Judgment No. 605
THE COMPLAINT IS DISMISSED.
"The Tribunal has only such competence as is conferred on it, and this is confined to complaints alleging non-observance of the terms of appointment or Staff Regulations. The staff member does not have to rely on a particular clause of his contract, the regulations or any subsidiary text. When he is seeking enforcement of a right he claims as an international civil servant and his claim rests on a breach of that right by the organisation in his status as a staff member, Article II(5) [of the Statute] empowers the Tribunal to entertain it."
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
international civil servant; competence of tribunal; vested competence; breach; right
The complainant had been renting a villa from the WHO at Brazzaville. The Organization terminated his lease after learning that he had a guest of his living with him without the WHO's consent. Neither the Staff Regulations nor the Staff Rules nor any other text adopted thereunder lay any obligation whatever on the WHO to provide accommodation for staff stationed at Brazzaville. The lease makes no reference to the Regulations, nor does any of its clauses allow of indirect reference to them. The complainant's expulsion had no bearing on WHO work as such. It follows that the Tribunal is not competent to hear the complaint.
competence of tribunal; staff regulations and rules; contract