Judgment No. 317
1. THE ORGANISATION'S REQUEST FOR THE STRIKING OUT OF A PASSAGE FROM THE COMPLAINT IS DISALLOWED.
2. THE COMPLAINT IS DISMISSED.
According to its Regulations, the Provident Scheme is a fund within the meaning of the Swiss Civil Code "and it is therefore an independent legal entity distinct from [the organisation] itself." Had the complainant wished to impugn a decision of the Secretary of the fund, "she ought to have brought her complaint against the Scheme, not the [organisation]. But the complaint is brought against the [organisation], not the Scheme, and so would be irreceivable."
decision; receivability of the complaint; competence of tribunal; domestic law; insurance
"The [organisation] asks the Tribunal to strike from the complainant's original memorandum a passage which it regards as libellous and irrelevant and in which the complainant alleges that one of her supervisors showed her unwanted attentions. [...] There are no grounds for striking out the complainant's allegations. Since they have a bearing on her work, they are in principle admissible. The fact that they are not proved does not mean that they may be treated as wittingly false."
complaint; organisation; appraisal of evidence; application for quashing; elements
"The Tribunal will never comment on the validity of the rules applied [...]. The validity of rules is not subject to review by the Tribunal, which is competent only to review decisions - in other words, individual and specific acts."
individual decision; competence of tribunal; staff regulations and rules
The organisation and the Provident Scheme jointly concluded a contract with the complainant. "According to Article VII of its Statute the Tribunal hears complaints which challenge decisions and decisions alone, and that excludes contracts, for example. Unless the complainant is impugning a decision her complaint is irreceivable. If the complainant wished to avoid or vary the contract [...] she ought first to have asked the other parties and called for decisions from them on the matter. Those are the only kind of decisions she might have impugned before the Tribunal."
ILOAT reference: ARTICLE VII OF THE STATUTE
receivability of the complaint; cause of action; no cause of action; competence of tribunal; iloat statute; contract; application for quashing; condition