Judgment No. 3125

• Organization: Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO PrepCom)
• Date: 04.07.2012
• Original: French
• Judges: Ba, Rouiller, Frydman
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision of 15 February 2010 is set aside.
2. The Commission shall pay the complainant 15,000 euros in compensation for moral injury.
3. It shall also pay her 3,000 euros in costs.
4. All other claims are dismissed.

Consideration 12

Extract:

"In Judgment 3077 the Tribunal held that an appeal board had been wrong, when defining its own competence, to rely on the Tribunal's case law concerning its limited power of review, and that a complainant was right in saying that the board was not an administrative court whose sole responsibility in principle was to review the lawfulness of contested decisions."

Reference(s)

ILOAT Judgment(s): 3077

Keywords

internal appeals body

Consideration 9

Extract:

The defendant [...] asserts that the complaint is irreceivable because it was not signed by the complainant herself and
the person who is presented as her agent has not submitted a power of attorney, as required by Article 5, paragraph 2, of the Rules [of the Tribunal].
The complainant states that a power of attorney was filed with the Registry of the Tribunal, which acknowledged it, and this has been verified.
This objection to receivability must therefore be dismissed as factually unsound.

Keywords

counsel; power of attorney

Judgment keywords

Keywords

complaint allowed; decision quashed; appointment; extension of contract