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Judgment No. 75

Decision

The complaint is dismissed on account of the incompetence of the Tribunal.

Consideration 2

Extract:

The complainant's status must be regarded as purely contractual. "It is of little account that the [...] contract describes the complainant as a medical officer. This title relates solely to the nature of the work to be performed by the complainant, but does not affect his legal status. On the contrary, his legal status is defined [in the contract] which stipulates that "the present contract does not confer upon the holder the title of official of the [...] organization." [The Tribunal is not competent].

Keywords

locus standi; status of complainant; receivability of the complaint; competence of tribunal; right of appeal; contract

Consideration 3

Extract:

"Not only is the legal status of the complainant of an exclusively contractual nature, but the contract concluded by him is of a very special character [...]. Whatever his obligations may have been towards the organization, the complainant was expressly stated to be responsible to the government [...]. In view of the complainant's legal status [...], his complaint does not fall within the definition of those which the Tribunal is competent to hear in pursuance of [...] Article II, paragraph 5, of its Statute. The Tribunal is therefore not competent to hear it."

Reference(s)

ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE

Keywords

locus standi; status of complainant; competence of tribunal; member state; contract; staff member's duties

Consideration 3

Extract:

The relationship between the complainant and the organization is of a contractual nature. The Tribunal is not competent. "Moreover, the contract provides that any disputes between the parties shall be settled in accordance with arbitration proceedings to be instituted by the organization [...]. While the Tribunal itself determines its competence on the basis of its Statute and of the Staff Rules of the organization, it should, as a matter of equity, be pointed out that the complainant himself, having subscribed to the above provision, must have had, at the very least, doubts as to the competence of the Tribunal."

Keywords

competence of tribunal; arbitration; contract



 
Last updated: 22.09.2017 ^ top