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Application for execution (5,-666)

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Keywords: Application for execution
Total judgments found: 100

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  • 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 6

    Extract:

    "[S]ince the dispute arose out of the decision not to renew [the complainant's] two-year appointment, the organization is right as a matter of principle to refuse his claim to damages for loss of a full career. The two consecutive awards of one year's salary afford sufficient redress to someone who had a rightful expectation of renewal for no more than two years. His claims under this head fail."

    Keywords:

    amount; application for execution; career; compensation; contract; fixed-term; injury; legitimate expectation; non-renewal of contract;

    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 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;

    Consideration 13

    Extract:

    "The possibility of cancellation of WIPO's recognition of the Tribunal's jurisdiction calls for no comment save that making an international organisation's decisions subject to judicial review affords a basic safeguard both of its own interests and of staff rights."

    Keywords:

    application for execution; competence of tribunal; declaration of recognition; judicial review; organisation's interest; right of appeal; safeguard; staff member's interest;

    Consideration 17

    Extract:

    Vide Judgment 732, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 732

    Keywords:

    application for execution; case law; internal appeal; internal remedies exhausted; receivability of the complaint;

    Consideration 19

    Extract:

    "As for [WIPO's] failure to take the 'new decision' ordered in point 2 [of the operative part of the judgment whose application is sought], it is in breach of good faith in forcing the complainant to the point of appealing against a refusal he has to infer from its own silence. Under point 2 it is required to give him an express and properly substantiated decision on the matter of reinstatement".

    Keywords:

    application for execution; duty to substantiate decision; express decision; good faith; implied decision; organisation's duties; reinstatement;



  • Judgment 1313


    76th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    In an earlier judgment the Tribunal ordered the WHO to reinstate the complainant or, failing that, to pay him compensation. The WHO paid him the compensation after stating in a letter to him that it was unable to reinstate him. "The letter [...] does not say why reinstating him proved impossible. It is mere notification, not an explanation [...] its decision not to reinstate him therefore cannot stand."

    Keywords:

    application for execution; duty to substantiate decision; material damages; refusal; reinstatement; subsidiary;



  • 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 1220


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant is challenging a decision whereby another official, he alleges, was wrongfully granted or allowed to keep financial and other benefits. The complainant was no longer in the WHO's employ when the impugned decision was taken. "As the Tribunal held in Judgment 732 [...], a complaint 'would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury'; and again, in Judgment 764 [...] 'a decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury'. the complainant having suffered no injury and being therefore unable to show any cause of action, his application is irreceivable and must fail."

    Reference(s)

    ILOAT Judgment(s): 732, 764

    Keywords:

    application for execution; case law; cause; cause of action; complaint; injury; lack of injury; receivability of the complaint; status of complainant;



  • 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 1043


    69th Session, 1990
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant submitted an application for execution of Judgment 922 that set aside the decision to dismiss him. The UPU subsequently notified the Tribunal that it had reversed the decision and would offer the complainant compensation. The Tribunal took note of the Union's undertaking and awarded him 10,000 Swiss francs in damages for all the forms of injury he sustained and 1,000 francs towards costs.

    Reference(s)

    ILOAT Judgment(s): 922

    Keywords:

    application for execution; case pending; cause of action; costs; injury; material damages; moral injury; no cause of action; settlement out of court;



  • Judgment 921


    65th Session, 1988
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The text of the operative part [of Judgment 868] is clear and calls for no explanation or interpretation. Should the parties fail to agree on how to give effect to the Tribunal's ruling, the complainant may, once the internal means of redress have been exhausted as required by Article VII of the Statute, seek from the Tribunal a further ruling on any decision or decisions the competent administration may have taken in execution of the judgment."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE
    ILOAT Judgment(s): 868

    Keywords:

    application for execution; application for interpretation;



  • 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;



  • 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 569


    51st Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The expert's fee [...] has been paid by the International Labour Organization. Since the expert's inquiry was a step in assessing the amount of the compensation for which the defendant organization is liable, the cost of the inquiry must be borne by the organization." It will reimburse the ILO with the amount in question.

    Reference(s)

    ILOAT Judgment(s): 480

    Keywords:

    application for execution; cost of expert inquiry; organisation; payment;



  • Judgment 553


    50th Session, 1983
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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 480


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "As the Tribunal has said [...] in Judgment No. 431, the compensation generally awarded [upon non-renewal of contract] is less than the remuneration which the complainant would have received had he been reinstated. This is because he is not necessarily deprived of all means of livelihood."

    Reference(s)

    ILOAT Judgment(s): 427, 431

    Keywords:

    amount; application for execution; contract; fixed-term; material damages; non-renewal of contract; reckoning; salary;

    A

    Extract:

    In accordance with the Tribunal's decision in Judgment No. 427, the complainant submitted claims for compensation. The organization paid the complainant various sums. The complainant is still not satisfied and asks the Tribunal to assess the balance which he believes to be due.

    Reference(s)

    ILOAT Judgment(s): 427

    Keywords:

    amount; application for execution; damages;



  • Judgment 401


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The organization's methods of calculating salary and related benefits are now so complicated as to leave many avenues open to exploration by anyone who, like the complainant, makes any serious attempt to understand the computation."

    Reference(s)

    ILOAT Judgment(s): 323

    Keywords:

    allowance; application for execution; reckoning; salary;



  • 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;



  • Judgment 82


    14th Session, 1965
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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;

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