Judgment of the Tribunal (120, 22, 23, 121, 122, 123, 690, 871, 124, 125, 126, 842, 128, 129, 130, 131, 132, 127, 133, 134, 745, 135, 136, 137, 138, 139, 672, 825, 826, 140, 315, 644, 650, 676, 689, 692, 693, 665, 740, 886, 914,-666)
You searched for:
Keywords: Judgment of the Tribunal
Total judgments found: 144
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Judgment 1423
79th Session, 1995
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"By his pointless repetition of arguments on claims which the Tribunal has rejected in previous complaints, the complainant has refused to accept that the decisions of the Tribunal are res judicata. His conduct in reverting to issues which the Tribunal has already ruled on amounts to an abuse of process."
Keywords:
identical claims; judgment of the tribunal; res judicata; same parties; same purpose; vexatious complaint;
Judgment 1421
79th Session, 1995
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
See Judgment 442, considerations 2 and 3
Reference(s)
ILOAT Judgment(s): 442
Keywords:
admissible grounds for review; application for review; case law; inadmissible grounds for review; judgment of the tribunal; receivability of the complaint; res judicata;
Judgment 1419
78th Session, 1995
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"Where the Tribunal sets a decision aside the defendant organisation is bound to take any action required to give full effect to the wording and reasoning of the judgment. When the dispute is about financial liability the Tribunal may in the full exercise of its competence either state the amount of which the defendant is liable, if a sufficiently exact figure can be put on it, or else, where execution calls for further calculation or the play of discretion, send the case back to the organisation so that it may act on the rulings in the judgment."
Keywords:
compensation; consequence; discretion; effect; execution of judgment; judgment of the tribunal; organisation's duties; res judicata;
Judgment 1386
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
The Tribunal "accepts that the premature dismissal caused him moral injury in relation not only to his family and private life but also to his career prospects. Those prospects suffered from the EPO's having gravely compromised his chances of finding other employment by putting in the documents concerning his dismissal, and in breach of his rights of defence, criticism which could not under the circumstances be reviewed. The complainant shall accordingly receive, over and above the redress which the present judgment in itself affords him, damages".
Keywords:
career; compensation; judgment of the tribunal; moral injury; professional injury; right to reply; termination of employment;
Judgment 1365
77th Session, 1994
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The organization submits that there was no point in resuming the process of appointment as ordered in Judgment 1272. "But there the organization shows misunderstanding about the effect of a judgment. The quashing of [Mr. X's] appointment [...] being res judicata, it had a duty under the judgment to resume the process from the date of the unlawful appointment, regardless of the new situation arising from the expiry of [Mr. X's] appointment and his assignment to [another] post [...]. The complainants are therefore right in contending that the organization was at fault in refusing to carry out the process properly."
Reference(s)
ILOAT Judgment(s): 1272
Keywords:
application for execution; breach; consequence; execution of judgment; flaw; judgment of the tribunal; material damages; organisation's duties; procedure before the tribunal; res judicata;
Consideration 9
Extract:
The complainants seek the quashing of a decision in which the WTO refused to resume the appointment process as ordered in Judgment 1272. "Yet any satisfaction that the complainants might derive from resumption of the procedure would be merely formal [so] the Tribunal exercises the option that Article VIII of its Statute allows of not setting aside the [impugned] decisions."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
ILOAT Judgment(s): 1272
Keywords:
application for execution; breach; consequence; damages; execution of judgment; flaw; judgment of the tribunal; organisation's duties; procedure before the tribunal; res judicata;
Judgment 1362
77th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[T]he Tribunal must rule yet again on WIPO's refusal to discharge the obligation to decide on reinstatement. As it has stated more than once, its judgments are to be given immediate effect. In the regrettable event that the Organization continues to disregard that rule and fails to act within 30 days of the date of delivery of this judgment, it must pay the complainant 10,000 swiss francs by way of penalty for each further month of delay."
Keywords:
amount; application for execution; continuing breach; decision; delay; execution of judgment; general principle; judgment of the tribunal; organisation's duties; penalty for delay; refusal; reinstatement; res judicata; time limit;
Consideration 9
Extract:
"The constant thrust of the three earlier judgments was to secure from the organization [...] discharge of its obligation to communicate to [the complainant] a proper decision. He might then impugn that decision if it was not to his liking, and the Tribunal might if need be review the reasons for it, which is something it has not yet been able to do. The complainant is entitled to such decision as a matter of course, without having to ask for it and without delay. That obligation WIPO has stubbornly ignored, it is in breach of the rule of law in the international civil service, and that is not to be brooked."
Keywords:
application for execution; continuing breach; execution of judgment; express decision; international civil service principles; judgment of the tribunal; judicial review; organisation's duties; right of appeal;
Judgment 1361
77th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Tribunal reaffirms that its rulings have the force of res judicata and are binding on the organisations that have recognised its jurisdiction. Any organisation that offends against that rudimentary principle by refusing to give effect to judgments it does not care for is disregarding the rights of staff and its own interests and is acting in breach of the obligations that it has assumed by recognising the Tribunal's jurisdiction."
Keywords:
acceptance; application for execution; competence of tribunal; continuing breach; execution of judgment; judgment of the tribunal; organisation's duties; organisation's interest; res judicata; staff member's interest;
Judgment 1353
77th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
See Judgments 442 and 1309.
Reference(s)
ILOAT Judgment(s): 442, 1309
Keywords:
admissible grounds for review; application for review; exception; inadmissible grounds for review; judgment of the tribunal; mistake of law; res judicata;
Judgment 1338
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
"An organisation must, where a specific sum has been awarded [by the Tribunal], pay compensation if it takes more than one month to pay after the judgment was notified, save that if, as in Judgment 1219, the Tribunal does not put a figure on the amount due, the need to work out the figure warrants allowing additional time. In this instance [...] apart from alleging the need for consultations the Organization has offered no explanation for the delay in payment. The Tribunal therefore awards the complainant payment of interest".
Reference(s)
ILOAT Judgment(s): 1219
Keywords:
administrative delay; amount; application for execution; delay; execution of judgment; formal demand for payment; interest on damages; judgment of the tribunal; organisation's duties; payment; penalty for delay; res judicata; time limit;
Consideration 10
Extract:
"Although Judgment 1133 declared [the complainant's] dismissal null and void it did not order reinstatement." The WHO exercised the "option of paying him financial compensation: that was in lieu of reinstatement".
Reference(s)
ILOAT Judgment(s): 1133, 1219
Keywords:
application for execution; compensation; judgment of the tribunal; organisation's duties; reinstatement; subsidiary;
Consideration 11
Extract:
"An international organisation which has recognised the Tribunal's jurisdiction is bound, not merely to refrain from acting in disregard of a judgment, but to take whatever action the judgment may require."
Reference(s)
ILOAT Judgment(s): 1219
Keywords:
application for execution; consequence; execution of judgment; judgment of the tribunal; organisation's duties; res judicata;
Judgment 1328
76th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"A dispute of the kind Article II [of the Tribunal's Statute] refers to is not resolved until the Tribunal's judgment has been duly executed. So its competence is not exhausted when it passes judgment. Pending full execution the dispute remains unresolved and the Tribunal remains competent to rule on any issues that execution may raise."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
application for execution; competence of tribunal; execution of judgment; iloat statute; judgment of the tribunal;
Consideration 11
Extract:
"The Tribunal's rulings carry the authority of res judicata, save that in accordance with Article XII(1) of its Statute and the Annex thereto their validity may be challenged on referral by an organisation that has recognised its jurisdiction to the International Court of Justice on the grounds of lack of competence or a fundamental fault in the procedure followed."
Reference(s)
ILOAT reference: ARTICLE XII(1) OF THE STATUTE
Keywords:
advisory opinion of icj; application for execution; competence of tribunal; flaw; icj; iloat statute; judgment of the tribunal; procedure before the tribunal; res judicata;
Consideration 12
Extract:
As the International Court of Justice has held, "that rulings by international administrative tribunals are binding in particular where they make awards against organisations is the corollary of their judicial authority." (Advisory opinions of 13 July 1954 and 23 October 1956.) "In Judgment 553 [...] the Tribunal explained the nature of the obligation that its rulings lay on an organisation".
Reference(s)
ILOAT Judgment(s): 553
Keywords:
advisory opinion of icj; application for execution; compensation; execution of judgment; icj; judgment of the tribunal; organisation's duties; payment; res judicata; tribunal;
Judgment 1309
76th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
See Judgments 442 and 704, consideration 2.
Reference(s)
ILOAT Judgment(s): 442, 704
Keywords:
admissible grounds for review; application filed by the organisation; application for review; case law; exception; general principle; inadmissible grounds for review; judgment of the tribunal; mistake of law; new fact on which the party was unable to rely in the original proceedings; organisation; res judicata;
Judgment 1306
76th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"When a decision is quashed, it is deemed never to have been taken. The Administration must do whatever the correction of the position in law may require and by due process take a new decision that is free from the fatal flaws in the quashed one and that gives effect to the Tribunal's ruling in the light of the reasoning that underlies it."
Keywords:
application for interpretation; due process; effect; flaw; judgment of the tribunal; organisation's duties;
Consideration 7
Extract:
The complainant is challenging the UPU's interpretation and execution of Judgment 1235 in which the Tribunal quashed the Director-General's decision confirming his refusal to appoint him to a specific post and offering him compensation for moral injury. "The award of moral damages affords him redress for the injury the Union's unlawful act caused him up to the date of Judgment 1235; it does not relieve the Union of remedying that unlawful act by reviewing the matter of his rights, and this time doing it properly."
Reference(s)
ILOAT Judgment(s): 1235
Keywords:
application for interpretation; execution of judgment; flaw; injury; judgment of the tribunal; moral injury; organisation's duties; purpose;
Consideration 3
Extract:
The complainant submits that the Union failed to execute in full an earlier judgment in which the Tribunal gave him satisfaction. The UPU says that he failed to exhaust the internal means of appeal. The Tribunal holds that his application for interpretation "is receivable because the parties disagree on how to combine [two points of the ruling in the material judgment], only the Tribunal itself may resolve the issue, and there was no need to follow any internal appeal procedure beforehand".
Keywords:
application for interpretation; execution of judgment; internal remedies exhausted; judgment of the tribunal; receivability of the complaint; res judicata;
Judgment 1263
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The organization contends that one of [the complainant's] claims is irreceivable for failure to exhaust the internal means of redress. It observes that neither did he make a written protest on that score or an appeal to the Appeals Board. The claim was not even mentioned in the cause of the original proceedings which led to an earlier judgment of the Tribunal on a case also brought by the complainant. He does not deny that he made no internal appeal but merely asserts that it was discriminatory and unlawful not to grant him satisfaction. "So his complaint is indisputably irreceivable under this head."
Keywords:
claim; internal appeal; internal appeals body; internal remedies exhausted; judgment of the tribunal; receivability of the complaint;
Judgment 1242
74th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant submits that the organization did not do its utmost to reinstate him in execution of Judgment 1154. WIPO's letter "does not substantiate the contention that it had. it simply conveys the Director General's decision 'not to extend [the complainant]'s appointment'. It says nothing of any attempts to find him a suitable position and thereby discharge its primary obligation under Judgment 1154. [...] The Director General had the duty to justify his decision by explaining why it was impossible to reinstate the complainant [...] only in its reply to this complaint does the organization maintain that 'there was no possibility of reinstating the complainant since there was no suitable post to which he could be appointed given his qualifications'."
Reference(s)
ILOAT Judgment(s): 1154
Keywords:
application for execution; duty to substantiate decision; good faith; judgment of the tribunal; organisation; organisation's duties; refusal; reinstatement; reply; res judicata; submissions; tribunal;
Judgment 1238
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Tribunal orders the complainant's reinstatement. The organization "must do its utmost to reinstate him in the post which he held [...] or in any comparable one acceptable to him. Only if that proved impossible should it pay him additional damages equivalent to the salary, allowances and other entitlements which he would have received over a period of two years had he been reinstated in its employ as from the date of this judgment."
Keywords:
allowance; compensation; date; flaw; judgment of the tribunal; post; post held by the complainant; reinstatement; salary; termination of employment;
Judgment 1232
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant, a civil servant of the organization who had been sentenced in his country of origin, was released from prison but was not allowed to leave the country. Under duress he wrote a letter applying for early retirement which was forwarded to the organization by his government. The organization accepted the request and rejected the complainant's internal appeal against that decision. The Tribunal quashes the decision. "The organization must reinstate [the complainant] and restore pension and sickness insurance entitlements for himself and his dependants. It shall pay him damages reckoned according to the amount of the salary and allowances he would have been entitled to".
Keywords:
allowance; consequence; health insurance; illness; insurance; judgment of the tribunal; pension entitlements; reckoning; reconstruction of career; salary;
Judgment 1122
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainants want the Tribunal to set aside all the decisions that applied the "Eurocontrol reduction" to their salaries after 12 November 1987. To avoid the time bar, they rely on the emergence of a new fact, namely Judgment 1012, which quashed the decision to lower pay by 0.7 per cent before that date. "That judgment is final and has the authority of res judicata, including the ruling in it that certain claims are irreceivable. On no account may it be treated as a new fact setting off a new time limit for filing a complaint."
Reference(s)
ILOAT Judgment(s): 1012
Keywords:
adjustment; complaint; exception; judgment of the tribunal; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; reduction of salary; res judicata; salary; time bar;
Judgment 1110
71st Session, 1991
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
In Judgment 996 the Tribunal set aside the decision to dismiss the complainant and ordered his reinstatement "with full arrears of salary and allowances". In execution of that judgment the ESO reinstated him as a member of its health insurance scheme as from the date of dismissal and deducted the corresponding premiums from his pay. The complainant's objections to the deductions are mistaken. The intention of Judgment 996 was, as far as possible, to put the complainant in the same position as if he had not been dismissed. The Tribunal is satisfied that in respect of health insurance the organisation has complied with the letter and the spirit of the judgment.
Reference(s)
ILOAT Judgment(s): 996
Keywords:
application for interpretation; consequence; contributions; deduction; health insurance; insurance; interpretation; judgment of the tribunal; medical expenses; payment; reinstatement; salary;
Judgment 1070
70th Session, 1991
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was dismissed for having got the ILO/ITU Health Fund to reimburse medical costs incurred by his former wife when another health scheme had already met them. "It is irrelevant to his plea of good faith that he has instigated criminal proceedings against her in the French courts on the grounds of fraud, though he might cite her conviction, if she were found guilty of the charges, as a new fact warranting review."
Keywords:
dependant; evidence; good faith; health insurance; judgment of the tribunal; medical expenses; misconduct; municipal court; request by a party; termination of employment;
Judgment 1005
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant claimed the benefit of a decision delivered on 12 December 1986 (Judgment 792). She got notice of the organisation's final decision to refuse her claim in a letter dated 26 February 1988. But she failed to challenge that decision within the ninety-day limit laid down in Article VII(2) of the Statute. So her complaint is time-barred.
Reference(s)
ILOAT reference: ARTICLE VII(2) OF THE STATUTE
Keywords:
complaint; enforcement; judgment of the tribunal; receivability of the complaint; request by a party; time bar; time limit;
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