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 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 1306
76th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 1168
73rd Session, 1992
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In his original complaint the applicant stated his claim in dollars and he was accordingly awarded and paid the amount in that currency. If there was any risk of loss due to fluctuations in the rate of exchange, he ought to have raised the issue in the context of his original complaint. [...] Since he chose to state his claim in dollars and succeeded, the matter is res judicata and he may not have it reconsidered. There is no merit in his plea that 'lack of experience' explains why he did not think of the effect of changing rates of exchange: ignorantia juris haud excusat."
Keywords:
application for execution; currency of payment; duty to be informed; duty to know the rules; exchange rate; execution of judgment; ignorance of the rules; res judicata;
Judgment 874
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"A debt of moneys is to be discharged by the date of payment stipulated either in the contract or by some general provision. Where payment is late, the rule is that there shall be a compensatory award of interest, the amount being set without making the creditor show specific injury."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
administrative delay; amount; date; delay in payment; execution of judgment; injury; interest on damages; judgment of the tribunal; payment;
Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The Tribunal refers the complainant back to the organization for retroactive restoration of his status as an official. "Yhe Director-General will exercise his discretion in executing this judgment. The Tribunal may not give directions but trusts that the matter will be looked into, after consultation with the complainant, in an attempt to reach a settlement."
Keywords:
competence of tribunal; discretion; execution of judgment; judgment of the tribunal; reconstruction of career;
Judgment 732
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"This complaint is not about execution as such but about the allegedly harmful consequences of the way in which the FAO executed Judgment 620. That is not a matter that is ordinarily connected with execution and it is therefore one that must go through the internal appeal procedure before it can come to the Tribunal."
Reference(s)
ILOAT Judgment(s): 297, 620
Keywords:
application for execution; complaint; consequence; execution of judgment; injury; internal remedies exhausted; judgment of the tribunal; new claim; receivability of the complaint;
Judgment 706
57th Session, 1985
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant is also entitled to interest at 10 per cent a year on the sums due under this judgment from 3 May 1984, the date on which he asked UNESCO to execute Judgment 607 and from which there was a demand to pay."
Reference(s)
ILOAT Judgment(s): 607
Keywords:
amount; application for execution; date; execution of judgment; formal demand for payment; interest on damages; judgment of the tribunal; payment; penalty for delay;
Consideration 9
Extract:
In Judgment 607 the Tribunal decided that the complainant had the right to a medical leave as of 1 April 1981 and sent him back to the organization for it to set, after a medical inquiry, the duration of the leave. "The Tribunal concludes that, contrary to its own wishes and to the Director-General's instructions, the organization made a decision without consulting the complainant and refused to discuss questions of fact. To settle the matter once and for all the Tribunal will increase the period of leave from six to nine months, i.e. from 1 April to 31 December 1981."
Reference(s)
ILOAT Judgment(s): 607
Keywords:
execution of judgment; judgment of the tribunal; organisation; refusal; sick leave; tribunal;
Consideration 2
Extract:
"The Tribunal's judgments have the authority of res judicata. An international organisation which has recognised the Tribunal's jurisdiction is therefore bound not merely to refrain from acting in disregard of a judgment, but first and foremost to take whatever action the judgment may require. The judgment must be both respected and executed."
Keywords:
consequence; execution of judgment; judgment of the tribunal; organisation's duties; res judicata;
Consideration 4
Extract:
Judgment 607 was delivered on 12 April 1984 and executed on 21 August 1984. The Tribunal found such a lapse to be reasonable.
Reference(s)
ILOAT Judgment(s): 607
Keywords:
execution of judgment; judgment of the tribunal; reasonable time; time limit;
Consideration 10
Extract:
The organization failed to give proper effect to Judgment 607. The complainant wins his case. He is entitled to interest on the amounts due him from the date on which he asked UNESCO to execute Judgment 607 and from which there was a demand to pay.
Reference(s)
ILOAT Judgment(s): 607
Keywords:
date; delay in payment; execution of judgment; formal demand for payment; interest on damages; judgment of the tribunal; payment; penalty for delay;
Judgment 649
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant invites the Tribunal to order the immediate execution of the judgment in question. The organisation pleads that the claim is irreceivable on the grounds that the complainant has failed to exhaust the internal means of redress. "This plea is unsound. Failure to execute a judgment does not constitute breach of the Staff Regulations or of the contract of employment or unjustifiable or unfair treatment and therefore cannot come under [the Staff Regulations]. What the complainant is asking for is neither more nor less than execution of a decision by the Tribunal on a matter within its competence, and the Tribunal may determine whether due effect has been given to that decision."
Keywords:
application for execution; claim; competence of tribunal; execution of judgment; internal remedies exhausted; judgment of the tribunal; receivability of the complaint;
Judgment 609
52nd Session, 1984
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1, 2 and 4
Extract:
"By [its] judgment, the Tribunal ordered the organization to pay to the complainant $40,000 as 'compensation for the unlawful termination of his contract' and also $6,000 as costs." The organization paid that sum to the complainant in execution of the said judgment. The complainant seeks reimbursement for any taxes he might have to pay on the sum. "No obscurity in the judgment is alleged or identified. [...] The argument does not attempt to bring the case within the very limited grounds on which the tribunal permits reconsideration or review." The complaint is dismissed.
Reference(s)
ILOAT Judgment(s): 523
Keywords:
application for interpretation; application for review; execution of judgment; inadmissible grounds for review; judgment of the tribunal; material damages; refund; tax;
Judgment 553
50th Session, 1983
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Tribunal's judgments have the authority of res judicata. An [...] organisation [...] is therefore bound [...] first and foremost to take whatever action the judgment may require. That the judgment must be both respected and executed are thus principles which are beyond dispute, and they apply, in particular, where the organisation is ordered to pay a sum of money. The debtor's obligation to pay must as a rule be discharged immediately unless the judgment states that the sum shall be payable only at some later date."
Reference(s)
ILOAT Judgment(s): 463
Keywords:
execution of judgment; formal demand for payment; judgment of the tribunal; organisation's duties; res judicata; time limit;
Considerations 1-2
Extract:
The material judgment was immediately operative. "The complainant seeks, and is entitled to, payment of interest in compensation for the damage he has suffered through the [organisation's] delay in giving effect to the judgment".
Reference(s)
ILOAT Judgment(s): 463
Keywords:
administrative delay; application for execution; execution of judgment; injury; interest on damages; judgment of the tribunal; penalty for delay;
Judgment 543
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Following two previous judgments [Nos. 375 and 392], "the complainant [found herself] in the position of a person holding an appointment without a post. She was therefore entitled to demand to be assigned to a suitable post and put back on the payroll. This would not exclude a fresh assignment to Brasilia, the Tribunal having in Judgment No. 375 rejected the complainant's objections to that post. Whether or not the incumbent in Brasilia was there on a temporary basis, it was open to the Director to create a vacancy there and assign the complainant to it. However, the complainant did not take the initiative in this respect."
Reference(s)
ILOAT Judgment(s): 375, 392
Keywords:
assignment; complainant; discretion; execution of judgment; judgment of the tribunal; refusal;
Consideration 9
Extract:
"There is an allegation of bad faith based on the fact that the organization did nothing to facilitate the complainant's return to it. The allegation fails. In view of the complainant's attitude the only way in which the organization could have facilitated her return would have been by conceding to her the right to veto the place of work assigned to her. to refuse to make such a concession is not bad faith."
Keywords:
assignment; execution of judgment; good faith; judgment of the tribunal; organisation; reinstatement;
Judgment 234
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]here can be no claim in respect of currency devaluation as such." But there can be a claim for compensation for the delay in payment. "In the circumstances of [the] case this compensation should be assessed as the diminution in the amount of rupees eventually received by the complainant, the diminution being due to the change in the rupee/dollar rate during the period of delay."
Keywords:
administrative delay; amendment to the rules; competence of tribunal; consequence; currency of payment; delay in payment; exchange rate; execution of judgment; injury; judgment of the tribunal; material damages; moral injury; receivability of the complaint;
Judgment 226
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
By Judgment No. 194, the Administrative Tribunal quashed as being based on insufficient grounds the decision not to confirm the complainant's appointment. In execution of that judgment an ad hoc committee was set up to examine the case. In the light of the very full report of that committee, "the Director-General took a considered decision in full knowledge of the facts. The organization has thus corrected the procedural irregularity which led to the quashing of the decision".
Reference(s)
ILOAT Judgment(s): 194
Keywords:
case sent back to organisation; confirmatory decision; duty to substantiate decision; execution of judgment; flaw; formal flaw; judgment of the tribunal; probationary period; termination of employment;
Judgment 176
26th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The liability of the organization to pay compensation is established by Judgment No. 136 [under two heads:] [...] compensation to the complainant for the non-renewal of his contract [...] and compensation for moral damage for illegal suspension from duty."
Reference(s)
ILOAT Judgment(s): 136
Keywords:
contract; execution of judgment; fixed-term; injury; judgment of the tribunal; material damages; moral injury; non-renewal of contract; suspension;
Judgment 135
22nd Session, 1969
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Following a decision tainted by a mistake of law, the Tribunal in Judgment 122 referred the case back to the organisation for a new decision on complainant's application for a permanent post "after considering, in the light of all the evidence in the dossier, whether complainant did in fact meet the requirements for appointment as an international official." After a further rejection, it was established that the organisation "did in fact consider the qualifications, morality and integrity of the applicant; so that it in no way infringed the Tribunal's judgment, but on the contrary conformed strictly to the considerations and decisions of the judgment [...]."
Reference(s)
ILOAT Judgment(s): 122
Keywords:
application for execution; confirmatory decision; execution of judgment; judgment of the tribunal; qualifications; res judicata;
Judgment 94
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Tribunal did not hold in its Judgment 90 that the reinstatement of the complainant was inadvisable. Such reinstatement was possible. "Consequently, the Organization must comply with the judgment given and pronounce [his] reinstatement [...] as from the date at which his employment was illegally terminated, and this implies that, in addition to the payment of arrears of salary, the Organization must offer him either the same post or one substantially equivalent."
Reference(s)
ILOAT Judgment(s): 90
Keywords:
application for execution; execution of judgment; judgment of the tribunal; reinstatement;
Consideration 3
Extract:
"By Judgment No. 90 [...] the Tribunal quashed the decision [...] dismissing [the complainant], thereby finding that his reinstatement was possible and not inadvisable; this judgment, which disposes of the issues raised is final, and the organization cannot reopen these issues." [The organization submitted that it had been unable to make its objections to reinstatement in time and that such reinstatement was moreover impossible; it asked the Tribunal to award compensation in lieu of reinstatement.]
Reference(s)
ILOAT Judgment(s): 90
Keywords:
decision quashed; execution of judgment; finality of judgment; judgment of the tribunal; material damages; reinstatement; res judicata; termination of employment;
Consideration 4
Extract:
At the time of the judgment the Tribunal found that reinstatement was not inadvisable. Reinstatement will again be possible upon the expiry of the appointment of the complainant's successor, "execution of the judgment being a valid reason for non-renewal of his appointment."
Keywords:
execution of judgment; judgment of the tribunal; non-renewal of contract; reinstatement;
Judgment 82
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant "is entitled to an indemnity compensating him for the damage he has suffered through the delay on the part of [the organisation] in giving effect to [...] the operative part of the [...] judgment [in question]." It emerges from the dossier that this damage will be equitably remedied by deciding that the sum which the organisation must pay - and the amount of which had been fixed by order - shall bear interest at the rate of 5 per cent, payable as from the thirtieth day after notification of the said order.
Reference(s)
ILOAT Judgment(s): 61
Keywords:
administrative delay; amount; execution of judgment; injury; interest on damages; judgment of the tribunal; penalty for delay;
Consideration 6
Extract:
The organisation "has the option of asking the International Court of Justice for an opinion, which is binding [...]. This option, which can [...] be used without any restriction as to time, does not affect, in the absence of any explicit provisions in [...] Article XII [of the Statute of the Tribunal], the immediately operative character of those judgments. With regard to the opinion which the organisation may possibly request from the Court by virtue of [...] the agreement between the United Nations and [the organisation], this opinion is only of an advisory character and could not, in any event, have any influence on the execution of the judgment by the Tribunal."
Reference(s)
ILOAT reference: ARTICLE XII OF THE STATUTE
ILOAT Judgment(s): 61
Keywords:
advisory opinion of icj; binding character; delay in payment; execution of judgment; icj; judgment of the tribunal; organisation; suspensory effects;
Consideration 1
Extract:
The complainant's submissions aimed at remedying the damage suffered through the delay on the part of the organisation in giving effect to the part of the judgment in question. They "thus bear upon the rights devolving directly from this judgment, delivered within the bounds of the competence of the Tribunal. The Tribunal is therefore competent to examine the new complaint [...] and, in particular, to judge whether it is appropriate to award compensation to remedy the damage caused by an infringement of those rights."
Reference(s)
ILOAT Judgment(s): 61
Keywords:
administrative delay; application for execution; cause of action; competence of tribunal; execution of judgment; injury; judgment of the tribunal;
Consideration 5
Extract:
"In accordance with a well-established and generally recognised principle of law, any judgment compelling one party to pay to the other party a sum of money implies, in itself, the obligation to pay that sum without delay. It could be otherwise only in the event that the judgment expressly mentioned that this sum would be payable only at a later date and where the Statutes of the court concerned make provision for the right to appeal against the judgments delivered by it and formally state that exercise of that right of appeal carries suspensory effect on execution of those judgments."
Reference(s)
ILOAT Judgment(s): 61
Keywords:
delay in payment; exception; execution of judgment; judgment of the tribunal; organisation's duties; suspensory effects; time limit;
