Judgment No. 2157
1. THE COMPLAINT IS DISMISSED.
2. THE AGENCY'S COUNTERCLAIM IS DISMISSED.
"The Tribunal is competent, ratione personae, to hear the complaint since, under Article ii, paragraph 6, of its Statute. The Tribunal is open to former staff members. However, Article ii, paragraph 5, restricts the Tribunal's competence, ratione materiae, to complaints alleging non-observance of the terms of appointment of officials and of provisions of an organisation's staff regulations. [...] As a general rule, a former staff member who applies for a post in an organisation after separation from it may not rely on the rules that governed his contract of appointment and so does not have access to the Tribunal (see, among others, Judgments 1845 [...] and 1554 [...])" except in the case of "any contractual obligation the [organisation] may have had to help the complainant to find new employment [...]."
ILOAT reference: ARTICLE II (5) OF THE STATUTE;
ARTICLE II (6) OF THE STATUTE
ILOAT Judgment(s): 1554, 1845
complaint; receivability of the complaint; competence of tribunal; case law; organisation's duties; staff regulations and rules; contract; competition; candidate