Judgment No. 4142

• Organization: Universal Postal Union (UPU)
• Date: 03.07.2019
• Original: English
• Judges: Barbagallo, Hansen, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaints are dismissed, as are the UPU’s counterclaims for costs.

Summary

The complainants challenge the decisions not to directly appoint them to posts which became vacant during the two-year period following the termination of their appointments deriving from the abolition of their posts.

Judgment keywords

Keywords

res judicata; complaint dismissed

Consideration 5

Extract:

As the two complaints are based on similar grounds, involve the same organization, and regard similar requests for redress, the Tribunal finds it convenient to join them in order to render one judgment.

Keywords

joinder

Consideration 6

Extract:

The complaints are unfounded having regard to Judgments 3930 and 3928. As a consequence of the res judicata authority of Judgment 3930, the decisions to abolish Ms N.’s post and terminate her permanent appointment do not exist ex tunc. Accordingly, Ms N.’s second complaint, based on those two decisions (and their relevant consequences) which do not legally exist, is unfounded. As the primary claims fail, the subsidiary requests also fail and her complaint must be dismissed in its entirety.

Reference(s)

ILOAT Judgment(s): 3928, 3930

Keywords

res judicata