Programme, Financial and Administrative Committee
THIRTEENTH ITEM ON THE AGENDA
Matters relating to the Administrative
Tribunal of the ILO
Recognition of the Tribunal's jurisdiction
by the International Federation of Red Cross
and Red Crescent Societies
With reference to the main paper submitted under this item on the agenda, the Office has received the communication overleaf from the Secretary-General of the International Federation of Red Cross and Red Crescent Societies concerning transitional arrangements pending consideration by the Governing Body of the Federation's recognition of the ILO Administrative Tribunal.
Geneva, 10 November 1998.
Letter from the IFRC to the Director-General
International Federation of Red Cross and Red Crescent Societies
The Secretary General
To: Mr. Michel Hansenne
International Labour Office
4 route des Morillons
1211 Geneva 22
Geneva, 4 November 1998
Re: Recognition of ILOAT's jurisdiction by the International Federation
Pursuant to consultations between Mr. D. Devlin, Legal Adviser of ILO, and Mr. Luc De Wever, Head Legal Affairs of the International Federation, and Mr. Devlin's letter to him of 22 June 1998, I have the pleasure of informing you of the following.
As stated in my letter to you of 23 December 1997 (a translation of which is annexed to ILO document GB.273/PFA/13/2 and Corr.), the acceptance of ILOAT's jurisdiction by the International Federation, in conformity with the decision of its General Assembly of November 1997, will apply to all staff members holding a contract of employment with the International Federation who are based at headquarters in Geneva, and to its expatriate employees holding a contract of employment with the International Federation who work in the regional and country delegations.
As a consequence, the International Federation's acceptance of the Tribunal's competence does not extend to other categories of persons working for the International Federation such as staff made available by the National Societies members of the International Federation (i.e. persons seconded to the International Federation, called "staff on loan") or individuals employed locally by the delegations of the International Federation. For the time being, appropriate regulations and contractual arrangements will provide for such individuals an ad hoc arbitration system or any other appropriate mode to settle eventual disputes between them and the International Federation.
The scope of ILOAT's jurisdiction ratione personae, as above, will be specified in the Staff Regulations which I will put into effect when the International Federation will receive notification from the ILO that the Governing Body has accepted the International Federation's declaration. This clarification will enable to determine as accurately as possible which individuals are entitled to lodge a complaint with the ILOAT. Copies of the modified Staff Regulations will be communicated in due time to the ILO.
In order to prepare a proper transition of the dispute settlement system in our organization, the General Assembly of the International Federation of 1997 authorized me to determine the date at which the new Staff Rule accepting the jurisdiction of ILOAT enters into effect. I would like therefore the jurisdiction of the ILOAT to apply ratione temporis from 1 January 1998 -- which allows me to put new Staff Regulations in place. I will communicate this date to you once I receive notification about the decisions of ILO's Governing Body.
May I perhaps for the sake of clarity signal that the official denomination of the documents quoted in the penultimate paragraph of the English translation of my letter to you of 23 December 1997, as annexed to the above-mentioned document GB.273/PFA/13/2 and Corr., is "Staff Rules" instead of "Staff Regulations" and "Staff Regulations" instead of "Internal Regulations".
Please do not hesitate to contact me or Mr. De Wever, Head Legal Affairs, should you require further information.
(Signed p.p.) George Weber