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Judgment No. 4142


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


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


res judicata; complaint dismissed

Consideration 5


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.



Consideration 6


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.


Jugement(s) TAOIT: 3928, 3930


res judicata

Dernière mise à jour: 13.10.2021 ^ haut