Judgment No. 71
The complaint is dismissed as irreceivable.
"Paragraph 6 of Article II of the Statute of the Tribunal reserves access to the Tribunal to officials of the organisations defined in paragraph 5 of the same article [...] to any person on whom an official's rights have devolved on his death; and to any other person who can show that he is entitled to some right under the terms of appointment of a deceased official or under provisions of the Staff Regulations on which the official could rely."
ILOAT reference: ARTICLE II, PARAGRAPHS 5 AND 6, OF THE STATUTE
locus standi; iloat statute; definition
The letter in question took note of the complainant's application and confined itself to reminding him that, before the discussions embarked upon could reach a definite conclusion, he should send his personal history. "The firm offer of a contract was therefore made subject to the receipt of this personal history, which was required in order to enable the organization to determine finally whether to make such an offer." The actual wording of the letter clearly implied that no contractual relationship yet existed and that no promise of a contract had been made.
contract; offer; promise; condition
"It results from an examination of the correspondence exchanged between the organization and the complainant that no legal relationship whatsoever was ever established between [the complainant and the organization]; that consequently, the complainant cannot be considered as an official of the organization in the sense of [...] Article II, paragraph 6, [of the Statute of the Tribunal]; and that, therefore, his complaint is not receivable."
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
locus standi; status of complainant; receivability of the complaint; competence of tribunal; right of appeal; candidate; external candidate