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Judgment No. 2649

Decision

The complaint is dismissed.

Consideration 8

Extract:

Acting in his capacity as Chairman of the Staff Committee of the EPO's sub-office in Vienna, the complainant submitted a request to the President of the Office that the "staff salary scales mentioned in the annex to Part 2 of the Codex" be forwarded to all agencies supplying temporary personnel to the Office. The President refused to grant the request submitted to him, denying that temporary workers were entitled to remuneration equal to that of EPO staff and underlining that neither the Service Regulations nor the conditions of employment for contract staff applied to temporary workers. The EPO submits that the complainant does not have locus standi to represent temporary workers supplied to the Office. "It is well settled that members of the Staff Committee may rely on their position as such to ensure observance of the Service Regulations (see Judgments 1147 and 1897); but in order for a complaint submitted to the Tribunal on behalf of a Staff Committee to be receivable, it must allege a breach of guarantees which the Organisation is legally bound to provide to staff who are connected with the Office by an employment contract or who have permanent employee status, this being a sine qua non for the Tribunal's jurisdiction. In the absence of such a connection resting on a contract or deriving from status, the claim that the Office should forward its salary scales to agencies supplying temporary personnel - whose conditions of employment and remuneration are in any event beyond the jurisdiction of the Tribunal - cannot be entertained."

Reference(s)

ILOAT Judgment(s): 1147, 1897

Keywords

complaint; claim; locus standi; external collaborator; international civil servant; receivability of the complaint; competence of tribunal; vested competence; communication to third party; equal treatment; organisation's duties; staff regulations and rules; breach; enforcement; no provision; provision; terms of appointment; contract; salary; scale; staff union; staff representative; executive head; condition; refusal; request by a party; right; safeguard; same



 
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