Judgment No. 3825
- Organization: Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO PrepCom)
- Date: 28.06.2017
- Original: English
- Judges: Barbagallo, Hansen, Moore
- Full judgment text - Full judgment text (french)
1. The Commission shall, within 30 days of the public delivery of this judgment, comply with point 2 of the decision made in Judgment 3565, save for the requirement to identify the date on which all adverse materials in the complainantís personnel file were removed and destroyed.
2. The Commission shall pay the complainant moral damages in the amount of 2,000 euros.
3. It shall pay the complainant costs in the amount of 5,000 euros.
4. All other claims are dismissed.
The complainant has filed an application for execution of Judgment 3565.
ILOAT Judgment(s): 3565
application for execution; complaint allowed
Pursuant to Article VI of the Tribunalís Statute, the Tribunal is competent to review its decisions. Such review, however, may only take place in exceptional circumstances. One of the exceptional circumstances articulated in the case law is where there has been a failure to take into account particular facts that would have led to a different result. In relation to the execution of a judgment, this has been further refined to limit review to those cases where the Tribunal was unaware of the fact or facts that make execution of the decision impossible. If the execution of an order is impossible for this reason, it is incumbent on the party whose duty it is to execute the order to bring an application for review to resolve the matter.
ILOAT reference: Article VI of the Statute
execution of judgment
As the Tribunal specifically ordered that the written confirmation regarding the removal and destruction of materials was to be signed by the Executive Secretary personally, the signing of the confirmation could not lawfully be delegated to another person. The Commissionís submission that the Executive Secretaryís signature could be dispensed with overlooks the clear language of the order that it was obliged to execute.
execution of judgment; delegated authority