Judgment No. 4358
The complaint is dismissed.
The complainant challenges the decision not to place him on the shortlist for a position.
competence; former official; ratione personae; complaint dismissed
Article II of the Tribunalís Statute recognises that officials whose employment has ceased can access the Tribunal (Article II, paragraph 6(a)), a circumstance which might, for example, involve the enforcement of rights which had arisen during the currency of their employment (see, for example, Judgment 4219, consideration 17). However it is nonetheless necessary, to render a complaint receivable, for a complainant to be seeking to vindicate non-observance of her or his terms of appointment or Staff Regulations as are applicable (Article II, paragraph 5, of the Tribunalís Statute). Ordinarily, as is the case in the present proceedings, a person who has ceased to be a member of the staff of an international organisation has no subsisting terms of appointment nor are there ordinarily any applicable Staff Regulations and none applying to former staff members are pointed to in these proceedings.
Accordingly the complaint must be dismissed as irreceivable as the Tribunal has no competence to hear it (see, for example, Judgments 3774, consideration 1, and 3709, consideration 4).
ILOAT Judgment(s): 3709, 3774, 4219
competence; former official; ratione personae