Judgment of the Tribunal (120, 22, 23, 121, 122, 123, 690, 871, 124, 125, 126, 842, 128, 129, 130, 131, 132, 127, 133, 134, 745, 135, 136, 137, 138, 139, 672, 825, 826, 140, 315, 644, 650, 676, 689, 692, 693, 665, 740, 886, 914,-666)
You searched for:
Keywords: Judgment of the Tribunal
Total judgments found: 144
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Judgment 999
68th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Since the breach of due process in the internal appeal proceedings has held up the final determination of the matter and caused the complainant injury whatever the outcome may eventually be, the Tribunal orders the Organization to pay him lump-sum damages in the amount of 500 United States dollars."
Keywords:
administrative delay; amount; injury; judgment of the tribunal; material damages; moral injury; procedural flaw;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
As to res judicata, "a judgment that dismisses a complaint has only relative force in that it is binding only on those who are parties to the case."
Keywords:
effect; judgment of the tribunal; res judicata;
Judgment 874
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"A debt of moneys is to be discharged by the date of payment stipulated either in the contract or by some general provision. Where payment is late, the rule is that there shall be a compensatory award of interest, the amount being set without making the creditor show specific injury."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
administrative delay; amount; date; delay in payment; execution of judgment; injury; interest on damages; judgment of the tribunal; payment;
Consideration 3
Extract:
"The ILO further submits that, having made no award of interest, the Tribunal may be deemed to have declined to do so. The plea is mistaken. To allow it would be to infer legal effect from the Tribunal's refusing or failing to rule. That would be quite wrong since there can be no implied decision to dismiss a claim when dismissal is not the necessary outcome of the judgment."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
consequence; effect; interest on damages; judgment of the tribunal; refusal; tribunal;
Judgment 872
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"A decision by a national court cannot be binding on the Tribunal, which is the body of final instance competent to interpret the Staff Rules as an issue of law."
Keywords:
competence of tribunal; consequence; iloat; interpretation; judgment of the tribunal; last instance; municipal court; staff regulations and rules;
Judgment 860
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"Desirable though it may be that the various bodies that hear disputes in the international civil service take account of each other's rulings, each of them has a legal context of its own and will rule by its own lights on any case before it."
Reference(s)
ILOAT Judgment(s): 657
Keywords:
applicable law; application for review; case law; effect; european court of justice (ecj); iloat; judgment of the tribunal; law of european communities;
Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The Tribunal refers the complainant back to the organization for retroactive restoration of his status as an official. "Yhe Director-General will exercise his discretion in executing this judgment. The Tribunal may not give directions but trusts that the matter will be looked into, after consultation with the complainant, in an attempt to reach a settlement."
Keywords:
competence of tribunal; discretion; execution of judgment; judgment of the tribunal; reconstruction of career;
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 726
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"It is because of the terms on which the levy is at present being imposed that the Tribunal deems it not to disrupt the structure of the contract and amount to breach of an acquired right. But should any feature of the levy - particularly its duration - be so altered as to make the arrangements substantially different, that would be a new fact and the Tribunal would wish to reconsider if the matter came before it again."
Keywords:
acquired right; judgment of the tribunal; new fact on which the party was unable to rely in the original proceedings; reduction of salary; salary;
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;
Consideration 9
Extract:
In Judgment 607 the Tribunal decided that the complainant had the right to a medical leave as of 1 April 1981 and sent him back to the organization for it to set, after a medical inquiry, the duration of the leave. "The Tribunal concludes that, contrary to its own wishes and to the Director-General's instructions, the organization made a decision without consulting the complainant and refused to discuss questions of fact. To settle the matter once and for all the Tribunal will increase the period of leave from six to nine months, i.e. from 1 April to 31 December 1981."
Reference(s)
ILOAT Judgment(s): 607
Keywords:
execution of judgment; judgment of the tribunal; organisation; refusal; sick leave; tribunal;
Consideration 2
Extract:
"The Tribunal's judgments have the authority of res judicata. An international organisation which has recognised the Tribunal's jurisdiction is therefore bound not merely to refrain from acting in disregard of a judgment, but first and foremost to take whatever action the judgment may require. The judgment must be both respected and executed."
Keywords:
consequence; execution of judgment; judgment of the tribunal; organisation's duties; res judicata;
Consideration 4
Extract:
Judgment 607 was delivered on 12 April 1984 and executed on 21 August 1984. The Tribunal found such a lapse to be reasonable.
Reference(s)
ILOAT Judgment(s): 607
Keywords:
execution of judgment; judgment of the tribunal; reasonable time; time limit;
Consideration 10
Extract:
The organization failed to give proper effect to Judgment 607. The complainant wins his case. He is entitled to interest on the amounts due him from 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:
date; delay in payment; 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 4
Extract:
"The plea fails since the [new] facts are subsequent to the date of [the judgment] and therefore cannot have an effect on that decision."
Keywords:
consequence; judgment of the tribunal; subsequent fact;
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;
Consideration 4
Extract:
"A judgment carries the force of res judicata from the date on which it is handed down. Though it is subject to review thereafter, the Tribunal will review it only in exceptional circumstances. Some pleas in support of an application for review, such as misappraisal of evidence, are inadmissible. Others, such as material error or the discovery of new facts, are not; but for the application to succeed they must be such as to affect the decision."
Keywords:
admissible grounds for review; application for review; condition; exception; judgment of the tribunal; misinterpretation of the facts; res judicata;
Judgment 643
54th Session, 1984
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Tribunal had ordered the organisation to pay as compensation a sum equal to "three times the total gross remuneration" paid in respect of a particular time period. "The Tribunal does not accept the organisation's argument that overtime is not part of the total gross remuneration; accordingly the deduction in respect of this item is unjustified."
Reference(s)
ILOAT Judgment(s): 507
Keywords:
amount; application for interpretation; gross salary; interpretation; judgment of the tribunal; material damages; overtime;
Judgment 609
52nd Session, 1984
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1, 2 and 4
Extract:
"By [its] judgment, the Tribunal ordered the organization to pay to the complainant $40,000 as 'compensation for the unlawful termination of his contract' and also $6,000 as costs." The organization paid that sum to the complainant in execution of the said judgment. The complainant seeks reimbursement for any taxes he might have to pay on the sum. "No obscurity in the judgment is alleged or identified. [...] The argument does not attempt to bring the case within the very limited grounds on which the tribunal permits reconsideration or review." The complaint is dismissed.
Reference(s)
ILOAT Judgment(s): 523
Keywords:
application for interpretation; application for review; execution of judgment; inadmissible grounds for review; judgment of the tribunal; material damages; refund; tax;
Judgment 608
52nd Session, 1984
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"As to the applications to intervene, the organisation does not object to them and undertakes to apply the Tribunal's judgment in this case to all members of its local staff whose position is identical to that of the complainant."
Keywords:
enforcement; intervention; judgment of the tribunal;
Judgment 604
52nd Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Any errors there may be in reproducing the text [of a judgment] constitute no flaw in the judgment itself."
Reference(s)
ILOAT Judgment(s): 404, 442, 536
Keywords:
consequence; judgment of the tribunal; material error;
Judgment 574
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The condition that the parties should be the same is met here: "Although Mr. [H.] was not a complainant in the case in which the Tribunal gave judgment [...] He was an intervener, the Tribunal declared the intervention receivable, and it dismissed the applications to intervene together with the complaints. Mr. [H.] was therefore party to those proceedings."
Keywords:
effect; intervention; judgment of the tribunal; res judicata; same parties;
Judgment 570
51st Session, 1983
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Under the principle of res judicata the consequences of the decision are strictly limited to the three former employees.
Reference(s)
ILOAT Judgment(s): 507, 508
Keywords:
effect; judgment of the tribunal; res judicata;
Consideration 1
Extract:
"The principle of finality is vital to the administration of justice but judges are human and can make slips and the principle does not go so far as to require that errors arising through accident or inadvertence or the like can never be corrected; if it went as far as that, the principle could be made an instrument of injustice. [Article VI of the Statute of the Tribunal] does not therefore preclude the exercise of a limited power of review."
Reference(s)
ILOAT reference: ARTICLE VI OF THE STATUTE
ILOAT Judgment(s): 507, 508
Keywords:
finality of judgment; judgment of the tribunal; res judicata;
Consideration 8(3)
Extract:
"To displace the principle of finality, the applicant must show the exceptional case in which insistence upon it would be unjust. Such is the case of a 'new' fact which the applicant could not reasonably be expected to have discovered in time. Such also is the case of a 'slip' where, as it is sometimes put, 'even homer nods'. Such cases are likely to be very rare and it is likely also that they can be presented without any elaborate argument."
Reference(s)
ILOAT Judgment(s): 507, 508
Keywords:
application for review; exception; finality of judgment; judgment of the tribunal; material error; new fact on which the party was unable to rely in the original proceedings;
Judgment 567
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"A judicial decision relates only to the dispute as it is when the decision is given: it cannot rule on a case of which the circumstances are unknown at the time." [The Tribunal had dismissed an earlier complaint for the complainants' failure to exhaust internal means of appeal.] In his final decision, the President noted that the complainants had withdrawn their internal appeal. Their new complaint, coming after that decision, is irreceivable.
Keywords:
internal appeal; judgment of the tribunal; receivability of the complaint; waiver of right of appeal;
Judgment 553
50th Session, 1983
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Tribunal's judgments have the authority of res judicata. An [...] organisation [...] is therefore bound [...] first and foremost to take whatever action the judgment may require. That the judgment must be both respected and executed are thus principles which are beyond dispute, and they apply, in particular, where the organisation is ordered to pay a sum of money. The debtor's obligation to pay must as a rule be discharged immediately unless the judgment states that the sum shall be payable only at some later date."
Reference(s)
ILOAT Judgment(s): 463
Keywords:
execution of judgment; formal demand for payment; judgment of the tribunal; organisation's duties; res judicata; time limit;
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 543
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Following two previous judgments [Nos. 375 and 392], "the complainant [found herself] in the position of a person holding an appointment without a post. She was therefore entitled to demand to be assigned to a suitable post and put back on the payroll. This would not exclude a fresh assignment to Brasilia, the Tribunal having in Judgment No. 375 rejected the complainant's objections to that post. Whether or not the incumbent in Brasilia was there on a temporary basis, it was open to the Director to create a vacancy there and assign the complainant to it. However, the complainant did not take the initiative in this respect."
Reference(s)
ILOAT Judgment(s): 375, 392
Keywords:
assignment; complainant; discretion; execution of judgment; judgment of the tribunal; refusal;
Consideration 9
Extract:
"There is an allegation of bad faith based on the fact that the organization did nothing to facilitate the complainant's return to it. The allegation fails. In view of the complainant's attitude the only way in which the organization could have facilitated her return would have been by conceding to her the right to veto the place of work assigned to her. to refuse to make such a concession is not bad faith."
Keywords:
assignment; execution of judgment; good faith; judgment of the tribunal; organisation; reinstatement;
Judgment 536
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"What is required is that the decision [...] should follow a line of reasoning which bears out the Tribunal's conclusions. The judgment deals with all the pleas put forward by the parties either by dealing with them on the merits or else by declaring them irrelevant or irreceivable [...] That is the obligation on a tribunal, and, for a judicial decision to be valid, that, but no further, obligation must be discharged."
Reference(s)
ILOAT Judgment(s): 404, 442
Keywords:
formal requirements; judgment of the tribunal;
Consideration 3
Extract:
"Neither any general principle of law nor the Statute of the Tribunal nor its Rules of court lay down any particular formal requirements for the framing of its judgments."
Reference(s)
ILOAT Judgment(s): 404, 442
Keywords:
formal requirements; judgment of the tribunal;
Consideration 3
Extract:
"The rule in Article VI[2] of the Statute that the reasons for a judgment shall be stated derives from a general principle. What is required is that the decision, be it to dismiss or to allow the complaint, should follow a line of reasoning which bears out the Tribunal's conclusions. The judgment deals with all the pleas put forward by the parties either by dealing with them on the merits or else by declaring them irrelevant or irreceivable. The parties cannot require the Tribunal to address itself to the merits of arguments which have no bearing on its decision."
Reference(s)
ILOAT reference: ARTICLE VI, PARAGRAPH 2, OF THE STATUTE
ILOAT Judgment(s): 404, 442
Keywords:
duty to substantiate decision; judgment of the tribunal;
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