Judgment No. 246
THE COMPLAINT IS DISMISSED.
Consideration 3 (A)
"the decisions to grant the complainant only fixed-term appointments did not infringe any provision of the ... regulations and may not be regarded as being ultra vires or as misuse of authority as indeed the complainant himself acknowledged in accepting the offers of appointment."
complainant; organisation's duties; contract; fixed-term; successive contracts; acceptance
the organization "is not bound to grant appointments in such terms as to confer on staff members maximum benefit from the fund. on the contrary, although it is of course required to take account of the legitimate interests of staff members on recruitment, in doing so it cannot overlook its own interests."
organisation's duties; staff member's interest; terms of appointment; contract; fixed-term; pension; unjspf; participation; forfeiture of benefit; organisation's interest
"...the complainant impugns an alleged decision by the director-general, that is to say an administrative decision which may be referred to the appeals board. since the complainant did not submit his claim to the appeals board it is irreceivable by virtue of article vii, paragraph 1, of the statute of the tribunal, which stipulates that the internal means of redress shall first have been exhausted."
ILOAT reference: ARTICLE VII PARAGRAPH 1 ILOAT STATUTE
complaint; new claim; receivability of the complaint; internal remedies exhausted
Considerations 1 and 2
the competence of the tribunal "does not extend to disputes between an international official and the organs of the [united nations joint staff pension] fund."
complaint; competence of tribunal; pension; unjspf