,000 euros in moral damages.
2. It shall also pay her costs in the amount of 1,000 euros.
3. All other claims are dismissed.
Summary
The complainant asks the Tribunal to find that UNESCO has failed to execute Judgment 3936 and to order the Organization to review her case.
Judgment keywords
Keywords
application for execution; complaint allowed
Consideration 5
Extract:
The Tribunal recalls that its judgments, which, according to Article VI of its Statute, are “final and without appeal” and which also have res judicata authority, are immediately operative (see, for example, Judgments 3003, under 12, and 3152, under 11). As they may not later be called into question except when an application for review is allowed, they must be executed as ruled (see, for example, Judgments 3566, under 6, and 3635, under 4). The parties must work together in good faith to execute judgments (see, for example, Judgments 2684, under 6, and 3823, under 4). Judgments must be executed within a reasonable period of time (see Judgments 2684, under aforementioned consideration 6, and 3656, under 3). In order to ascertain whether that has occurred, all the circumstances of the case must be taken into account, especially the nature and the scope of the action which the organisation is required to take (see, in particular, Judgment 3066, under 6).
Reference(s)
Jugement(s) TAOIT: 2684, 3003, 3066, 3152, 3566, 3635, 3656, 3823
Keywords
application for execution; execution of judgment
Consideration 8
Extract:
[T]he Tribunal recalls its case law according to which “[a]n organisation may not justify its delay in handling a file by pleading reasons linked to the difficulties facing its Administration. It is up to the organisation to overcome a shortage of human or financial resources, so that no staff member who is waiting for a decision suffers undue delay, which constitutes a denial of a staff member’s right to have his or her requests handled with due diligence” (see, in particular, Judgments 2196, under 9, 2522, under 7, and 2768, under 6(a)).
Reference(s)
Jugement(s) TAOIT: 2196, 2522, 2768
Keywords
delay in internal procedure
Consideration 8
Extract:
[A]lthough the application for execution has become moot, the Tribunal considers it appropriate to award 7,000 euros in moral damages to the complainant, who had to wait more than 24 months for a new decision, which she received only after reminding the Organization and lodging an application for execution [...] with the Tribunal.
Keywords
moral injury; delay; execution of judgment
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