Abuse of process (922,-666)

You searched for:
Keywords: Abuse of process
Total judgments found: 2

• Judgment 4357

  
  131st Session, 2021
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decisions not to place him on the shortlist for positions for which he had applied as a priority candidate.

  Consideration 17

  Extract:

  Both proceedings could have been discontinued after the complainant became aware of his success and the reasons for it in his third complaint founding Judgment 3908. The complainant ought to have appreciated that a right to bring proceedings in the Tribunal is not a license to litigate on any topic raising any conceivable argument and to do so repeatedly. It unreasonably taxes the resources of the defendant organization and also the resources of the Tribunal. It is tantamount to an abuse of process that needs to be deprecated in the strongest terms.

  Reference(s)

  ILOAT Judgment(s): 3908
  

  Keywords:

  abuse of process; vexatious complaint;
  

  
  
  

• Judgment 2474

  
  99th Session, 2005
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  The second complaint filed with the Tribunal is, in one sense, inconsistent with the first complaint. However, the subject of the second complaint is the issue identified by the Joint Panel, namely, whether the complainant was entitled to promotion to P.5 notwithstanding that the competition had been cancelled and is, thus, more accurately identified as an alternative claim. That being so it does not constitute an abuse of process. Nor is the third complaint in any way inconsistent with either of the other two complaints filed with the Tribunal. Accordingly, it is likewise not an abuse of process. Both the second and third complaints are, thus, also receivable.

  Keywords:

  abuse of process;