Judgment No. 4324
The complaint is dismissed.
The applicant seeks execution in full of Judgments 3045 and 3792 and recognition that the disease which led to his invalidity status is occupational.
application for execution; illness; service-incurred; complaint dismissed
The Tribunal recalls that, under Article VI of its Statute, its judgments are “final and without appeal”, and they are therefore “immediately operative”, as its earliest case law established (see, in particular, Judgment 82, consideration 6). The Tribunal has further noted that the principle that its judgments are immediately operative is also a corollary of their res judicata authority. Thus, international organisations that have recognised the Tribunal’s jurisdiction are bound to take whatever action the decision in a judgment may require, which must be executed by the parties as ruled (see Judgments 553, consideration 1, 1328, consideration 12, 1338, consideration 11, 3152, consideration 11, and also 4235, consideration 9, and the case law cited therein). Judgments must be executed within a reasonable period of time (see Judgment 3656, consideration 3).
ILOAT Judgment(s): 82, 553, 1328, 1338, 3152, 3656, 4235
execution of judgment
When an organisation is required to take a new decision after a case has been referred back to it by a judgment of the Tribunal, if the applicable provisions have been amended in the meantime, the organisation must take that decision in compliance with the procedure now in force (see, for example, Judgment 3896, consideration 4).
ILOAT Judgment(s): 3896
execution of judgment; applicable law; amendment to the rules
The Tribunal recalls that it is firmly established that a staff member may not on her or his own initiative evade the requirement to exhaust internal means of redress before filing a complaint with the Tribunal (see Judgments 2811, considerations 10 and 11, 3190, consideration 9, 3458, consideration 7, and 3947, consideration 4). It is true that where an internal appeal procedure is paralysed over an exceedingly long period, the Tribunal will allow a complainant to refer a matter directly to it. However, that case law is not applicable where, as in this case, the complainant of her or his own accord refrains from bringing internal proceedings on the basis that previous appeals have been handled unreasonably slowly, even where this is proven.
ILOAT Judgment(s): 2811, 3190, 3458, 3947
internal remedies not exhausted