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Judgment No. 280

Decision

THE COMPLAINT IS DISMISSED.

Consideration 1

Extract:

"According to Article II, paragraph 1, of its Statute the Tribunal may hear complaints lodged by officials subject to its jurisdiction alleging non-observance of the terms of their appointment or the Staff Regulations. The present complaint fulfils those requirements and is therefore receivable. It is immaterial that the complainant left the service of the organisation [...] since he is contesting decisions taken earlier. [...] To be receivable a complaint need only [...] allege breach of provisions or principles applicable to the staff."

Reference(s)

ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE

Keywords

receivability of the complaint; cause of action; competence of tribunal; separation from service; consequence

Consideration 2

Extract:

"In the present case the Tribunal can exercise its power of review in the light of the documents produced in the proceedings. There is therefore no need to hear witnesses, as the complainant has asked."

Keywords

tribunal; oral proceedings; refusal

Consideration 4

Extract:

"The complainant contends that the sole purpose of [the] unusual series of competitions was to eliminate him. In other words, he alleges abuse of authority [...]. Even if the argument were well founded [...] that would not mean that the competitions were tainted with any procedural flaw." Nothing prevented the organization from holding further competitions in the circumstances described.

Keywords

competition; procedural flaw; misuse of authority



 
Dernière mise à jour: 08.04.2020 ^ haut