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Former official (655,-666)

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Keywords: Former official
Total judgments found: 31

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  • Judgment 4780


    137th Session, 2024
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the monthly amount deducted from her pension as contribution to her after-service health insurance in the period from May 2001 to December 2019.

    Judgment keywords

    Keywords:

    complaint dismissed; failure to exhaust internal remedies; former official; internal appeal; review of administrative decision;



  • Judgment 4775


    137th Session, 2024
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to “terminate [her] contract after [her] resignation”.

    Judgment keywords

    Keywords:

    complaint dismissed; direct appeal to tribunal; failure to exhaust internal remedies; former official; internal appeal; internal procedure; internal remedies not exhausted;

    Consideration 8

    Extract:

    FAO Manual paragraph 331.4, entitled ‘Appeals by Former Staff Members’, provides that former staff members shall have access to the appeals procedure. FAO Manual paragraph 331.4.1 specifically states that “[f]ormer staff members [...] may lodge an appeal in accordance with the provisions of this Manual Section subject to Manual [paragraphs] 331.4.2 and 331.4.3”.

    Keywords:

    failure to exhaust internal remedies; former official; internal appeal; internal procedure; internal remedies not exhausted;



  • Judgment 4759


    137th Session, 2024
    Organisation of African, Caribbean and Pacific States
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-renewal of his employment contract.

    Consideration 3

    Extract:

    The Organisation challenges the Tribunal’s jurisdiction to hear the complaint on the grounds that the complainant is no longer a member of the OACPS’s staff. However, the Tribunal recalls that, pursuant to Article II, paragraph 6(a), of its Statute, access to the Tribunal is open to any official “even if her or his employment has ceased”.

    Keywords:

    former official; ratione personae; receivability of the complaint;



  • Judgment 4735


    136th Session, 2023
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former staff member of IOM at its Country Office in Afghanistan, asserts that a position which was readvertised after its temporary abolition should be assigned to him.

    Judgment keywords

    Keywords:

    cause of action; competence of tribunal; complaint dismissed; former official; summary procedure;

    Consideration 4

    Extract:

    The Tribunal notes that, at the time when he filed his complaint, the complainant was a former official of IOM. Although the Tribunal is open to former officials of international organizations recognising its competence, a complaint filed by a former official must, like any other complaint, invoke non-observance, in substance or in form, of the terms of the complainant’s appointment and/or of provisions of the Staff Regulations, as required by Article II, paragraph 5, of the Tribunal’s Statute (see, for example, Judgments 4201, consideration 3, 2333, consideration 8, and 1105, consideration 2). In this case, however, the complainant relies on an alleged “right” to recruitment arising out of his former employment which does not exist in any form whatsoever. Moreover, he does not put forward any arguments deriving from a breach of his former contract (see, for a similar case, Judgment 1941, consideration 6). The Tribunal is therefore not competent, under Article II of its Statute, to hear this complaint.

    Reference(s)

    ILOAT Judgment(s): 1105, 1941, 2333, 4201

    Keywords:

    cause of action; former official; selection procedure;



  • Judgment 4646


    135th Session, 2023
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who was employed under a series of Special Service Agreements, submits that she was requested without a valid reason to stop working immediately and that WHO did not grant her request for conciliation and amicable settlement.

    Consideration 3

    Extract:

    The complainant states in the complaint form that she filed the complaint in her capacity as a former official. However, according to the express terms of the SSA under which she was employed, the complainant did not have the status of a WHO official. As the complainant cannot be considered as an official or former official of WHO and is not covered by WHO’s Staff Rules and Regulations, she has no access to this Tribunal (see Judgments 3705, consideration 4, 3551, consideration 3, and 3049, consideration 4).

    Reference(s)

    ILOAT Judgment(s): 3049, 3551, 3705

    Keywords:

    competence; former official; ratione personae; special service agreement;



  • Judgment 4637


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his staff report for 2014.

    Consideration 7

    Extract:

    With regard to all the complainant’s other claims, the EPO submits that the complaint is irreceivable since the complainant no longer has a cause of action. According to it, while the complainant had, to a limited extent, a cause of action to challenge his 2014 staff report at the time when he filed his complaint, that cause of action lapsed when he retired on the last day of the month in which he reached the age of 65 years, as provided for in Article 54(1)(a) of the Service Regulations. In the EPO’s view, since the complainant is retired and has stopped work permanently, with no chance of being reinstated or resuming his career, he is no longer eligible for any career progression, whether this be through step advancements, bonuses or promotions as provided for in Chapter 2 of Title III of the Service Regulations, which deals with professional development. The EPO therefore considers that he has no cause of action to request that the report in question be set aside.
    However, the Tribunal observes that a staff member has, at the very least, a moral interest in challenging a report appraising her or his performance. Thus, contrary to the EPO’s submissions, the fact that the complainant has retired since the report was drawn up does not, in itself, deprive him of a cause of action. The EPO’s objection to receivability must therefore be dismissed.

    Keywords:

    cause of action; former official; performance report; rating;



  • Judgment 4601


    135th Session, 2023
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to summarily dismiss him after an internal complaint of harassment was made against him.

    Consideration 14

    Extract:

    The complainant also asks that, as a result of the impugned decision being set aside by the Tribunal, the WTO should be ordered to issue him with the badge provided to pensioners to enable him to participate in the activities of the WTO Pensioners’ Assembly. It is, however, clear from the case law that the Tribunal is not competent to make orders of that kind.
    This is all the more so given that the complainant does not point to any obligation on the WTO to issue the “pensioner” badge arising from the terms of his employment contract or under the provisions of the Staff Regulations and Staff Rules. The Tribunal does not, therefore, in any event, have any competence in the matter, pursuant to Article II, paragraph 5, of its Statute.

    Keywords:

    access badge; competence of tribunal; former official; house ban; order to deliver a badge;



  • Judgment 4582


    135th Session, 2023
    Organisation of African, Caribbean and Pacific States
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks the reclassification of her employment contracts. She also claims that she was the victim of harassment and seeks compensation for the injury she alleges to have suffered.

    Consideration 2

    Extract:

    The Organisation challenges the Tribunal’s competence to hear the complaint. However, the Tribunal recalls that, under Article II, paragraph 6(a), of its Statute, the Tribunal is open to any official, “even if her or his employment has ceased”. The challenge to the Tribunal’s competence will therefore be dismissed.

    Keywords:

    competence; former official; ratione personae; receivability of the complaint;



  • Judgment 4548


    134th Session, 2022
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims compensation for the injury she considers she has suffered because she was not re-hired by the ILO.

    Consideration 4

    Extract:

    It is firmly established in the case law that “although former officials may file complaints with the Tribunal, the Statute limits the Tribunal’s jurisdiction to complaints alleging the non-observance of an official’s terms of appointment and such provisions of the relevant Staff Regulations applicable to the case” (see Judgment 2903, consideration 11; see also Judgments 4201, consideration 3, and 4219, consideration 17).

    Reference(s)

    ILOAT Judgment(s): 2903, 4201, 4219

    Keywords:

    cause of action; competence of tribunal; former official;

    Judgment keywords

    Keywords:

    competence of tribunal; complaint dismissed; external candidate; former official; ratione personae;



  • Judgment 4547


    134th Session, 2022
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision of the President of IFAD to find her internal complaint of harassment and abuse of authority unfounded.

    Consideration 7

    Extract:

    [T]he Tribunal observes that it is irrelevant that IFAD no longer had any reason to take measures to protect the complainant in the present case since she had left the organisation. That is not what the complainant seeks. She does not claim protection, which would indeed be pointless, but compensation for the material and moral injury she submits she suffered as a result of the conduct in question.

    Keywords:

    cause of action; former official; harassment;



  • Judgment 4517


    134th Session, 2022
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks restoration of her entitlements to healthcare and health insurance.

    Consideration 3

    Extract:

    Contrary to what the complainant contends, the internal remedies provided for in Chapter XI of the Staff Regulations and Staff Rules are available to former staff members. While it is true that, as the Tribunal observed in Judgment 2892, considerations 6 to 8, and reaffirmed in several more judgments, only serving staff members previously had recourse to these remedies, in 2016 Staff Regulation 11.1 was amended specifically to extend access to former staff members. The previous case law is therefore obsolete [...].

    Reference(s)

    ILOAT Judgment(s): 2892

    Keywords:

    former official; internal appeal;

    Judgment keywords

    Keywords:

    duty of care; former official; medical insurance;

    Consideration 8

    Extract:

    [I]n the very specific circumstances of the case, the Tribunal considers that, in view of the complainant’s advanced age and frail health, which plainly make it difficult in practice for her to access information concerning her rights, and the fact that, in this context, she could legitimately be unaware of the – still relatively recent – revision of the Staff Regulations extending the scope of the internal appeal procedure to former staff members, it was incumbent on ITU to ensure that the complainant was duly informed of the remedies and time limits for challenging the impugned decision, at least as from receipt of the abovementioned letter of 27 June 2020. Although the Tribunal’s case law does not ordinarily place such an obligation on organisations, ITU’s duty of care towards this former staff member required it to provide her with the necessary information on this point (for a comparable case involving a failure to state the means of redress and applicable time limits in the notification of a decision sent to a former staff member with a serious disability, see Judgment 3012, consideration 6). That requirement was not met by ITU, since – somewhat shockingly from a human perspective – the Organisation simply failed to communicate with the complainant from the beginning of the present case and, in particular, did not reply to either of the abovementioned letters sent to it on her behalf.

    Reference(s)

    ILOAT Judgment(s): 3012

    Keywords:

    duty of care; former official; internal appeal;



  • Judgment 4482


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the “social democracy” reform introduced by decision CA/D 2/14.

    Consideration 16

    Extract:

    Insofar as the complainant seeks moral damages for the length of the internal appeal, it is by no means obvious that he suffered a moral injury having left the Organisation in 2016, and, in any event, he has not demonstrated that he has.

    Keywords:

    delay in internal procedure; former official; moral injury;



  • Judgment 4448


    133rd Session, 2022
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Global Fund’s alleged failure to take a final decision on her formal complaint of harassment.

    Consideration 9

    Extract:

    The complainant’s claim for compensation for alleged defamation is based on an organisation’s ongoing duty not to cause such injury to present as well as former staff members. This accords with the Tribunal’s case law in consideration 46 of Judgment 3613 that international organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members and that this duty, which flows from the general principles governing the international civil service, is also applicable as a matter of course to former staff members of an organisation (see also Judgment 2861).

    Reference(s)

    ILOAT Judgment(s): 2861, 3613

    Keywords:

    defamation; former official;



  • Judgment 4358


    131st Session, 2021
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to place him on the shortlist for a position.

    Consideration 2

    Extract:

    Article II of the Tribunal’s Statute recognises that officials whose employment has ceased can access the Tribunal (Article II, paragraph 6(a)), a circumstance which might, for example, involve the enforcement of rights which had arisen during the currency of their employment (see, for example, Judgment 4219, consideration 17). However it is nonetheless necessary, to render a complaint receivable, for a complainant to be seeking to vindicate non-observance of her or his terms of appointment or Staff Regulations as are applicable (Article II, paragraph 5, of the Tribunal’s Statute). Ordinarily, as is the case in the present proceedings, a person who has ceased to be a member of the staff of an international organisation has no subsisting terms of appointment nor are there ordinarily any applicable Staff Regulations and none applying to former staff members are pointed to in these proceedings.
    Accordingly the complaint must be dismissed as irreceivable as the Tribunal has no competence to hear it (see, for example, Judgments 3774, consideration 1, and 3709, consideration 4).

    Reference(s)

    ILOAT Judgment(s): 3709, 3774, 4219

    Keywords:

    competence; former official; ratione personae;

    Judgment keywords

    Keywords:

    competence; complaint dismissed; former official; ratione personae;



  • Judgment 4337


    131st Session, 2021
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her requests for reinstatement.

    Judgment keywords

    Keywords:

    cause of action; complaint dismissed; former official; reinstatement;



  • Judgment 4224


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the disciplinary measure of summary dismissal imposed on him.

    Judgment keywords

    Keywords:

    complaint dismissed; former official; internal remedies exhausted;



  • Judgment 4219


    129th Session, 2020
    ITER International Fusion Energy Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who had been seconded to the ITER Organization, challenges the decision to end his secondment and the failure to investigate his harassment allegations.

    Consideration 17

    Extract:

    [T]he Tribunal has recognised that former officials can seek redress in the Tribunal when, inter alia, the former official is seeking to enforce rights which had arisen during the currency of her or his employment with the international organisation concerned (see, for example, Judgments 3505, consideration 3, and 3915, consideration 3).

    Reference(s)

    ILOAT Judgment(s): 3505, 3915

    Keywords:

    competence; former official; ratione materiae; ratione personae;



  • Judgment 4201


    128th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision taken by the Executive Committee of the Staff Association to reject his application for legal support in connection with a complaint he had filed with the Tribunal.

    Consideration 3

    Extract:

    The Tribunal notes that, at the time when he filed his complaint, the complainant was a former official. Although the Tribunal is open to former officials of international organizations recognising its competence, a complaint filed by a former official must, like any other complaint, invoke non-observance, in substance or in form, of the terms of the complainant’s appointment and/or of provisions of the Staff Regulations, as required by Article II, paragraph 5, of the Tribunal’s Statute. In this case, however, the complainant does not allege that any provision of his terms of appointment or of the Staff Regulations has been violated.

    Reference(s)

    ILOAT reference: Article II, paragraph 5, of the Statute

    Keywords:

    competence of tribunal; former official; ratione materiae; ratione personae;



  • Judgment 4163


    128th Session, 2019
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to process his request for the reclassification of his post on the ground that he had separated from the Organization.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; former official; reclassification;

    Consideration 4

    Extract:

    [T]he complainant relies on Judgment 2658. For relevant purposes, that judgment affirms the principle that a request for the reclassification of a position of a staff member while the person was a member of staff can be pursued after and notwithstanding that the person had separated from the organization. In its pleas, UNIDO seeks to distinguish that judgment having regard to the differing facts in this case. However, the points of distinction have no bearing on the applicability of the principle just discussed.

    Reference(s)

    ILOAT Judgment(s): 2658

    Keywords:

    former official; receivability of the complaint; reclassification;



  • Judgment 4126


    127th Session, 2019
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former staff member of the ICC who had separated from service in October 2015, challenges the rejection of his harassment complaint filed in March 2018 against the President of the Staff Union Council.

    Judgment keywords

    Keywords:

    complaint dismissed; former official; summary procedure;

    Consideration 3

    Extract:

    The complaint is irreceivable. Although Section 4 of Administrative Instruction ICC/AI/2005/005 states that it applies to former staff members, it is firmly established in the case law that the rules governing the receivability of complaints filed with the Tribunal are established exclusively by its own Statute (see, for example, Judgment 3889, under 3). Pursuant to Article II, paragraph 5, of its Statute, the Tribunal is competent to hear complaints alleging “non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations”. In the present case, the Tribunal finds that the complainant, a former official of the ICC, does not allege any breach of his terms of appointment or of ICC Staff Rules applicable to him while he was still an ICC official. His complaint, which does not fall within the competence of the Tribunal, is therefore clearly irreceivable and must be summarily dismissed in accordance with the procedure provided for in Article 7 of the Rules of the Tribunal.

    Reference(s)

    ILOAT reference: Article 7 of the Rules; Article II, paragraph 5, of the Statute
    ILOAT Judgment(s): 3889

    Keywords:

    competence of tribunal; former official; ratione personae; receivability of the complaint; summary procedure;

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Last updated: 07.03.2024 ^ top