Judgment No. 4104
The complaint is dismissed.
The complainant challenges the decision to deny her request for the issuance of a fixed-term project-based contract for a member of her team.
competence; impugned decision; ratione materiae; administrative decision
The complaint is partially irreceivable. With regard to the claims to set aside the [impugned] decisions, the Tribunal finds that those decisions do not adversely affect the complainant directly, nor do they fall under the provisions of Article II of the Statute of the Tribunal. The Director’s rejection of the complainant’s request for the creation of a fixed-term project-based contract does not fall under the provisions of Article II of the Statute in that the present complaint does not address the non-observance, in substance or in form, of the terms of her appointment, nor does it address a violation of the Staff Regulations (see Judgment 4048, under 5). It is not enough that the complainant submits that she would have been in a more favourable work situation if the Director had approved her request. The interest alleged by the complainant is not a personal one; she essentially contests the violation of the general interest in the efficiency or proper conduct of the Administration, which is not subject to challenge under the Statute of the Tribunal.
ILOAT Judgment(s): 4048
cause of action; competence of tribunal; impugned decision; ratione materiae; administrative decision