Judgment No. 3823
Decision
The application for execution is dismissed.
Summary
The complainant has filed an application for execution of Judgment 3225.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3225
Keywords
application for execution; complaint dismissed
Consideration 4
Extract:
Under Article VI, paragraph 1, second and third sentences, of the Statute of the Tribunal, the Tribunal’s judgments are final and without appeal, but it may consider applications for interpretation, execution or review of those judgments. As the case law has consistently stated (since Judgment 82, under 6), the Tribunal’s judgments are therefore immediately operative, a principle also stemming from their res judicata authority. International organisations that have recognised the Tribunal’s jurisdiction are bound to take whatever action is required by a judgment, which must be executed as ruled (see, for example, Judgments 1887, under 8, 3003, under 12, 3152, under 11, and 3394, under 9). Furthermore, the parties must work together in good faith to execute judgments. Execution must occur within a reasonable period of time, having regard to all the circumstances of the case, especially the nature and the extent of the action which the organisation is required to take (see, for example, Judgments 2684, under 6, 3066, under 6, and 3656, under 3).
Reference(s)
ILOAT reference: Article VI, paragraph 1, of the Statute
ILOAT Judgment(s): 82, 1887, 2684, 3003, 3066, 3152, 3394, 3656
Keywords
moral injury; res judicata; execution of judgment; good faith
Consideration 8
Extract:
The application for execution must [...] be dismissed in its entirety, including the claim for reimbursement of the costs incurred by the complainant in commissioning an expert inquiry by an accountant, which she did of her own accord without the need for such a measure being established.
Keywords
costs
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