Res judicata (94, 95, 96, 97,-666)
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Keywords: Res judicata
Total judgments found: 154
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Judgment 4736
136th Session, 2023
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 4571.
Consideration 11
Extract:
The Tribunal concludes that, as the complainant is essentially confining herself in revisiting arguments advanced unsuccessfully in her fourth complaint and expressing disagreement with the Tribunal’s appraisal of the evidence and interpretation of the law, her application for review is in fact a mere attempt to reopen issues already settled in the original judgment (see, for similar cases, Judgments 4122, consideration 7, and 3897, consideration 4). The matters raised are res judicata and she puts forward no legitimate ground to reopen the findings made by the Tribunal in the original judgment (see Judgments 4440, consideration 7, and 3479, consideration 6).
Reference(s)
ILOAT Judgment(s): 3479, 3897, 4122, 4440
Keywords:
application for review; res judicata;
Judgment 4722
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2015.
Consideration 5
Extract:
[T]he complainant’s administrative status, which is the focus of his objection, is res judicata since it has been the subject of a number of internal appeals and complaints he has filed with the Tribunal, some of which have resulted in judgments (see Judgments 4642 and 4640).
Reference(s)
ILOAT Judgment(s): 4640, 4642
Keywords:
res judicata;
Judgment 4717
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his staff report for 2014.
Consideration 3
Extract:
[T]he complainant’s administrative status, which is the focus of his objection, is res judicata since it has been the subject of a number of internal appeals and complaints he has filed with the Tribunal, some of which have resulted in judgments (see Judgments 4642 and 4640).
Reference(s)
ILOAT Judgment(s): 4640, 4642
Keywords:
res judicata;
Judgment 4682
136th Session, 2023
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his request for post reclassification.
Consideration 4
Extract:
The complainant cannot benefit from Judgment 3907 by relying on the principles of res judicata or stare decisis in order to elude the time limit for challenging the classification of his post. It must be recalled that Judgment 3907 set aside individual decisions based on Information Circular ICC/INF/2014/011 entitled “Principles and Procedures Applicable to Decisions Arising from the ReVision Project”. It held that pursuant to Presidential Directive ICC/PRESD/G/2003/001 of 9 December 2003, the Principles and Procedures should have been promulgated by an Administrative Instruction or, arguably, by a Presidential Directive. “As the promulgation of the Principles and Procedures by Information Circular was in violation of the Presidential Directive, they were without legal foundation and are, therefore, unlawful as are the decisions taken pursuant to the Principles and Procedures. It follows that the decisions to abolish the complainant’s position and to terminate the complainant’s appointment were also unlawful and will be set aside” (see Judgment 3907, consideration 26). Although the reference to the unlawfulness of “the decisions taken pursuant to the Principles and Procedures” may appear to be made in general terms, Judgment 3907 only concerns the decisions impugned in that case by the complainant who was party to that judgment, and it does not apply to third parties. Judgment 3907 has no res judicata authority in the present case, as the force and effect of res judicata can only be attributed to a judgment rendered between the same parties on the same subject matter, and this is not the case here. It is entrenched in the Tribunal’s case law that there is no exception to the general rule of res judicata, not even when a decision is of “general” application. The judgments of the Tribunal operate only in personam and not in rem. Notwithstanding the generality of the terms in which the Tribunal may dispose of a case before it, the judgment has effect only as between the parties to it (see Judgment 2220, consideration 5). Judgment 3907 has no effect on previously adopted individual decisions which were not impugned in due time (see Judgment 3357, considerations 13 and 14).
Reference(s)
ILOAT Judgment(s): 2220, 3357, 3907
Keywords:
res judicata; time limit;
Judgment 4525
134th Session, 2022
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal of his request to be awarded monetary compensation for the material and moral injury he allegedly sustained as a consequence of the IAEA’s failure to investigate allegations of harassment made against him.
Judgment keywords
Keywords:
complaint dismissed; res judicata; summary procedure;
Judgment 4501
134th Session, 2022
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term appointment beyond its expiry date while she was on sick leave.
Consideration 3
Extract:
It is well established by the case law that the principle of res judicata operates to bar a subsequent proceeding only where the parties, the purpose of the suit and the cause of action are the same as in the earlier case (see, for example, Judgments 1216, consideration 3, 2993, consideration 6, 3248, consideration 3, 3867, consideration 9, 3950, consideration 6, and 4183, consideration 8).
Reference(s)
ILOAT Judgment(s): 1216, 2993, 3248, 3867, 3950, 4183
Keywords:
res judicata;
Judgment 4498
134th Session, 2022
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to reject his claim concerning a surviving spouse’s pension.
Consideration 5
Extract:
The Tribunal observes that Judgment 3876 has no “res judicata” authority in the present case, since the force and effect of “res judicata” can only be attributed to a judgment rendered between the same parties, and this is not the case here. The applicable approach is stare decisis.
Reference(s)
ILOAT Judgment(s): 3876
Keywords:
precedent; res judicata; stare decisis;
Judgment 4438
132nd Session, 2021
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims compensation for moral harm caused by statements made before the Council of Administration, which he describes as defamatory and calumnious.
Judgment keywords
Keywords:
complaint dismissed; res judicata; summary procedure;
Judgment 4414
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants filed applications for review of Judgment 4195.
Consideration 2
Extract:
It is well settled that the Tribunal’s judgments are final and carry the authority of res judicata. They may be reviewed only in exceptional circumstances and on strictly limited grounds. The only admissible grounds therefor are failure to take account of material facts, a material error (in other words, a mistaken finding of fact involving no exercise of judgement, which thus differs from misinterpretation of the facts), an omission to rule on a claim, or the discovery of new facts on which the complainant was unable to rely in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. On the other hand, pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea afford no grounds for review (see, for example, Judgments 3001, consideration 2, 3452, consideration 2, 3473, consideration 3, 3634, consideration 4, 3719, consideration 4, and 3897, consideration 3).
Reference(s)
ILOAT Judgment(s): 3001, 3452, 3473, 3634, 3719, 3897
Keywords:
admissible grounds for review; inadmissible grounds for review; res judicata;
Judgment 4387
131st Session, 2021
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants filed applications for execution of Judgment 4155.
Consideration 6
Extract:
The principle of res judicata operates only on the judicial determination of issues raised in proceedings (see, for example, Judgment 2316, consideration 11).
Reference(s)
ILOAT Judgment(s): 2316
Keywords:
res judicata;
Judgment 4355
131st Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the review of Judgment 4182.
Judgment keywords
Keywords:
application for review; complaint dismissed; res judicata;
Judgment 4331
131st Session, 2021
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to directly appoint her to posts which became vacant during the two years following the termination of her appointment owing to the abolition of her post.
Judgment keywords
Keywords:
complaint dismissed; res judicata; selection procedure;
Judgment 4330
130th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the President’s new final decision to reject his appeal, arguing that the whole procedure was unlawful.
Judgment keywords
Keywords:
complaint dismissed; precedent; res judicata; summary procedure;
Judgment 4323
130th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Tribunal's decision in Judgment 4256 to dismiss his complaints as a result of the withdrawal of the impugned decisions.
Judgment keywords
Keywords:
complaint dismissed; res judicata;
Judgment 4241
129th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint challenges the decision to dismiss her complaint of harassment as unsubstantiated.
Consideration 7
Extract:
WHO raises receivability as a threshold issue. It argues that matters which are raised in this case are irreceivable insofar as they are covered by separate proceedings, including the complainant’s first complaint contesting the decision to reassign her as Senior Advisor, SIE, and other proceedings that are being pursued by the complainant independently of the challenge to the impugned decision to close her harassment complaint. However, it is relatively clear that the allegations insofar as they may concern those other matters are intended to establish an aspect of the unlawfulness of the decision to close the harassment complaint and the complainant’s claims are cast no wider. It is open to the complainant to follow this course (see, for example, Judgment 4149, consideration 7).
Reference(s)
ILOAT Judgment(s): 4149
Keywords:
harassment; receivability of the complaint; res judicata;
Judgment 4235
129th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for interpretation and execution of Judgment 4093.
Consideration 9
Extract:
It should [...] be recalled that the Tribunal’s judgments, which, under Article VI of its Statute, are “final and without appeal” and which, furthermore, have res judicata authority, are immediately operative (see, for example, Judgments 3003, consideration 12, and 3152, consideration 11). As they may not later be called into question except when an application for review is allowed, they must be executed by the parties as ruled (see, for example, Judgments 3566, consideration 6, 3635, consideration 4, and [...] 3822, consideration 9).
Reference(s)
ILOAT reference: Article VI of the Statute
ILOAT Judgment(s): 3003, 3152, 3566, 3635, 3822
Keywords:
execution of judgment; res judicata;
Judgment 4204
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision of the Appeals Committee to close the case in light of Judgment 3893.
Consideration 6
Extract:
As the Tribunal’s decision in Judgment 3893 is res judicata, the Appeals Committee rightly determined that it could not re-open the case.
Reference(s)
ILOAT Judgment(s): 3893
Keywords:
internal procedure; res judicata;
Judgment 4202
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgments 3887 and 3986 and contests the implied rejection of his request for the execution of those judgments.
Judgment keywords
Keywords:
application for execution; complaint dismissed; res judicata; summary procedure;
Consideration 8
Extract:
In Judgment 3986 delivered in public on 26 June 2018 on the application for execution of Judgment 3887, the Tribunal provided clear explanations as to how Judgment 3887 must be interpreted and executed. These issues cannot be reopened again.
Reference(s)
ILOAT Judgment(s): 3887, 3986
Keywords:
res judicata;
Judgment 4187
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for interpretation of Judgment 4052.
Consideration 7
Extract:
The complainant’s request for clarification under (a) in consideration 3 [...] is an attempt to relitigate a question which was already decided in Judgment 4052 and which is therefore res judicata.
Reference(s)
ILOAT Judgment(s): 4052
Keywords:
application for interpretation; res judicata;
Judgment 4183
128th Session, 2019
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions not to select him for three positions for which he had applied as a priority candidate.
Considerations 7-8
Extract:
The principle of res judicata, relied on by the ICC, serves at least two important purposes. One is to ensure that courts are not called on to determine again causes of action that were resolved in an earlier judgment. There is a clear public benefit in courts being freed from the task of doing so, particularly given the demand on courts both internationally and nationally to resolve disputes expeditiously, often in the face of increasing numbers of cases requiring resolution. The principle is intended to create finality in litigation. Another purpose is to ensure that a party against whom proceedings are brought is not required to defend again, with the attendant cost and inconvenience, a case earlier defended and resolved, irrespective of who was successful in the earlier proceedings. In circumstances where a party is successful in the earlier proceedings and obtains a remedy, no obvious public purpose is served in enabling the litigation of a case that may (though may not) result in the same remedy.
The Tribunal, in its case law, has identified the principle of res judicata as operating in circumstances where, in later litigation, the parties, the purpose of the suit and the cause of action are the same as in the earlier case (see, for example, Judgments 1216, consideration 3, 2993, consideration 6, and 3248, consideration 3).
Reference(s)
ILOAT Judgment(s): 1216, 2993, 3248
Keywords:
res judicata;
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