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Ratione personae (699,-666)

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Keywords: Ratione personae
Total judgments found: 16

  • 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.

    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 4045


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who had worked at the EPO as a consultant, asks the Tribunal to confirm that he was employed under the conditions applicable to permanent employees or, alternatively, to auxiliary staff.

    Judgment keywords

    Keywords:

    non official; ratione personae;

    Consideration 3

    Extract:

    The complaint will be dismissed. The foregoing shows that the complainant was an independent contractor employed by the private company to provide the subject services to the EPO. He had no employment connection with the EPO deriving from a contract of employment or from the status of a permanent employee (see Judgment 2649, under 8). He was not an EPO employee or an auxiliary staff member. His employment relationship was with the private company. He never belonged to the category of employees to whom the Service Regulations for permanent employees of the Office or the Conditions of Employment for Auxiliary Staff applied. There are therefore no similarities between his employment relationships with the EPO which would bring him within the principles stated in Judgment 3090, considerations 4 to 7, for example. In that judgment, the Tribunal held that it had competence, under Article II, paragraph 5, of its Statute, to hear the complaint of a person who had been employed under successive short-term contracts for seven years with the World Intellectual Property Organization.

    Reference(s)

    ILOAT reference: Article II, paragraph 5, of the Statute
    ILOAT Judgment(s): 2649, 3090

    Keywords:

    competence of tribunal; non official; ratione personae;



  • Judgment 3938


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to confirm her appointment due to the rejection of her application for a work visa by the authorities of the country of her duty station.

    Judgment keywords

    Keywords:

    appointment; competence of tribunal; contract; host state; non official; offer withdrawn; ratione personae; receivability of the complaint;

    Considerations 11 and 12

    Extract:

    [The Organization] advised the complainant that [...] the [host State] authorities [...] would not issue her an entry visa [...].
    As the complainant’s appointment was conditional on her obtaining a work visa, her appointment was not confirmed. It follows that as she was not a UNESCO official, her complaint is irreceivable and will be dismissed.

    Keywords:

    competence of tribunal; non official; ratione personae; receivability of the complaint; terms of appointment;



  • Judgment 3774


    123rd Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the fact that he has not been offered further contracts with the ILO.

    Judgment keywords

    Keywords:

    competence of tribunal; external candidate; ratione personae;



  • Judgment 3551


    120th Session, 2015
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complaint is clearly irreceivable, it is summarily dismissed.

    Consideration 3

    Extract:

    "The Tribunal clearly has no jurisdiction to hear this complaint. Pursuant to Article II, paragraph 5, of its Statute, “[t]he Tribunal shall […] be competent to hear complaints alleging non-observance, in substance or in form, of the terms of appointment of officials”. The complainant stated in the complaint form that he filed the complaint in his capacity as a former official. However, according the express terms of the SSA under which he 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, he has no access to this Tribunal (see Judgments 1034, under 3, and 3049, under 4)."

    Reference(s)

    ILOAT Judgment(s): 1034, 3049

    Keywords:

    competence; ratione personae; receivability of the complaint; special service agreement; status of complainant;



  • Judgment 3542


    120th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the Tribunal cannot hear complaints relating to recruitment procedures for external candidates, the complaint is dismissed.

    Consideration 5

    Extract:

    "A steady line of precedent has it that the Tribunal may not hear complaints challenging a decision to reject the candidature of an external applicant for a post in an international organisation that has recognised the Tribunal’s jurisdiction (see Judgment 2657, under 3). This case law must apply here by analogy, since the complaint concerns the circumstances surrounding recruitment procedures within two administrative entities which are clearly identified as being separate, though they belong to the same international organisation."

    Reference(s)

    ILOAT Judgment(s): 2657

    Keywords:

    external candidate; non official; ratione personae; receivability of the complaint;



  • Judgment 3383


    118th Session, 2014
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complainant has never been an official of CERN and did not impugn a decision affecting his rights, his complaint is summarily dismissed.

    Judgment keywords

    Keywords:

    international civil servant; non official; ratione personae; receivability of the complaint; status of complainant; summary procedure;



  • Judgment 3382


    118th Session, 2014
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint filed by an unsuccessful external candidate for employment was summarily dismissed as being not within the scope of the Tribunal’s competence.

    Judgment keywords

    Keywords:

    international civil servant; non official; ratione personae; receivability of the complaint; status of complainant; summary procedure;



  • Judgment 3381


    118th Session, 2014
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint was summarily dismissed on the ground that the complainant was not an official for the purpose of Article II of the Tribunal’s Statute.

    Consideration 6

    Extract:

    "As there was no meeting of minds between the parties concerning an appointment and the complainant did not become a staff member of IOM and, therefore, not an official for the purpose of Article II of the Tribunal’s Statute, the complaint is clearly irreceivable."

    Reference(s)

    ILOAT reference: Article II of the Statute

    Keywords:

    appointment; international civil servant; non official; ratione personae; receivability of the complaint; status of complainant; summary procedure;



  • Judgment 3247


    116th Session, 2014
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant was on reimbursable loan from UNOPS to the Global Fund, when she was notified of the non-renewal of her contract for unsatisfactory performance.

    Consideration 20

    Extract:

    "In a case such as the present, jurisdiction is limited and defined by organisations submitting to the Tribunal’s jurisdiction and the complainant being an official (or former official) of an organisation that has so submitted (see Judgments 2503, consideration 4, and 3049, consideration 4). The complainant was not an official of the Global Fund at any relevant time. She was an official of UNOPS, which has not submitted to the Tribunal’s jurisdiction. Accordingly, the Tribunal has no jurisdiction to determine the complainant’s complaint save for determining whether it has jurisdiction. The complaint is therefore not receivable."

    Reference(s)

    ILOAT Judgment(s): 2503, 3049

    Keywords:

    competence of tribunal; iloat; locus standi; non official; ratione personae; receivability of the complaint; status of complainant;



  • 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 3144


    113th Session, 2012
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    WIPO submits that the Tribunal has no competence to hear the complaint because, as a temporary employee, the complainant is not an official within the meaning of Article II of the Statute of the Tribunal. This objection is unfounded.
    In two recent cases concerning WIPO the Tribunal recalled that it may rule on any employment relationship arising between an international organisation and its staff, whether under the terms of a contract or under Staff Regulations. If a decision to appoint an employee, or to terminate his or her employment, is challenged on the grounds that it affects the rights of the person concerned which the Tribunal is competent to safeguard, the Tribunal must rule on the lawfulness of the disputed decision. It is immaterial whether the employee in question was recruited under a contract and whether that contract was for a fixed term. In addition, the Tribunal has noted that paragraph (b) of the introduction to the Staff Regulations and Staff Rules, on which the Organization relied then and is again relying in this case, in fact refers to persons engaged for short-term service as “staff members” (see Judgments 3090, under 4, and 3091, under 10). Under Article II, paragraph 5, of the Statute of the Tribunal, this case law applies to any complaints alleging non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations.

    Reference(s)

    ILOAT Judgment(s): 3090, 3091

    Keywords:

    competence of tribunal; 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;



  • Judgment 2903


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 to 11

    Extract:

    The complainant submits that the rejection of his second appeal on receivability grounds was incorrect. He argues that the breach of the Organisation's duty of care could only become apparent in the months or years that followed his separation from service and he considers that it had taken a decision against him, i. e. the decision to exclude him from a competition for a post, though it did not convey that decision to him.
    "The Tribunal finds that the complaint is irreceivable. Staff Rule 212.02 provides that a former staff member may bring an internal appeal against administrative decisions in accordance with Staff Regulation 12.1. That latter provision limits the internal appeal procedure to appeals of administrative decisions in relation to the non-observance of the terms of appointment, including all pertinent regulations and rules."
    "In the present case, the complaint arises from circumstances occurring after the complainant's separation from UNIDO and, therefore, is excluded by the Staff Regulations and Rules."
    "Further, 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."

    Keywords:

    candidate; competence of tribunal; competition; internal appeal; non official; ratione personae; receivability of the complaint; right of appeal; separation from service; status of complainant; time bar;



  • Judgment 580


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant, an international civil servant, challenged a candidacy to the post of Director-General. The Organisation pleads that "if the complainant had a cause of action, he would have an unfair advantage over candidates who, not being members of the ILO staff, do not have access to the tribunal. But the alleged breach of equality is a corollary of the provision in the Statute which determines the conditions of access to the Tribunal, and the Tribunal may not review the lawfulness of that provision. The plea fails."

    Keywords:

    candidate; cause of action; competence of tribunal; equal treatment; executive head; locus standi; ratione personae;



  • Judgment .21


    Sessions of the Administrative Tribunal of the League of Nations, 1946
    League of Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    ratione personae;


 
Last updated: 23.07.2019 ^ top