Judgment No. 118
1. Mr. Jurado's submissions praying that the Tribunal should quash the Director-General's decision refusing to submit to the Governing Body the question of the "legal validity" of Judgment No. 96 of the Administrative Tribunal are dismissed as being outside the competence of the Tribunal.
2. No ruling is necessary on Mr. Jurado's submissions concerning the Director-General's decision refusing to amend the certificate of service issued on 20 December 1966.
3. The remaining submissions of the complaint are dismissed.
Consideration 3 (B)
"When issuing a certificate under the terms of [the applicable provision], the Director-General makes an assessment of the performance of the person concerned which is not open to discussion before the Administrative Tribunal; the Tribunal can only check whether all the particulars specified in the aforesaid [provision] have been supplied, and ascertain that the assessment made by the competent authority is not based on materially incorrect facts or on obviously wrong conclusions drawn from the evidence in the dossier."
formal requirements; work appraisal; certificate of service; judicial review; discretion
"On the submissions impugning the refusal of the Director-General [...] to submit to the Governing Body, for reference to the International Court of Justice, the question of the 'legal validity' of Judgment No. 96 of the Administrative Tribunal: the Administrative Tribunal is not competent to receive submissions of this nature."
ILOAT Judgment(s): 96
icj; competence of tribunal; executive head; executive body; advisory opinion; refusal; request by a party
The issue of a certificate containing a purely material error [involving a date], replaced by two regular certificates [one concerning employment and the other concerning the complainant's work] did not in any way prejudice the complainant's interest and therefore does not entitle him to compensation.
lack of injury; certificate of service; flaw