Judgment No. 2376
Decision
The complaint is dismissed.
Consideration 11
Extract:
The complainant's contract was not renewed. He later reached a settlement agreement with the ILO which stated that the decision not to renew his contract would have no consequence on any future application submitted by him. He alleges a breach of the terms of the settlement agreement. "[T]he settlement, concluded well after the complainant's loss of his position as a staff member, was not a term or condition of his appointment, nor did it form part of the Staff Regulations. The Statute [of the Tribunal], in Article II(4), requires that where the dispute relates to an agreement outside the terms of employment of a staff member, the agreement must contain a provision giving the Tribunal competence over disputes with regard to its execution so that the Tribunal can hear such a dispute. There is none. The complaint is [therefore] irreceivable."
Reference(s)
ILOAT reference: Article II, paragraph 4, of the Statute
Keywords
status of complainant; receivability of the complaint; competence of tribunal; vested competence; iloat statute; staff regulations and rules; breach; provision; contract; candidate; post; non-renewal of contract; consequence; date; official
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