Judgment No. 3550
Decision
The complaint is dismissed.
Summary
As the complainant is not an official of the Organization, the complaint is summarily dismissed.
Judgment keywords
Keywords
status of complainant; summary procedure; complaint dismissed
Consideration 7
Extract:
It is unnecessary to consider the arguments put forward by the complainant in support of these claims, as the Tribunal clearly has no jurisdiction to hear this case. 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 and of provisions of the Staff Regulations of any […] international organization meeting the standards set out in the Annex [to the Statute] which has addressed to the Director-General [of the ILO] a declaration recognizing, in accordance with its Constitution or internal administrative rules, the jurisdiction of the Tribunal”. As the complainant cannot be considered as an official and is not covered by the provisions of the UNESCO’s Staff Regulations and Staff Rules, she has no access to this Tribunal (see Judgments 2017, under 2(a), and 3049, under 4).
Reference(s)
ILOAT reference: Article II, paragraph 5, of the Statute
ILOAT Judgment(s): 2017
Keywords
staff regulations and rules
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