Judgment No. 1306
1. JUDGMENT 1235 OF 10 FEBRUARY 1993 SHALL BE CONSTRUED AS STATED IN CONSIDERATION 7.
2. THE UNION SHALL PAY THE COMPLAINANT 2,000 SWISS FRANCS IN COSTS.
"As was held in Judgment 802, an application for interpretation of a judgment is receivable only if the meaning of the Tribunal's ruling is uncertain or ambiguous."
ILOAT Judgment(s): 802
application for interpretation; receivability of the complaint; res judicata; case law; condition
The complainant submits that the Union failed to execute in full an earlier judgment in which the Tribunal gave him satisfaction. The UPU says that he failed to exhaust the internal means of appeal. The Tribunal holds that his application for interpretation "is receivable because the parties disagree on how to combine [two points of the ruling in the material judgment], only the Tribunal itself may resolve the issue, and there was no need to follow any internal appeal procedure beforehand".
application for interpretation; receivability of the complaint; internal remedies exhausted; res judicata; judgment of the tribunal; execution of judgment
"When a decision is quashed, it is deemed never to have been taken. The Administration must do whatever the correction of the position in law may require and by due process take a new decision that is free from the fatal flaws in the quashed one and that gives effect to the Tribunal's ruling in the light of the reasoning that underlies it."
application for interpretation; judgment of the tribunal; due process; organisation's duties; flaw; effect
The complainant is challenging the UPU's interpretation and execution of Judgment 1235 in which the Tribunal quashed the Director-General's decision confirming his refusal to appoint him to a specific post and offering him compensation for moral injury. "The award of moral damages affords him redress for the injury the Union's unlawful act caused him up to the date of Judgment 1235; it does not relieve the Union of remedying that unlawful act by reviewing the matter of his rights, and this time doing it properly."
ILOAT Judgment(s): 1235
application for interpretation; injury; moral injury; judgment of the tribunal; execution of judgment; organisation's duties; flaw; purpose