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Judgment No. 3131

Decision

1. The Tribunal need not rule upon the claims in the complaint that the impugned decision be set aside and that the complainant be awarded an additional amount of termination indemnity, as well as a separation grant and "additional monetary compensation".
2. The WTO shall pay the complainant the amount of 1,000 Swiss francs in costs.
3. All other claims are dismissed.

Judgment keywords

Keywords

complaint allowed; terminal entitlements

Consideration 11

Extract:

This judgment [i.e. different judgment between the same parties], which was delivered after the parties to the present proceedings had made their final submissions, has the effect of overturning the facts in the case by depriving it of its main purpose.

Keywords

judgment of the tribunal; claim moot; case without object

Consideration 20

Extract:

Although the other claims submitted in the complaint, which are largely redundant, are not upheld, the Tribunal considers that in the unusual circumstances of this case the complainant is entitled to costs. Given that her employment was terminated unlawfully, she was justified in seeking from the Tribunal some mitigation of the pecuniary consequences of this decision. Whatever the outcome may have been if the Tribunal had had cause to consider the totality of her arguments, to the extent that they cannot be regarded as blatantly vexatious, equity requires that, exceptionally, the complainant should be compensated for part of the costs of the present proceedings, by awarding her the amount of 1,000 Swiss francs.

Keywords

costs



 
Last updated: 26.08.2020 ^ top