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Judgment No. 1542

Decision

The complaint is dismissed.

Consideration 5

Extract:

"This complaint, which seeks the grant of staff union facilities [...], does concern the exercise of the freedom of association that Article 30 of the Service Regulations guarantees. So the Tribunal is competent ratione materiae under Article II(5) and (6)(a) of its Statute, whereby it is open to any official - even one whose employment has ceased - who alleges breach in substance or in form of the Staff Regulations."

Reference(s)

ILOAT reference: ARTICLE II (5) AND (6)(A) OF THE STATUTE
Organization rules reference: ARTICLE 30 OF THE EPO SERVICE REGULATIONS

Keywords

complaint; locus standi; complainant; status of complainant; receivability of the complaint; competence of tribunal; vested competence; iloat statute; staff regulations and rules; staff union; freedom of association; facilities; staff union activity; staff representative

Consideration 6

Extract:

"A complaint is receivable only if it is about an individual official's status as an employee of the organisation, not about the collective interests of trade unionists." Insofar as the present complaint purports to be made on behalf of a trade union it is irreceivable.

Keywords

complaint; locus standi; complainant; status of complainant; receivability of the complaint; cause of action; competence of tribunal; contract; staff union; staff representative

Consideration 7

Extract:

"The complainant has no locus standi to make a claim against his former employer. After dismissal he no longer had any connection with the EPO in law. Nor, since he was in the EPO's employ for under ten years, is he entitled [...] to draw a pension: he can therefore derive no cause of action from the breach of any provision of the EPO's Rules and Regulations."

Keywords

complaint; locus standi; complainant; status of complainant; receivability of the complaint; cause of action; staff regulations and rules; breach; seniority; termination of employment



 
Last updated: 13.05.2020 ^ top