Judgment No. 2058
Decision
THE COMPLAINT IS DISMISSED.
Consideration 5
Extract:
"The [Organization] contends that assessments already given by the Tribunal are not open to challenge and considers that several paragraphs of the complaint should be discounted under the res judicata rule. the plea fails: the decision challenged in the present dispute is not the one addressed in [a previous] judgment [...], so the complainant may rely on all such evidence and testimony as he deems appropriate to support his pleas."
Keywords
complaint; decision; receivability of the complaint; res judicata; evidence; admissibility of evidence; testimony
Consideration 6
Extract:
"The [Organization] is right to object to the receivability of [the complaintant's] claim to the quashing of the invitation to him to write letters of apology. Although one of a set of measures devised by the organization in an attempt to put an end to this regrettable affair, the 'invitation' does not constitute, contrary to what the complainant asserts, a decision that can be set aside. If, however, the measure was proved to be excessive, as the complainant contends it is, his claim to compensation for moral injury arising from the affront to his dignity could be justified." (This is not the case here: see consideration 14.)
Keywords
complaint; claim; decision; moral injury; receivability of the complaint; decision quashed; respect for dignity; proposal
Consideration 13
Extract:
"The complainant asks that the defendant be ordered to publish a denial of the accusations made in [a flash published by the staff union]. It is not, however, for the Tribunal to issue such an injunction."
Keywords
claim; moral injury; receivability of the complaint; competence of tribunal; respect for dignity; staff union; publication
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