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Judgment No. 3551

Decision

The complaint is dismissed.

Summary

As the complaint is clearly irreceivable, it is summarily dismissed.

Judgment keywords

Keywords

status of complainant; summary procedure

Consideration 3

Extract:

"The Tribunal clearly has no jurisdiction to hear this complaint. Pursuant to Article II, paragraph 5, of its Statute, “[t]he Tribunal shall […] be competent to hear complaints alleging non-observance, in substance or in form, of the terms of appointment of officials”. The complainant stated in the complaint form that he filed the complaint in his capacity as a former official. However, according the express terms of the SSA under which he was employed, the complainant did not have the status of a WHO official. As the complainant cannot be considered as an official or former official of WHO and is not covered by WHO’s Staff Rules and Regulations, he has no access to this Tribunal (see Judgments 1034, under 3, and 3049, under 4)."

Reference(s)

ILOAT Judgment(s): 1034, 3049

Keywords

status of complainant; receivability of the complaint; competence; special service agreement; ratione personae



 
Last updated: 15.08.2017 ^ top