Judgment No. 322
Decision
THE COMPLAINT IS DISMISSED.
Summary
Extract:
For reasons of a personal nature, the complainant waited six years before informing the organisation of the birth of an illegitimate child. He claimed retroactive payment of allowances from the date of the birth. The Tribunal finds that he has lost his right to retroactive payment, since he did not act within a reasonable period of time. To claim a lump-sum payment, after waiting several years, is to disregard the purpose of the provisions on family allowance.
Keywords
time limit; reasonable time; non-retroactivity; family allowance; dependent child; purpose; request by a party
Consideration 2
Extract:
"In accordance with Article II of its Statute the Tribunal hears complaints of breach of terms of appointment or of Staff Regulations and Staff Rules. In reaching its decisions it construes such texts by the accepted methods of legal interpretation."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords
competence of tribunal; iloat statute; staff regulations and rules; contract
Consideration 5
Extract:
"Insofar as these new claims [presented in a supplementary brief] go beyond those contained in the complaint they are irreceivable."
Keywords
complaint; new claim; receivability of the complaint
Consideration 1
Extract:
"Although the complainant has himself come before the Tribunal, he challenges its competence. [The organisation] conferred on the [...] Tribunal [...] under [its] Staff Regulations competence to hear disputes relating to non-observance, in substance or in form, of those Staff Regulations. The International Labour Organisation accepted that recognition of competence in accordance with the prescribed procedure. Hence the [...] competence derives from an international agreement which takes precedence over rules [*] unilaterally adopted earlier by one of the parties [...]."
[*] The Eurocontrol International Convention recognises the competence of national courts.
Keywords
organisation; competence of tribunal; declaration of recognition; international instrument; precedence of rules; provision; difference
Consideration 3
Extract:
"It is immaterial that according to [the relevant provision] an official may not waive his right to remuneration. [...] It is through his own delay that he may lose his right to family allowance, and not because of any express or implied waiver on his part."
Keywords
time limit; reasonable time; time bar; family allowance; dependent child; request by a party
Consideration 2
Extract:
The Tribunal hears the complaints submitted to it on the basis of Staff Regulations and Staff Rules. "In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law in so far as they may apply to the international civil service. It takes no account of municipal law, however, except insofar as such law embodies those principles."
Keywords
tribunal; exception; applicable law; case law; general principle; domestic law; enforcement
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