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Judgment No. 706

Decision

1. The complainant is entitled to nine months' sick leave from 1 April to 31 December 1981.
2. He is referred to the Director-General of UNESCO for determination of the pay due, the amount to bear interest at 10 per cent a year from 3 May 1984.
3. The Organization shall pay him 10,000 French francs as costs.
4. His other claims are dismissed.

Consideration 10

Extract:

"The complainant is also entitled to interest at 10 per cent a year on the sums due under this judgment from 3 May 1984, the date on which he asked UNESCO to execute Judgment 607 and from which there was a demand to pay."

Reference(s)

Jugement(s) TAOIT: 607

Keywords

application for execution; complaint allowed; judgment of the tribunal; amount; formal demand for payment; interest on damages; execution of judgment; date; payment; penalty for delay

Consideration 9

Extract:

In Judgment 607 the Tribunal decided that the complainant had the right to a medical leave as of 1 April 1981 and sent him back to the organization for it to set, after a medical inquiry, the duration of the leave. "The Tribunal concludes that, contrary to its own wishes and to the Director-General's instructions, the organization made a decision without consulting the complainant and refused to discuss questions of fact. To settle the matter once and for all the Tribunal will increase the period of leave from six to nine months, i.e. from 1 April to 31 December 1981."

Reference(s)

Jugement(s) TAOIT: 607

Keywords

organisation; tribunal; judgment of the tribunal; case sent back to organisation; execution of judgment; sick leave; refusal

Consideration 4

Extract:

Judgment 607 was delivered on 12 April 1984 and executed on 21 August 1984. The Tribunal found such a lapse to be reasonable.

Reference(s)

Jugement(s) TAOIT: 607

Keywords

time limit; reasonable time; judgment of the tribunal; execution of judgment

Consideration 10

Extract:

The organization failed to give proper effect to Judgment 607. The complainant wins his case. He is entitled to interest on the amounts due him from the date on which he asked UNESCO to execute Judgment 607 and from which there was a demand to pay.

Reference(s)

Jugement(s) TAOIT: 607

Keywords

judgment of the tribunal; formal demand for payment; interest on damages; execution of judgment; date; payment; penalty for delay; delay in payment

Consideration 2

Extract:

"The Tribunal's judgments have the authority of res judicata. An international organisation which has recognised the Tribunal's jurisdiction is therefore bound not merely to refrain from acting in disregard of a judgment, but first and foremost to take whatever action the judgment may require. The judgment must be both respected and executed."

Keywords

res judicata; judgment of the tribunal; execution of judgment; organisation's duties; consequence



 
Dernière mise à jour: 31.03.2017 ^ haut