Application for execution (5,-666)

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Keywords: Application for execution
Total judgments found: 108

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• 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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