Judgment No. 2826
The complaint is dismissed.
"There was nothing to preclude the complainant from raising the argument based on the French text of the Staff Regulations in his first complaint. He was then armed with the recommendation and reasons of the Appeal Board, both of which were based on the English text of the relevant Staff Regulations and Staff Rules. Further, as he was then seeking recognition of his same-sex partner as a dependent spouse, it was for him to advance argument as to why that course should be taken rather than the more limited course recommended by the Appeal Board. Moreover, the grounds on which the Tribunal may review its judgments are limited to «failure to take account of some essential fact, a material error involving no value judgment, failure to rule on a claim, or the later discovery of some essential fact that the parties were unable to rely on in the original proceedings» (see Judgment 1252 and also Judgments 442, 555 and 649). The argument based on the French text is, in essence, an argument that the Tribunal erred in law in interpreting the ITU Staff Regulations and Staff Rules as barring recognition of the complainant's partner as his dependent spouse. That is not an admissible ground for the review of a judgment (see Judgment 2029). Nor is it a ground for review that, on 3 September 2007 and after Judgment 2643 was delivered, the complainant married his partner in British Columbia in accordance with the law of Canada. It would entirely defeat the principles of finality and res judicata if subsequent facts could be taken into account on an application for review of a judgment."
ILOAT Judgment(s): 442, 555, 649, 1252, 2029, 2643
application for review; finality of judgment; inadmissible grounds for review; new fact on which the party was unable to rely in the original proceedings; marital status; res judicata; language of rule; dependant; same-sex marriage
"In the present case, the Secretary-General took a new decision to refer the question of the recognition of domestic partnership to the ITU Council and thereby executed Judgment 2643. There is no basis on which the Tribunal can require anything further, save on a receivable complaint with respect to that new decision."
ILOAT Judgment(s): 2643
decision; tribunal; judgment of the tribunal; execution of judgment; judicial review; limits