Judgment No. 1033
THE COMPLAINT IS DISMISSED.
"According to Article II(5) of its Statute, [the Tribunal] is competent to hear a complaint only if the international organisation that employs the complainant has addressed to the Director-General of the International Labour Office a declaration of recognition in accordance with its constitution or internal administrative rules and if the Governing body of the International Labour Office has approved the declaration." As the International Union for the protection of new varieties of plants (UPOV) has not met these requirements, the Tribunal is not competent to hear the complaint filed by an official of that organisation even though the WIPO Staff Regulations and Staff Rules apply to him as a UPOV employee.
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
competence of tribunal; declaration of recognition; staff regulations and rules; enforcement; condition
Under Article 24 of the Paris Convention of 1961, as amended, UPOV has legal personality of its own and the administrative arrangements provided for in its Agreement with WIPO do not impair its distinct identity. The reasons why the complainant may not appeal are that even though the WIPO Staff Regulations and Staff Rules apply to him as an employee of UPOV he is not an official of WIPO, and the organisation that does employ him has not recognised the Tribunal's jurisdiction under Article II(5).