Judgment No. 3915
The complaint is dismissed.
The complainant requested ESO to provide her with a reference certificate satisfying the requirements of German law.
domestic law; certificate of service; complaint dismissed
Under Article VII of the Statute of the Tribunal, in order for a complaint to be receivable, not only must it be directed against a final decision (paragraph 1), but it must also be filed within ninety days after the complainant was notified of the decision impugned (paragraph 2).
As the complainant did not have any right of internal appeal, she was thus entitled to file a complaint directly with the Tribunal to contest the decision of 3 February 2016 (see, for example, Judgment 3679, consideration 4), which constituted the final decision in this matter for the purposes of Article VII of the Statute of the Tribunal.
ILOAT reference: Article VII of the Statute
Jugement(s) TAOIT: 3679
direct appeal to tribunal; condition; former official
[I]t is firmly established in the case law that the conditions of employment of staff members are subject to the Staff Rules and Regulations of the organisation that employs them and to the general principles of the international civil service and that national laws do not apply, unless where there is express reference thereto (see, for example, Judgment 1311, under 15). In this instance, there is no such reference in ESO’s regulatory regime requiring that ESO provides members of personnel with reference certificates that meet the standards required under German law. Furthermore, as was relevantly stated in Judgment 2611, under 8, “the complainant points to nothing in the terms of h[er] appointment to suggest that German law, as distinct from the [ESO Staff Rules and Staff] Regulations, was applicable to any aspect of h[er] employment”.
Jugement(s) TAOIT: 1311, 2611
The Tribunal’s case law makes it plain that while an international organization is obliged to issue a reference certificate if required to by its own internal rules, it is not obliged to issue such a certificate in compliance with the laws of a host country.
certificate of service