Judgment No. 2806
1. The application is dismissed.
2. The IOM shall, within 30 days of the date of delivery of the present judgment, reinstate the respondent, Mr H., the complainant in Judgment 2575, in his previous post in Vienna or, if that post is not vacant, it shall appoint him to a senior post in Vienna appropriate to his qualifications and experience at a salary not less than that applicable to his former post, and to a D.1 post if one is vacant. The Organization shall pay the respondent the sum of 10,000 euros by way of penalty for each month or part month of delay beyond 30 days.
3. Unless already paid, the Organization shall, within 30 days of the date of the present judgment, pay the respondent in full the daily subsistence allowance for the period from 8 February 2007 until the date of his actual reinstatement in Vienna with no deductions of any kind. It shall also pay interest on the sums that should have been paid at the rate of 8 per cent per annum, calculated monthly, from 8 February 2007 until the date of actual payment.
4. It shall pay the respondent 4,000 euros in costs.
In Judgment 2575, the Tribunal annulled a decision to transfer the complainant from Vienna to Berlin. No action was taken to return him to Vienna. Instead, on 13 February 2007, the IOM informed him that he was to be transferred to Berlin with immediate effect. In Judgment 2691, the Tribunal declared that the decision of 13 February 2007 was "null and void ab initio".
"Like all judicial bodies, the Tribunal has inherent jurisdiction and power to take action to ensure that its judgments are implemented. That power may be exercised in any proceedings where a question is raised with respect to the implementation of a judgment. Accordingly, an order will be made for a penalty to be paid in the event that [the complainant] is not posted to Vienna within 30 days."
ILOAT Judgment(s): 2575, 2691
application for interpretation; application for review; res judicata; time limit; delay; judgment of the tribunal; execution of judgment; general principle; organisation's duties; continuing breach; judicial review