Judgment No. 421
THE COMPLAINT IS DISMISSED.
"the [organisation] observes that the complainant filed his complaint before the 60 days specified in article vii, paragraph 3, of the statute of the tribunal had expired. since, however, the 60 days have now elapsed and he has not yet had a decision taken on his claim, the [organisation] will not contest the receivability of his complaint."
ILOAT reference: ARTICLE VII PARAGRAPH 3 OF THE ILOAT STATUTE
implied decision; failure to answer claim; receivability of the complaint; direct appeal to tribunal; internal appeal; internal remedies exhausted; time limit
the complainant contends that the recommendation on which the director acted was vitiated by prejudice against him. he mentions three points relating to his nationality and previous conduct. "there is no reason to think that any of these matters, if and insofar as they were known to the two members of the working party, influenced their conclusions in any way." the working party had been set up to advise the director-general on staff reductions. on the day of the meeting to consider the complainant's case, the working party consisted of only two members appointed by the administration.
internal appeals body; recommendation; lack of evidence; flaw; bias
the director can put himself under an obligation to exercise his authority in a particular way: by the establishment of a practice on which the staff come to rely; or by an announcement by administrative circular or otherwise that in the exercise of power the director proposes to follow a specified procedure. if the director promises expressly or implicitly not to exercise his authority except in a particular way, he can bind himself, at least temporarily, not to act except in that way. the tribunal has no jurisdiction to enforce such a promise unless it is one which is intended to have a contractual effect as between the organisation and the officials.
competence of tribunal; practice; promise; executive head; binding character; effect
the tribunal concludes that an information note on the setting up of a working party did not become part of the contractual relationship between the organisation and the complainant. it is not therefore competent to consider allegations that the terms of the note were not observed. the note may have constituted an agreement between the director and the staff union, but that would not bring it within the competence of the tribunal.
competence of tribunal; information note; contract; staff union agreement; binding character; elements
Considerations 3 and 7
the staff regulations make no special provisions about the way in which a decision not to renew a contract is to be taken. the director-general had set up a working party to advise him on the matter of staff reductions. the instructions to the working party cannot in the opinion of the tribunal be read as requiring it to apply the statutory procedure appropriate to decisions concerning termination of appointment in the event of staff reductions.
procedure before the tribunal; no provision; contract; fixed-term; abolition of post; non-renewal of contract; staff reduction