Judgment No. 3764

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 08.02.2017
• Original: French
• Judges: Rouiller, Frydman, Diakité
• Full judgment text - Full judgment text (french)

Decision

1. The decision of 5 November 2013 is set aside.
2. UNESCO shall pay the complainant compensation in the amount of 13,000 euros for moral injury.
3. It shall also pay him costs in the amount of 500 euros.
4. All other claims are dismissed.

Summary

The complainant challenges the dismissal of his request for a review of the classification of his post.

Judgment keywords

Keywords

complaint allowed; decision quashed; post classification

Consideration 3

Extract:

It should be recalled that it is not for the Tribunal to make declarations of law (see Judgment 2649, under 6). The parties’ claims seeking various declarations in law by the Tribunal should really be regarded merely as pleas in support of their claims for the setting aside of decisions and the award of compensation. A long line of precedent has it that such claims seeking declarations in law are irreceivable where, as in this case, they are devoid of legal effect per se (see, for example, Judgments 1546, under 3, 2299, under 5, and 3206, under 8). These claims seeking declarations in law must be dismissed on this ground.

Reference(s)

ILOAT Judgment(s): 1546, 2299, 2649, 3206

Keywords

declaration of law