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Rules of the Administrative Tribunal of the International Labour Organization

Adopted by the Tribunal on 24 November 1993 and amended by the Tribunal on 9 November 2011

I. ORGANIZATION

Article I

1. The Tribunal shall elect a President and a Vice-President.

2. Election shall be by vote of the majority of its members, any who cannot attend for the purpose being entitled to vote by correspondence.

3. The President shall direct its proceedings and represent it in all administrative matters.

4. If the President is unable to act, the Vice-President or, if the Vice-President is unable to act, the senior judge shall exercise the functions of President at and between sessions.

Article 2

The Tribunal shall have a Registry led by a Registrar. The Registrar and the officials of the Registry are appointed by the Director-General of the International Labour Office. The Registrar designates the official who can act in his/her place during his/her absence.

Article 3

1. The Tribunal shall hold sessions whenever the caseload so warrants.

2. The President shall set and may amend the dates of each session of the Tribunal and shall invite members to attend for such period as he determines.

II. PROCEDURE

Article 4

1. A complaint filed against an organization which has recognized the jurisdiction of the Tribunal and any communication relating to such complaint shall be addressed to the President through the Registrar.

2. For the purpose of determining whether the time limits in paragraphs 2 and 3 of Article VII of the Statute have been complied with, the Tribunal shall take into account the date of deposit of the complaint at the Registry or the date of despatch, provided that in the event of doubt about the date of despatch it shall take into account the date of receipt at the Registry.

Article 5

1. The complainant may plead his own case or appoint for the purpose an agent who shall be a serving or former official of an organization which has recognized the Tribunal's jurisdiction or of the United Nations, or a member of a bar in a member State of one of those organizations, or, with leave from the President, someone who is qualified to deal with issues relating to the international civil service.

2. The complainant's agent shall provide, in English or French, a power of attorney.

3. The defendant organization's agent shall be one of its own serving or former officials, or a serving or former official of another organization which has recognized the Tribunal's jurisdiction or of the United Nations, or a member of a bar in a member State of one of those organizations, or, with leave from the President, someone who is qualified to deal with issues relating to the international civil service.

4. Where the defendant organization's agent is not a serving or former official, it shall provide, in English or French, a power of attorney.

Article 6

1. The complainant or the complainant's agent shall:

(a) fill up in English or French and sign the complaint form prescribed in the Schedule to these Rules;

(b) append thereto a brief in the same language stating the facts of the case and the pleas and the original or a certified copy or transcript of any item of evidence adduced in support;

(c) append to any text which is not in English or French a certified translation into the language chosen in accordance with (a); and

(d) supply five copies of the complaint form, the brief and any appended item of evidence and certify them by signature to be true.

2. If not satisfied that the complaint meets the requirements of these Rules, the Registrar shall call upon the complainant or the complainant's agent to correct it within 30 days and may where appropriate return the papers for the purpose.

3. If satisfied that the complaint meets the requirements of these Rules, the Registrar shall forward one copy to the defendant organization.

4. The language chosen in accordance with l(a) shall be used in any subsequent written pleadings.

Article 7

1. If the President considers a complaint to be clearly irreceivable or devoid of merit he may instruct the Registrar to forward it to the defendant organization for information only.

2. When it takes up such complaint the Tribunal may either dismiss it summarily as clearly irreceivable or devoid of merit or else order that the procedure prescribed below shall be followed.

Article 8

1. In any case which is not dealt with in accordance with Article 7(1) the defendant organization shall despatch its reply to the Registrar within 30 days of the date of receipt of the complaint.

2. It shall:

(a) append to its reply the original or a certified copy or transcript of any item of evidence adduced in support;

(b) append to any text which is not in English or French a certified translation into the language chosen in accordance with Article 6(1)(a); and

(c) supply five copies of its reply and of any appended item of evidence and certify them by the signature of its agent to be true.

3. If it files no reply within the time limit the written pleadings shall close.

Article 9

1. If satisfied that the defendant organization's reply meets the requirements of these Rules, the Registrar shall forward one copy to the complainant or to the complainant's agent, who may file a rejoinder within 30 days of the date of receipt.

2. If no rejoinder is filed within the time limit the written pleadings shall close.

3. If a rejoinder is filed, the Registrar shall forward one copy to the defendant organization, which may file a surrejoinder within 30 days of the date of receipt.

4. If no surrejoinder is filed within the time limit the written pleadings shall close.

5. If a surrejoinder is filed, the Registrar shall forward one copy to the complainant or to the complainant's agent.

6. The President may, on his own motion or on the application of either party, order the submission of a further written statement or document and may set the time limit for such submission.

7. The complainant or the complainant's agent shall supply with the rejoinder and with any further written statement or document, and the defendant organization shall supply with the surrejoinder and with any further written statement or document,

(a) a certified translation into the language chosen in accordance with Article 6(1)(a) of any text which is not in English or French and

(b) five certified copies of all submissions.

Article 10

1. When the President considers the pleadings to be sufficient he shall instruct the Registrar to put the complaint on the list of a session of the Tribunal.

2. The Registrar shall inform the parties before the opening of that session of the inclusion of the complaint in the list and of the dates of the session.

3. The Tribunal or, between sessions, the President shall rule on an application by either party for a stay of proceedings or for the adjournment of a listed case to a later session.

III. OTHER MATTERS

Article 11

1. The Tribunal may, on its own motion or on the application of either party, order such measures of investigation as it deems fit, including the appearance of the parties before it, the hearing of expert and other witnesses, the consultation of any competent international authority, and expert inquiry.

2. Any measure of investigation may be by letters rogatory if the Tribunal or, between sessions, the President so orders.

Article 12

1. An application by either party tor hearings shall identify any witness whom that party wants the Tribunal to hear and the issues which the party wants the witness to address.

2. The Tribunal shall determine the conduct of any hearings.

3. Hearings shall include oral submissions by the parties and may, with leave from the Tribunal, include oral testimony by any witness.

4. A witness shall make the following declaration before giving evidence:

"I solemnly declare that I shall speak without hatred and without fear, and shall speak the truth, the whole truth and nothing but the truth."

5. An expert witness shall make the same declaration as any other witness and shall then make the following further declaration:

"I solemnly declare that I shall give evidence to the best of my knowledge and belief."

Article 13

1. Anyone to whom the Tribunal is open under Article II of the Statute may intervene in a complaint on the grounds that the ruling which the Tribunal is to make may affect him.

2. An organization which has recognized the Tribunal's jurisdiction may intervene in a complaint on the grounds that the ruling which the Tribunal is to make may affect it.

3. The Tribunal or, between sessions, the President may instruct the Registrar to give notice of a complaint to any third party if it appears that such third party may want to make submissions.

4. To be receivable, an application to intervene shall be delivered at the Registry before the opening of the session for which the complaint is listed.

Article 14

The Tribunal or, between sessions, the President may shorten or lengthen any time limit set in accordance with these Rules.

Article 15

The President may between sessions make provisional orders, without prejudice to the ultimate ruling by the Tribunal on the parties' rights, on an application by either party for measures to establish the existence of any fact that is material to the dispute.

Article 16

The Tribunal shall, in exercise of the powers vested in it by Article X of the Statute, deal with any matter which these Rules do not expressly provide for.

Article 17

These Rules shall come into force on 1 May 1994.

SCHEDULE

The complaint form referred to in Article 6(1)(a) of these Rules shall consist of questions under the following five heads:

1. The complainant.

2. The defendant organization.

3. The challenged decision.

4. The pleadings (relief claimed, list of documents, etc.).

5. Special applications.

The form may be obtained from the Registrar.

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Last update: 10.12.2013^ top