Judgment No. 4708

• Organization: International Labour Organization (ILO)
• Date: 07.07.2023
• Original: French
• Judges: Frydman, Jaumotte, Gascon
• Full judgment text - Full judgment text (french)

Decision

The application for execution is dismissed.

Summary

The complainant filed an application for execution of Judgment 4480.

Judgment keywords

Reference(s)

ILOAT Judgment(s): 4480

Keywords

application for execution; complaint dismissed

Consideration 6

Extract:

The Tribunal recalls that its judgments are “final and without appeal” under Article VI of its Statute, carry res judicata authority and are immediately operative. As they may not later be called into question except when an application for review is allowed, they must be executed by the parties as ruled. The parties must work together in good faith to execute judgments within a reasonable timeframe. Moreover, under the Tribunal’s case law, the application for execution may relate only to the execution of a judgment and not, for example, to the allegedly harmful consequences of the manner in which it was executed. When the Tribunal allows a complaint, sends the case back so that the organisation may resume or continue some procedure, and leaves it a degree of discretion, the new decision will ordinarily be subject to appeal, and in that case the internal remedies do have to be exhausted (see, for example, Judgment 1771, consideration 2(b)).

Reference(s)

ILOAT Judgment(s): 1771

Keywords

application for execution; case sent back to organisation