Judgment No. 3895
The application for interpretation and execution is dismissed.
The complainant has filed an application for interpretation and execution of Judgment 3694.
ILOAT Judgment(s): 3694
application for execution; application for interpretation; complaint dismissed
With regard to the clarification requested under a) [...], the expression an “Appeals Committee, composed in accordance with the applicable rules”, in the present case refers to the procedural rules in force at the time of the execution of the judgment (i.e. the new examination of the appeal). It must be accepted that the procedural rules governing the composition of the Appeals Committee could be changed and that, in the event of a change, the new provisions should apply to the complainant’s appeal. In saying this the Tribunal is not expressing a view about the lawfulness of the new provisions. As the application for execution is only based on the arguments raised with respect to the application for interpretation, it is without merit.
execution of judgment; applicable law
With respect to the remaining requested clarifications, b) to e) [...], the Tribunal finds that they are not requests for interpretation of the judgment, but are instead essentially requests for advice. Specifically, the complainant asks about the lawfulness of the new norms and if their applicability to his appeal adheres to the principles of international civil service law. These requests for advice are beyond the Tribunal’s competence.
application for interpretation; competence of tribunal
In his rejoinder the complainant has listed the names of witnesses, but in view of the abundant and sufficiently clear submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the case and does not therefore deem it necessary to hold oral proceedings.
The Tribunal shall not deal with the issue regarding the complainant’s abuse of process, as the Organisation did not file any formal counterclaim for costs (see Judgment 3815, consideration 12).
ILOAT Judgment(s): 3815