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Former official (655,-666)

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Keywords: Former official
Total judgments found: 13

  • 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:

    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:

    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;



  • Judgment 4125


    127th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant alleges that UNESCO disclosed confidential information concerning him to the press without his authorization.

    Consideration 4

    Extract:

    The complainant appears to believe that, because as a former official he does not have access to the internal appeal mechanism, he is entitled to come directly before the Tribunal in order to assert a claim against his former employer without having first sought a decision on the matter from UNESCO. The complainant is mistaken. The provisions of Article VII of the Statute of the Tribunal make it clear that a complaint must be directed against a decision of the defendant organisation, whether express or implied. This requirement applies equally to serving and former officials, notwithstanding that the latter may be excluded by the staff regulations from pursuing internal appeals, as is the case in UNESCO. Indeed, it is obvious that the organisation must be given an opportunity to address the claims and allegations of a former official before being compelled to participate in judicial proceedings.

    Keywords:

    direct appeal to tribunal; former official; impugned decision; internal remedies exhausted;

    Judgment keywords

    Keywords:

    former official; summary procedure;



  • Judgment 4034


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims that she was subjected to harassment.

    Consideration 4

    Extract:

    The Tribunal has already ruled that under Staff Regulation 11.1, Staff Rule 111.1 and the Statutes of the Appeals Board, a former staff member cannot use the internal means of redress to challenge a decision taken after she or he has left the Organization (see Judgment 3505, under 4).

    Reference(s)

    ILOAT Judgment(s): 3505

    Keywords:

    former official; internal remedies exhausted;



  • Judgment 3915


    125th Session, 2018
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant requested ESO to provide her with a reference certificate satisfying the requirements of German law.

    Consideration 3

    Extract:

    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.

    Reference(s)

    ILOAT reference: Article VII of the Statute
    ILOAT Judgment(s): 3679

    Keywords:

    condition; direct appeal to tribunal; former official;



  • Judgment 3709


    122nd Session, 2016
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a retired UNESCO official, impugns the decision of the Director-General not to give her access to the submissions of another official who filed a complaint against UNESCO with the Tribunal.

    Judgment keywords

    Keywords:

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

    Consideration 4

    Extract:

    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 the provisions of the Staff Regulations”. In this case, the Tribunal finds that the complainant, a former official of UNESCO, does not allege any breach of her terms of appointment or of Staff Regulations applicable to her.

    Reference(s)

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

    Keywords:

    cause of action; competence of tribunal; former official;



  • Judgment 3505


    120th Session, 2015
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend her sick leave entitlement beyond the date on which her appointment expired.

    Considerations 3 and 5

    Extract:

    "The Tribunal’s case law establishes that, when under an organisation’s Staff Rules and Staff Regulations only serving staff members have access to the internal appeal procedures, former officials have no possibility of using them and they are then entitled to file a complaint directly with the Tribunal (see, for example, Judgments 2840, under 21, 3074, under 13, or 3156, under 9). [...]
    However […], as the Tribunal explained in Judgment 3398 under 2 and 6, the internal means of redress established by the Staff Regulations and Staff Rules are open to any person who has been affected by a decision in his or her capacity as an official, even if he or she has since left the Organization. A staff member of UNESCO whose appointment has ended is therefore still entitled to use the internal means of redress if he or she wishes to challenge a decision taken before his or her separation. It must be noted that, although in such a case this rule will also have the effect of depriving the former staff member of the possibility of filing a complaint directly with the Tribunal, it provides that person with the essential safeguard constituted by the right of officials to pursue an internal appeal against any decision harming their interests."

    Reference(s)

    ILOAT Judgment(s): 2840, 3074, 3156, 3398

    Keywords:

    direct appeal to tribunal; former official;



  • Judgment 3468


    119th Session, 2015
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complaint does not raise issues over which the Tribunal has jurisdiction, it is irreceivable and is summarily dismissed.

    Judgment keywords

    Keywords:

    external collaborator; former official; summary procedure;

    Consideration 4

    Extract:

    "[I]t is clear that these issues concerned the application of a policy to the complainant while he was seeking consultancy work with the FAO but when he was no longer an official of the Organization. The policy had no practical or legal application to the complainant when he was an official of the FAO. Accordingly the issues sought to be raised by the complainant in his internal appeal and before the Tribunal are not issues concerning the non-observance of the terms of his appointment as an official of the FAO or of the application of the Staff Regulations applicable to him during his period of employment with that Organization. The complainant’s challenge is made as a potential consultant rather than as a former official. Consequently, his complaint is based on his status as a potential consultant. Having regard to Article II of the Tribunal’s Statute, the complaint does not raise issues over which the Tribunal has jurisdiction."

    Keywords:

    competence of tribunal; former official; status of complainant;



  • Judgment 3424


    119th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the impugned implied decision was flawed.

    Consideration 6(a)

    Extract:

    "It is true that, contrary to the Fund’s submissions, its former employees do not have access to the internal appeal procedure for which the applicable regulations make provision. Indeed, the regulations in force at the material time, as well as those which replaced them with effect from 1 August 2012, provide that the internal means of redress are open to “employees”, but there is nothing in the texts governing the organisation’s staff which specifies that this term also refers to former employees. The Tribunal has already had occasion to find, with regard to other international organisations’ staff rules and regulations couched in similar language, that in the absence of any indication to the contrary in the applicable texts, this term must be interpreted as referring solely to serving staff members (see, in particular, Judgments 2840, under 17 to 21, 2892, under 6 to 8, or 3074, under 11 to 13). The Fund’s argument that, in practice, the Appeal Board has so far agreed to consider appeals filed by former employees is no bar to the application of that case law."

    Reference(s)

    ILOAT Judgment(s): 2840, 2892, 3074

    Keywords:

    former official; internal appeal;

    Consideration 6(b)

    Extract:

    "Before leaving the organisation, [the complainant] had sufficient time to lodge an internal appeal against the disputed decision, and the fact that he subsequently ceased to be an employee of the Fund did not deprive him of the possibility of pursuing those proceedings to the end (see, for a similar case, Judgment 3202, under 10). Indeed, the question whether an employee separating from an organisation has access to the internal means of redress must be determined, for the entire appeal procedure, at the date on which he or she receives notification of the decision he or she intends to challenge, and subsequent events have no bearing on this issue (see also a contrario the above-mentioned Judgments 2892, under 8, and 3074, under 13)."

    Reference(s)

    ILOAT Judgment(s): 2892, 3074, 3202

    Keywords:

    former official; internal appeal;



  • Judgment 3397


    119th Session, 2015
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who had an accident recognized as work-related, unsuccessfully impugns the decision not to grant her appropriate compensation for the physical pain she suffered as a result of the accident.

    Consideration 5

    Extract:

    Precedent has it that former officials may file a complaint directly with the Tribunal where access to the internal appeal procedure is granted only to serving officials under the Staff Rules and Staff Regulations of their organisation (see Judgments 2840, under 21, and 3074, under 13).
    This case law plainly does not apply in this case. It is clear from the written submissions that the complainant filed her protest before she retired and that she thereby initiated the internal appeal procedure reserved for serving officials.

    Reference(s)

    ILOAT Judgment(s): 2840, 3074

    Keywords:

    former official;



  • Judgment 3147


    113th Session, 2012
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal finds itself competent as the question raised in the complaint does not relate to the interpretation and execution of supernumerary contracts, but instead relates to the claim raised by a former staff member, that those supernumerary contracts were “fictitious” and that staff holding such contracts must be considered as regular staff members who are eligible to participate in the UNJSPF.

    Keywords:

    competence of tribunal; former official; ratione personae;



  • Judgment 3139


    113th Session, 2012
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The Union regrets that the internal appeal procedure [...] was not completed, but it raises no objection to receivability on that account.
    The Tribunal automatically examines the receivability of complaints filed with it. [...]. In Judgment 2892, the Tribunal held that the provisions of the ITU Staff Regulations and Staff Rules governing internal appeals did not provide for appeals by former staff members. In such circumstances, where a decision has not been communicated until after a staff member has separated from service, the former staff member does not have recourse to the internal appeal process (see for example Judgment 2840, under 21). Hence the Tribunal will not find that the complaint is irreceivable pursuant to Article VII, paragraph 1, of its Statute.

    Reference(s)

    ILOAT reference: Article VII, paragraph 1, of the Statute
    ILOAT Judgment(s): 2840, 2892

    Keywords:

    former official; iloat statute; internal appeal; ratione personae; receivability of the complaint;


 
Last updated: 19.09.2019 ^ top