Judgment No. 3549
The complaint is dismissed.
As the complaint is clearly irreceivable, it is summarily dismissed.
status of complainant; summary procedure; complaint dismissed
"Pursuant to Article II, paragraph 5, of its Statute, “[t]he Tribunal shall […] be competent to hear complaints alleging non-observance, in substance or in form, of the terms of appointment of officials”. At no point in time did the complainant have the status of an official of the ICC. As the Tribunal has often recalled in its case law, external candidates for employment and persons who have not concluded a contract of employment with an organisation that has recognised the jurisdiction of the Tribunal are not within the latter’s jurisdiction (see, for example, Judgments 803, under 3, 1554, under 10, 1964, under 4, and 3382, under 4)."
ILOAT Judgment(s): 803, 1554, 1964, 3382
candidate; external candidate; ratione personae; non official