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 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decisions of the Supreme Court are not of course binding on the Tribunal, but this does not mean that they cannot be used as an aid to interpretation. When a court or tribunal has to interpret a clause it is always permissible for it to consider how the same clause has been interpreted by other courts and tribunals who can speak with authority."
Keywords:
interpretation; judgment of the tribunal; municipal court; tribunal;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"There may be either one or two stages in review proceedings. The Tribunal will first determine whether the plea is admissible. If it is not, the Tribunal will dismiss the application without looking further. If it holds any of the pleas to be admissible, it will then reconsider its judgment on the basis of the evidence adduced in the review proceedings. Those are the only circumstances in which the Tribunal will hear the complainant's submissions on the merits."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; claim; elements; judgment of the tribunal; procedure before the tribunal; receivability of the complaint;
Consideration 2
Extract:
"The Tribunal's judgments carry the authority of res judicata from the date on which it delivers them. Though subject to review thereafter, they will be reviewed only in exceptional cases. that is the rule under all judicial systems which allow review."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; date; exception; general principle; judgment of the tribunal; mistake of law; res judicata;
Consideration 2 and 8(B)
Extract:
Among inadmissible grounds for review is alleged mistaken appraisal of the facts, i.e. the interpretation which the Tribunal has put on the facts. Parties who are dissatisfied with a decision may not question it indefinitely in disregard of the principle of res judicata.
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; appraisal of facts; definition; inadmissible grounds for review; judgment of the tribunal; misinterpretation of the facts; res judicata;
Consideration 1
Extract:
Neither the Statute nor the Rules of Court provide for review of the Tribunal's judgments. Is it to be inferred that review is thereby precluded or simply left for the Tribunal itself to determine ? The Tribunal "has heard several applications for review, but has dismissed them simply by finding that there were no grounds for review. It has not yet discussed in full the scope for review of its judgments." In the present case the problem will be dealt with in part by citing the pleas which are not receivable and reserving judgment on the others.
Reference(s)
ILOAT Judgment(s): 404
Keywords:
admissible grounds for review; application for review; iloat statute; inadmissible grounds for review; judgment of the tribunal; no provision;
Consideration 2
Extract:
"To allow an application for review on the grounds of the Tribunal's legal reasoning would be to permit anyone who was dissatisfied with a decision to question it indefinitely in disregard of the principle of res judicata."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; inadmissible grounds for review; judgment of the tribunal; mistake of law; request by a party; res judicata;
Judgment 417
44th Session, 1980
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
There was already a claim for compensation before the internal appeals body and there was no need to make a fresh one. The appeals body "had, without going into the merits, held the claim for compensation to be irreceivable. In Judgment no. 364 the Tribunal ruled that it was receivable. Accordingly, all that was necessary was for the [body in question] to resume the hearing and make a recommendation on the merits."
Reference(s)
ILOAT Judgment(s): 364
Keywords:
case sent back to organisation; further submissions on the merits; internal appeals body; judgment of the tribunal; receivability of the complaint;
Judgment 397
43rd Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Although the complainant's argument was endorsed by the Appeal Board and did perhaps have some truth in it, it is not borne out by sufficient evidence for the Tribunal to find that the Secretary-General drew clearly mistaken conclusions from the facts."
Keywords:
binding character; consequence; internal appeals body; judgment of the tribunal; recommendation; tribunal;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant died [...] after the complaint had been filed. His heirs have stated that they wish to pursue the proceedings in his place. The present judgment will therefore take effect for their benefit." The heirs are his wife, his infant children and the children by his first marriage.
Keywords:
case pending; complainant; consequence; death; effect; judgment of the tribunal; successor;
Judgment 382
42nd Session, 1979
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The decision of the Secretary-General of the United Nations to apply the [general service salary] scales which are now in force in its Geneva office was challenged by an official of the United Nations in case no. 225 [...] before the Administrative Tribunal of the United Nations. This Tribunal is satisfied that the United Nations Tribunal is the proper forum for the determination of this issue. That Tribunal upheld as valid the decision of the Secretary-General of the United Nations." The decision taken by the Secretary-General of the WMO to apply those scales therefore stands.
Keywords:
amendment to the rules; case law; competence; enforcement; general service category; judgment of the tribunal; scale; unat;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
It is significant that the defendant organisation has provided for the application of the United Nations Staff Rules and Regulations. "This Tribunal would therefore hesitate to depart from any interpretation which had been placed upon any regulation by the United Nations Tribunal. The fundamental question in issue cannot, however, be decided as a matter of pure interpretation." [cf. UNAT case No 225; UNAT Judgment No. 236]
Reference(s)
ILOAT Judgment(s): 236
Keywords:
case law; consequence; enforcement; iloat; interpretation; judgment of the tribunal; staff regulations and rules; unat;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant has applied for postponement of consideration of the case by the Tribunal. Her application is not based on any relevant grounds and is disallowed.
Keywords:
complainant; judgment of the tribunal; remand; request by a party;
Judgment 305
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[A] judgment by the Tribunal on a dispute between an organisation and a staff member affects only the parties to that dispute: it cannot alter a decision affecting third parties which is already in force. The stability of legal relationships would be impaired if staff members were entitled to rely upon new case law to cast doubt on the validity of earlier and final decisions."
Keywords:
effect; judgment of the tribunal; res judicata;
Consideration 2
Extract:
"[A] judgment by the Tribunal [...] affects only the parties to that dispute [...]. The stability of legal relationships would be impaired if staff members were entitled to rely upon new case law to cast doubt on the validity of earlier and final decisions." The complainants in the present case "failed to impugn [the material decision] in time [...] and they must bear the consequences of that failure."
Keywords:
effect; judgment of the tribunal;
Judgment 298
38th Session, 1977
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It appears from the dossier that the [alleged] decision [...] is a decision taken on the matter [...] by the Labour Court of Hamburg [...] but the Administrative Tribunal of the ILO is an international tribunal and is not competent to hear an appeal against a decision by a national court."
Keywords:
competence of tribunal; judgment of the tribunal; municipal court;
Judgment 234
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]here can be no claim in respect of currency devaluation as such." But there can be a claim for compensation for the delay in payment. "In the circumstances of [the] case this compensation should be assessed as the diminution in the amount of rupees eventually received by the complainant, the diminution being due to the change in the rupee/dollar rate during the period of delay."
Keywords:
administrative delay; amendment to the rules; competence of tribunal; consequence; currency of payment; delay in payment; exchange rate; execution of judgment; injury; judgment of the tribunal; material damages; moral injury; receivability of the complaint;
Judgment 226
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
By Judgment No. 194, the Administrative Tribunal quashed as being based on insufficient grounds the decision not to confirm the complainant's appointment. In execution of that judgment an ad hoc committee was set up to examine the case. In the light of the very full report of that committee, "the Director-General took a considered decision in full knowledge of the facts. The organization has thus corrected the procedural irregularity which led to the quashing of the decision".
Reference(s)
ILOAT Judgment(s): 194
Keywords:
case sent back to organisation; confirmatory decision; duty to substantiate decision; execution of judgment; flaw; formal flaw; judgment of the tribunal; probationary period; termination of employment;
Judgment 201
30th Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"There is no provision in the Statute or Rules of Court of the Administrative Tribunal for the revision of its judgments. Such a complaint could therefore be considered by the Tribunal only in quite exceptional circumstances".
Keywords:
application for review; exception; finality of judgment; judgment of the tribunal;
Judgment 187
28th Session, 1972
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaint under consideration, which is expressly directed against the decision of the Labour Court of the city of Vienna [...] is lodged with a tribunal which is not competent to hear it because it does not impugn a decision of the Director-General." [The Austrian Court had declared its incompetence; the case concerned matters relating to pension rights].
Keywords:
competence of tribunal; judgment of the tribunal; municipal court;
Judgment 176
26th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The liability of the organization to pay compensation is established by Judgment No. 136 [under two heads:] [...] compensation to the complainant for the non-renewal of his contract [...] and compensation for moral damage for illegal suspension from duty."
Reference(s)
ILOAT Judgment(s): 136
Keywords:
contract; execution of judgment; fixed-term; injury; judgment of the tribunal; material damages; moral injury; non-renewal of contract; suspension;
Judgment 171
25th Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[A]ccording to Article VI of the Statute, "the Tribunal shall take decisions by a majority vote; judgments shall be final and without appeal." Accordingly, if [the complainant] is requesting the Tribunal to quash its earlier judgments nos. 142 and 151 [...] his claims are irreceivable."
Reference(s)
ILOAT reference: ARTICLE VI OF THE STATUTE
ILOAT Judgment(s): 142, 151
Keywords:
application for quashing; finality of judgment; iloat statute; judgment of the tribunal; last instance; receivability of the complaint;
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 100
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In support of his other [claims], the complainant has simply reverted to arguments already dismissed by the Tribunal". The complaint is dismissed.
Keywords:
judgment of the tribunal; 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;
Consideration 3
Extract:
"By Judgment No. 90 [...] the Tribunal quashed the decision [...] dismissing [the complainant], thereby finding that his reinstatement was possible and not inadvisable; this judgment, which disposes of the issues raised is final, and the organization cannot reopen these issues." [The organization submitted that it had been unable to make its objections to reinstatement in time and that such reinstatement was moreover impossible; it asked the Tribunal to award compensation in lieu of reinstatement.]
Reference(s)
ILOAT Judgment(s): 90
Keywords:
decision quashed; execution of judgment; finality of judgment; judgment of the tribunal; material damages; reinstatement; res judicata; termination of employment;
Consideration 4
Extract:
"Having regard to the nature of the employment in question, the Organization was not obliged, in any event, to reinstate the complainant in the identical post he had occupied, but might have offered him any other substantially equivalent post."
Keywords:
assignment; judgment of the tribunal; organisation's duties; reinstatement;
Consideration 4
Extract:
At the time of the judgment the Tribunal found that reinstatement was not inadvisable. Reinstatement will again be possible upon the expiry of the appointment of the complainant's successor, "execution of the judgment being a valid reason for non-renewal of his appointment."
Keywords:
execution of judgment; judgment of the tribunal; non-renewal of contract; reinstatement;
Judgment 82
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant "is entitled to an indemnity compensating him for the damage he has suffered through the delay on the part of [the organisation] in giving effect to [...] the operative part of the [...] judgment [in question]." It emerges from the dossier that this damage will be equitably remedied by deciding that the sum which the organisation must pay - and the amount of which had been fixed by order - shall bear interest at the rate of 5 per cent, payable as from the thirtieth day after notification of the said order.
Reference(s)
ILOAT Judgment(s): 61
Keywords:
administrative delay; amount; execution of judgment; injury; interest on damages; judgment of the tribunal; penalty for delay;
Consideration 6
Extract:
The organisation "has the option of asking the International Court of Justice for an opinion, which is binding [...]. This option, which can [...] be used without any restriction as to time, does not affect, in the absence of any explicit provisions in [...] Article XII [of the Statute of the Tribunal], the immediately operative character of those judgments. With regard to the opinion which the organisation may possibly request from the Court by virtue of [...] the agreement between the United Nations and [the organisation], this opinion is only of an advisory character and could not, in any event, have any influence on the execution of the judgment by the Tribunal."
Reference(s)
ILOAT reference: ARTICLE XII OF THE STATUTE
ILOAT Judgment(s): 61
Keywords:
advisory opinion of icj; binding character; delay in payment; execution of judgment; icj; judgment of the tribunal; organisation; suspensory effects;
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;
Consideration 5
Extract:
"In accordance with a well-established and generally recognised principle of law, any judgment compelling one party to pay to the other party a sum of money implies, in itself, the obligation to pay that sum without delay. It could be otherwise only in the event that the judgment expressly mentioned that this sum would be payable only at a later date and where the Statutes of the court concerned make provision for the right to appeal against the judgments delivered by it and formally state that exercise of that right of appeal carries suspensory effect on execution of those judgments."
Reference(s)
ILOAT Judgment(s): 61
Keywords:
delay in payment; exception; execution of judgment; judgment of the tribunal; organisation's duties; suspensory effects; time limit;
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