Judgment No. 2918

• Organization: International Federation of Red Cross and Red Crescent Societies (IFRC)
• Date: 08.07.2010
• Original: English
• Judges: Gaudron, Ba, Barbagallo, Hansen, Frydman
• Full judgment text - Full judgment text (french)

Decision

The first complaint is dismissed as beyond the Tribunal's jurisdiction and the second is dismissed as irreceivable.

Consideration 6

Extract:

"Article II, paragraph 5, of the Tribunal's Statute [...] provides that: 'The Tribunal shall also be competent to hear complaints alleging non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations of any [...] international organization [...] which has addressed to the Director-General a declaration, recognizing [...] the jurisdiction of the Tribunal for this purpose, as well as its Rules of Procedure, and which is approved by the Governing Body.' The consequence of that provision is that the Tribunal may hear the two complaints only if the complainant was, at the relevant times, an official of the [organization] and the [organization] has recognised the jurisdiction of the Tribunal."

Reference(s)

ILOAT reference: Article II, paragraph 5, of the Statute

Keywords

status of complainant; competence of tribunal; breach; terms of appointment; limits