Judgment No. 4143

• Organization: Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO PrepCom)
• Date: 03.07.2019
• Original: English
• Judges: Barbagallo, Moore, Kreins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed, as is the Commission’s counterclaim.

Summary

The complainant, a former official, challenges a letter from the Director of the Human Resources Services rejecting her request for damages and legal costs arising from the fact that the Commission reclassified at grade P-4 the post of Treasurer, which she held at grade P-3 before her separation from service.

Judgment keywords

Keywords

receivability of the complaint; internal remedies exhausted; complaint dismissed

Consideration 7

Extract:

Regarding the Commission’s counterclaim for costs, the following observations of the Tribunal in Judgment 3506, under 4, apply equally to the present case: “[w]ithout ruling out, as a matter of principle, the possibility of making such an order against a complainant (see, for example, Judgments 1884, 1962, 2211 and 3043), the Tribunal will avail itself of that possibility only in exceptional situations. Indeed, it is essential that the Tribunal should be open and accessible to international civil servants without the dissuasive and chilling effect of possible adverse awards of that kind. In the instant case, the [...] complaint cannot be regarded as manifestly vexatious, even though it was clearly irreceivable [...]”.

Reference(s)

ILOAT Judgment(s): 1884, 1962, 2211, 3043, 3506

Keywords

counterclaim