Judgment No. 4526

• Organization: World Health Organization (WHO)
• Date: 06.07.2022
• Original: English
• Judges: Moore, Frydman, De Nictolis
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to terminate his contract for misconduct.

Judgment keywords

Keywords

competence; ratione personae; non official; complaint dismissed; unops

Consideration 8

Extract:

The Tribunal recently concluded in Judgment 3551, consistent with more recent case law, that a person in a situation broadly analogous to that of the complainant could not avail himself of the Tribunal’s jurisdiction as he was not an official of the defendant organisation. Not only was the existence of an arbitration clause viewed as relevant in Judgment 3551 in determining the status of the complainant, the existence of such a clause has, in a number of cases concerning individuals on contract, been treated as evidencing an agreement to exclude the jurisdiction of the Tribunal (see, for example, Judgments 1938, consideration 4, 2017, consideration 2(a), 2688, consideration 5, 2888, consideration 5, and 3705, consideration 4).

Reference(s)

ILOAT Judgment(s): 1938, 2017, 2688, 2888, 3551, 3705

Keywords

receivability of the complaint; competence; ratione personae; non official