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Judgment No. 117

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

If the signatory to the contract of employment had authority from the organization, the complainant could be held to be employed by the organization. "Authority is a clear and precise legal conception and if it cannot be found to exist it is not permissible to take refuge in imprecise expressions, such as that the credit union [which employs the complainant] was a body "within the framework of [the organization]". Accordingly, the complainant not being employed by [the organization], and so not one of its staff members, the Tribunal lacks jurisdiction".

Keywords

locus standi; status of complainant; receivability of the complaint; competence of tribunal; right of appeal; contract; delegated authority; non official



 
Last updated: 12.05.2020 ^ top